By Storm, LLC

Last Updated: June 25, 2025

Please read these Terms of Service (hereinafter referred to as “Terms”) carefully before accessing or using the website https://by-storm.com, its affiliates, or extensions (collectively, the “Site”), or any services provided through the Site (collectively, the “Service”). By accessing or using the Site or Service, you signify your acceptance of these Terms, the By Storm Privacy Policy, and the Digital Millennium Copyright Act (DMCA) Statement. If you do not agree to these Terms, you may not use the Site or Service.

Any violation of these Terms may result in civil and/or criminal liability. By Storm, LLC (hereinafter referred to as the “Company”) reserves the right to terminate permissions, accounts, or access to the Service for any user at its sole discretion, with or without notice, and to discontinue any part of the Service at any time.

The Company may modify these Terms at its sole discretion without prior notice. Modifications will be posted on the Site or communicated via email to registered users. Your continued use of the Site or Service after such modifications constitutes your acceptance of the revised Terms. Additional terms may apply to specific services offered through the Site and will govern your use of those services.

1. General Provisions

1.1. Acceptance of Terms

By accessing or using the Site or Service, you agree to be bound by these Terms, the By Storm Privacy Policy, and any additional terms specific to certain services. Any terms proposed by you that conflict with or add to these Terms are expressly rejected by the Company and have no force or effect.

1.2. Eligibility

1.2.1. You represent and warrant that you are at least eighteen (18) years of age or, if under eighteen, have obtained parental or legal guardian consent to use the Service, evidenced by an email sent to the Company at info@by-storm.com. 

1.2.2. You must have the legal capacity and authority to enter into this agreement.

1.3. Modification of Terms

1.3.1. The Company reserves the right to update or modify these Terms at any time, at its sole discretion, without prior notice. 

1.3.2. Changes will be effective upon posting to the Site or notification via email. Your continued use of the Site or Service after such changes constitutes acceptance of the modified Terms.

1.4. Termination of Service

1.4.1. The Company may terminate or suspend access to the Service, in whole or in part, at its sole discretion, with or without notice, for any reason, including but not limited to violation of these Terms. 

1.4.2. You may terminate your use of the Service by discontinuing access and destroying any materials obtained from the Service.

2. Description of Service

2.1. Overview

2.1.1. The Service is a platform that enables users to submit film projects, screenplays, or other creative works (“Content”) to film festivals, screenplay contests, or other events (“Events”) listed on the Site. 

2.1.2. The Company charges a service fee for each submission processed through the Service. 

2.1.3. Users may earn points, branded as “Clout,” based on the performance of their Content in Events, as determined by the Company’s proprietary system. 

2.1.4. The user who accumulates the highest number of Clout points, as determined by the Company, may be offered a screenplay option agreement, subject to separate terms and conditions.

2.2. Third-Party Events

2.2.1. The Company acts as an intermediary between users and third-party Event organizers. By submitting Content to Events through the Service, you agree to comply with the terms, rules, and policies of the respective Event organizers. 

2.2.2. The Company does not control, endorse, or guarantee the accuracy, reliability, or outcomes of any Event or third-party services linked to the Site. Use of third-party websites or services is at your own risk.

2.3. Clout Points System

2.3.1. Clout points are awarded based on criteria established by the Company, which may include but are not limited to Event performance, rankings, or other metrics. 

2.3.2. The Company reserves the right to modify the Clout points system, including point allocation and eligibility for screenplay options, at its sole discretion. 

2.3.3. Clout points have no monetary value and cannot be redeemed, transferred, or exchanged except as expressly permitted by the Company.

2.4. Screenplay Option

2.4.1. The user with the highest Clout points, as determined by the Company, may be offered a screenplay option agreement, which will be governed by a separate contract. 

2.4.2. The Company does not guarantee that a screenplay option will be offered or that any offered option will result in production or other outcomes.

3. Intellectual Property

3.1. Ownership of Content

3.1.1. All intellectual property rights in Content submitted through the Service remain with the original rights holder(s), unless otherwise agreed in a separate, legally binding agreement. 

3.1.2. By submitting Content, you grant the Company a non-exclusive, royalty-free, worldwide license to transmit, reproduce, display, and distribute the Content solely for the purpose of facilitating submissions to Events as authorized by you. 

3.1.3. Submission of Content does not transfer ownership or grant the Company or any third party the right to produce, adapt, or exhibit your Content without a separate agreement.

3.2. Protection of Service

3.2.1. The Site, including but not limited to text, graphics, software, source code, and other materials comprising the Service, is protected by copyrights, trademarks, service marks, and other proprietary rights under U.S. and international laws. 

3.2.2. You may not reproduce, distribute, modify, or create derivative works from the Service without the Company’s prior written consent. 

3.2.3. The Service is protected as a collective work or compilation under U.S. copyright law. You agree to abide by all applicable copyright notices and restrictions.

3.3. User-Submitted Content

3.3.1. You are solely responsible for all Content you submit, upload, or transmit through the Service.

3.3.2. The Company does not guarantee the accuracy, integrity, or quality of user-submitted Content and is not liable for any errors, omissions, or damages arising from such Content. 

3.3.3. By submitting Content, you represent and warrant that:

• You own or have the necessary rights to submit the Content;

• The Content does not infringe on any third-party intellectual property rights;

• The Content complies with all applicable laws and these Terms.

4. User Conduct

4.1. Prohibited Activities

You agree not to use the Service to: 

4.1.1. Upload, post, or transmit Content that is unlawful, harmful, threatening, abusive, defamatory, invasive of privacy, or otherwise objectionable; 

4.1.2. Impersonate any person or entity or misrepresent your affiliation with any person or entity;

4.1.3. Transmit Content that you do not have the right to transmit under any law or contractual obligation; 

4.1.4. Transmit Content that infringes any patent, trademark, copyright, or other proprietary rights;

4.1.5. Transmit materials containing viruses or other harmful code that could damage or interfere with the Service; 

4.1.6. Disrupt the normal operation of the Service or interfere with other users’ ability to use the Service; 

4.1.7. Collect or store personal data about other users without their consent; 

4.1.8. Engage in spamming, unsolicited marketing, or other prohibited activities.

4.2. User Representation

4.2.1. You agree not to falsify information or misrepresent yourself, your work, or your projects in any way that could mislead other users or third parties. 

4.2.2. You agree not to engage in fraudulent or misleading offers to sell, purchase, or trade Content through the Service. 

4.2.3. You agree not to attempt to collect or use other users’ information without the Company’s written permission.

4.3. Publicly Accessible Content

4.3.1. If you choose to make Content or personal information publicly accessible through the Service, you acknowledge that such information may be viewed by third parties, and the Company is not responsible for monitoring or protecting such information. 

4.3.2. The Company reserves the right to remove, restrict, or delete any Content at its sole discretion.

5. Event Administrators and Partners

5.1. Responsibilities of Event Administrators

5.1.1. Event administrators using the Service to manage submissions must ensure the accuracy of information listed on their Event page. 

5.1.2. Event administrators agree to honor and fulfill all commitments made regarding their Events, including awards, deadlines, and other obligations.

5.2. License to Partners

5.2.1. The Company grants approved Event administrators and partners a non-exclusive, non-transferable license to use the Service solely for collecting, managing, and tracking submissions, subject to these Terms and applicable laws. 

5.2.2. Partners must obtain written permission from the Company to use the Service for any Event or program.

5.3. Confirmation and Communication

5.3.1. Upon receipt of a submission, the Company will generate a confirmation email with a unique confirmation number on behalf of the Event organizer. 

5.3.2. Users consent to receiving transactional and promotional emails from the Company, with the exception that users may opt out of promotional emails by clicking the unsubscribe link or contacting customer support.

6. Fees and Payments

6.1. Service Fees

6.1.1. The Company charges a service fee for each submission processed through the Service, as displayed at the time of submission. 

6.1.2. All fees are non-refundable unless otherwise stated.

6.2. Payment Obligations

6.2.1. You are responsible for all fees and charges incurred through your account, including applicable taxes. 

6.2.2. Certain services may require a prepaid fee, which must be paid in advance. 

6.2.3. Failure to make timely payments may result in suspension or termination of your access to the Service. 

6.2.4. In the event of late payment, the Company may charge:

• Interest on the unpaid balance at a rate of 1.5% per month, or the maximum rate permitted by law; or

• A late fee of $10 per month for any overdue amount.

6.3. Changes to Fees

6.3.1. The Company reserves the right to introduce or modify fees for access to the Service or specific features at any time, with prior notice to registered users.

7. Registration and Account Creation

7.1. Account Requirements

7.1.1. To access certain features of the Service, you must register and create an account with a unique subscriber ID and password. 

7.1.2. You must provide accurate and up-to-date registration information and may not use a subscriber ID that is already in use, belongs to another person, or is deemed offensive by the Company.

7.2. Account Security

7.2.1. You are responsible for maintaining the confidentiality of your account credentials and for all activities conducted through your account. 

7.2.2. You must notify the Company immediately of any unauthorized use or security breach involving your account.

7.3. Account Termination

7.3.1. The Company may terminate your account for fraudulent, abusive, or illegal activity, or for any other reason at its sole discretion. 

7.3.2. You are responsible for all charges incurred until the account is terminated.

8. Disclaimer and Limitation of Liability

8.1. “As Is” Service

8.1.1. The Service is provided “as is” without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

8.1.2. The Company does not warrant that the Service will be error-free, uninterrupted, or compatible with your equipment.

8.2. Limitation of Liability

8.2.1. The Company, its affiliates, directors, officers, employees, or agents shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from your use of the Service, even if advised of the possibility of such damages. 

8.2.2. The Company’s total liability for any claim arising from the Service shall not exceed the amount paid by you for the Service.

8.3. Third-Party Content and Links

8.3.1. The Company is not responsible for the availability, accuracy, or content of third-party websites, services, or advertisements linked to the Service. 

8.3.2. Use of third-party websites or services is at your own risk.

9. Indemnification

9.1. You agree to indemnify and hold harmless By Storm, LLC, its affiliates, directors, officers, employees, agents, and partners from any claim, demand, or damages, including reasonable attorneys’ fees, arising from:

• Content you submit or transmit through the Service;

• Your use of or connection to the Service;

• Your violation of these Terms or any applicable law;

• Your violation of any third-party rights.

9.2. This indemnification includes but is not limited to claims from Event organizers, industry professionals, or other users who access your Content through the Service.

10. Governing Law and Dispute Resolution

10.1. Governing Law

10.1.1. These Terms shall be governed by and construed in accordance with the laws of the State of Georgia and the United States, without regard to conflict-of-law principles. 

10.1.2. Any legal proceedings arising from these Terms or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in Fulton County, Georgia.

10.2. Waiver of Jury Trial

10.2.1. You hereby waive your right to a jury trial in any action arising from these Terms or the Service, whether by claim, counterclaim, or otherwise.

10.3. Dispute Resolution

10.3.1. Any disputes arising from these Terms or the Service must be resolved through good-faith negotiation or, if necessary, binding arbitration in accordance with the rules of the American Arbitration Association. 

10.3.2. Arbitration shall take place in Atlanta, Georgia, and the arbitrator’s decision shall be final and binding.

11. Miscellaneous

11.1. Access Outside the United States

11.1.1. The Company does not represent that the Service is appropriate or available for use outside the United States. If you access the Service from outside the United States, you are responsible for compliance with local laws.

11.2. Force Majeure

11.2.1. The Company shall not be liable for any delays or failures in performance due to circumstances beyond its control, including but not limited to acts of God, war, strikes, or governmental regulations.

11.3. Severability

11.3.1. If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force.

11.4. Entire Agreement

11.4.1. These Terms, the By Storm Privacy Policy, and any additional terms applicable to specific services constitute the entire agreement between you and the Company regarding the Service.

11.5. Assignability

11.5.1. You may not assign these Terms, in whole or in part, without the Company’s prior written consent.

11.6. Headings

11.6.1. Section headings are for convenience only and have no legal or contractual significance.

11.7. Copyright Agent

11.7.1. The Company respects the intellectual property rights of others. If you believe your work has been copied in a way that constitutes copyright infringement, please contact the Company at info@by-storm.com with the following:

• A signature of the copyright owner or authorized agent;

• A description of the copyrighted work;

• A description of the infringing material’s location on the Site;

• Your contact information;

• A statement of good faith belief that the use is unauthorized;

• A statement under penalty of perjury that the information is accurate and you are authorized to act on behalf of the copyright owner.

12. Contact Information

For questions or clarifications regarding these Terms, please contact By Storm, LLC at:

• Email: info@by-storm.com