Story House, LLC User Agreement, herein referred to as the (“Agreement”) which is by and between Story House, LLC (“Story House, LLC”, “we”) doing business as “Story House, LLC” and the undersigned producer/content owner (“Producer”, “you”, “your”) who is registering to the service, and has agreed to the terms of this User Agreement, effective as of today's date. This is the effective date (“Effective Date”).
1. Scope
1. The purpose of this Agreement is to grant exclusive, non-transferable, irrevocable Content Licensing rights to Story House, LLC (Story House, LLC) in order to legally perform its services and comply with the policies in place that moderate Story House, LLC and its use of sensitive third-party tools, including but not limited to: YouTube Content ID, Facebook Rights Manager, SnapChat Rights Management, and Microsoft’s Content Publisher Control Tools. You acknowledge that without these rights, it is impossible for us to legally perform our service. Our service in this instance is to protect and monetize your catalog of content through a combination of publishing and royalty claiming techniques on various third-party platforms.
2. You still retain ownership of all your content, videos, and intellectual property. However, upon registration submission, you forfeit all rights to licensing the content submitted to other companies in the future and Story House, LLC will uphold its right as the exclusive license holder in order to comply with usage guidelines policies mandated to us by third-party platforms; otherwise, this service is impossible to perform.
3. By agreeing to the terms set forth, you are allowing Story House, LLC to exclusively copyright, claim, manage and monetize your video content internally and externally.
2. Content for Licensing
1. The “Content” means the content produced and posted to your social media channels that are being submitted upon registration and submission (examples include YouTube, Instagram, TikTok, Facebook, Douyin, Kuaishou, etc.), as well as any other content that we and you agree in writing to include in this Agreement from time to time.
2. You may deliver additional content to your point person at Story House, LLC or by writing to office@viralish.com and attaching the content you desire to submit as a file or via cloud storage with your provider of choice, e.g. DropBox, OneDrive, etc.
3. At the time of this Agreement, the social video content has been submitted by you to Story House, LLC for exclusive, non-transferrable, copyright content management services; including but not limited to digital rights management on YouTube, Facebook, and other multimedia platforms we enroll into from time to time for your fiscal benefit.
4. All content on the pages set forth on the onboarding registration submission form has been submitted to Story House, LLC for exclusive, non-transferrable, irrevocable licensing and will be subject to review for its usage within Story House, LLC and its Network.
Please note that not all content may be eligible, and that Story House, LLC's team will review the submitted content herein to ensure third-party platform compliance.
3. Fees and Payments
1. Story House, LLC will split the recouped revenue with the Producer in accordance with the revenue-sharing rates of this agreement. For YouTube partner ad-revenues generated by YouTube's algorithmic claiming, the baseline revenue-sharing tier after any applicable service or administration fee is 50% to you and 50% to Story House, LLC.
2. Payments are sent out within 14-days of our third-party platforms (if applicable per your content’s platform-specific eligibility) disbursing the funds to us. If your content generated revenue in January, this revenue will be paid on or around February 28th.
3. You will be responsible for taxes and reporting your revenues in your own respective country, and Story House, LLC will not be held liable in any way in the event you neglect your duties to report whatever ought to be reported.
4. In the event that ads are displayed on other channels containing copyrighted content from multiple claimants, you will be entitled to collect a share of the divided revenue with other rights holders (e.g. Music Publishers) after appropriate splits have taken place.
5. The Network ("Story House, LLC") will have no obligation to pay any amounts, and is permitted to deduct or withhold any amounts owed, determined or reasonably suspected by Story House, LLC, in its sole discretion, to have resulted from: (a) Action Fraud, including without limitation through any clicks originating from Talent's IP addresses or computers under Talent's control, solicited by payment of money, false representation or request for end users to click on Ads, or (b) fraudulent, misleading or false activities or activities that Story House, LLC or its primary platforms, which is YouTube and Facebook, believe to be fraudulent or misleading or in violation of either of their respective terms of service, guidelines, rules, or privacy policies.
4. Contract Period
1. The period of this Agreement will be for 12-months with automatic renewals thereafter, unless you terminate this Agreement with 90-days written notice prior to the renewal date in form of legal writing to office@viralish.com
2. Should you decide to end this Agreement, we agree to stop uploading/monetizing any new content you upload after the termination date. you acknowledge and understand that previously activated reference files will remain exclusively licensed to us, as required by the third-party platforms we partner with making it possible to provide this service in the first place.
3. If you choose to terminate this Agreement, we will ensure your final payment is processed within 30 days of termination. By ending your Agreement with Story House, LLC, or any of our affiliates, you agree that no further payments will be made to you after the termination date.
4. The content, video assets, and I.P. that you created, published, and/or generated prior to, and during the tenure of your Partnership with the Company will remain active and Story House, LLC's exclusive content license will remain nontransferable and active within its Content Management Systems. The exclusive license will survive the termination of this Agreement and will remain non-transferable for all content submitted upon registration and submission in order to comply with third-party platforms usage exclusivity guidelines.
5. Story House, LLC will retain its exclusive, nontransferable content license rights after termination for all content submitted prior to the effective date of your termination. If you decide to work with another content claiming Company, Story House, LLC will keep its right to manage the back catalog of content internally and externally within its systems, including but not limited to: Content ID, Rights Manager, MS Feeds, and tools of this nature within the scope of monetization and protection.
5. Story House, LLC's Rights and Licenses
You hereby grant to each of the following exclusive and non-transferable rights:
1. The exclusive right and license to use, reproduce, digitize, encode, modify, monetize, re-format, transmit, re-broadcast, repurpose the Content and collect revenues from the protection, publishing, and management of the Content on YouTube, Facebook, Snapchat, TikTok, Microsoft, and other platforms we activate monetization services on from time to time. You will be paid your share of the partner ad-revenue on a monthly basis for as long as this Agreement is active.
2. The exclusive right and license to administer content claiming, including without limitation, Content ID claims, and monetization services for the Content across third-party platforms.
3. The ability to sub-license the content internally or externally to third-party publishing partners for the purpose of monetization and content protection benefit for you.
4. The ability to create an anchor account, or first account, on platforms where your presence is not currently established in order to prevent pirates from wrongfully uploading your catalog and claiming first rights. This is typically on platforms in China, or platforms not commonly heard of.
6. Ownership/Clearances/Warranties
1. You retain full ownership of your Content.
2. You must have all the necessary rights and clearances in connection with the Content, and you have the legal right to grant the rights to us. By registering, digi-signing, and submitting your Content and rights to Story House, LLC, you hereby absorb all legal liability in the event of legal proceedings relating to the Content you submitted for management.
3. You warrant and represent that the Content does not infringe on the rights of any third party or violate third-party platforms, including YouTube's Terms of Use. Additionally, you agree to defend, indemnify and hold harmless Story House, LLC for any and all claims to the contrary.
7. Other Provisions
1. You agree to keep the terms of this Agreement confidential.
2. This Agreement is governed and construed according to Tennessee law, and by signing, you are agreeing to submit to the jurisdiction of Nashville, Tennessee.
3. You and Story House, LLC waive all rights to a jury trial, instead electing that the dispute be resolved by a judge. Additionally, both parties agree that any and all disputes or claims that have arisen or may arise between either parties (Story House, LLC and You, the "Producer"), including federal and state, common law claims, and those based in contract, tort, fraud, misrepresentation or any other equitable or legal theory, and relating in any way to this website, its services or these will be resolved only by and through confidential final and binding arbitration, rather than in any court, except that You may only assert claims in small claims court if Your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.
4. Upon submission of acceptance of this User Agreement, I agree that all information in this form is true and accurate. I also agree that if I am under 18, my parents/guardian will sign this User Agreement and absorb all legal liability for this User Agreement.
5. You agree to, and are hereby bound to, our Terms of Service, found here, which may be amended from time to time. Continued use of our service is constituted as acceptance to such amendments. These terms include the exclusive, explicit, nontransferable content licensing rights to the content contractually submitted by you to Story House, LLC. These rights remain even if you terminate this Agreement, in accordance with section 4 of this Agreement.
6. Electronic communication is a sufficient method to notify a party.
7. By signing, you agree as follows: "I understand I am granting a non-transferable, irrevocable, fully exclusive license to all of the content submitted on the social media pages I am submitting, and that Story House, LLC (Story House, LLC, Enfinity Limited and any other of its authorized divisions without limitation) may represent and manage this content on my behalf without limitation."