Terms of Service

Last Updated: December 22, 2025IMPORTANT NOTICE: THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER IN SECTION 14 THAT AFFECTS YOUR RIGHTS.These Terms of Service ("Terms") are a binding agreement between you and Optioned, LLC ("Optioned," "we," "us"). These Terms govern your access to and use of getoptioned.com and any related websites, applications, and services (collectively, the "Services"). By accessing or using the Services, you agree to these Terms.
If you do not agree to these Terms, do not use the Services.
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1. Eligibility; Authority
1.1 Age/Eligibility. You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Services.
1.2 Entity Use. If you use the Services on behalf of an entity, you represent that you have authority to bind that entity, and "you" includes that entity.
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2. What Optioned Is (and Is Not)
2.1 Marketplace Facilitator. Optioned provides a curated online marketplace that enables (a) creators ("Creators") to upload and list written creative materials (each, a "Submission") and (b) buyers ("Buyers") to browse, access, and (where applicable) enter into licensing or option transactions directly with Creators.
2.2 Not a Rights Clearinghouse. Optioned does not (a) verify originality, ownership, or chain of title of any Submission; (b) guarantee that any Submission is non-infringing or "clear" for use; (c) protect ideas or police copying; (d) act as a rights enforcer, agent, manager, talent agency, or representative for any user; or (e) participate in negotiations beyond providing workflow and standardized forms.
2.3 Not Legal Advice. Any templates, standardized forms, or workflow tools are provided for convenience and are not legal advice. You are responsible for obtaining your own legal and business advice.
2.4 Curation; No Endorsement. Optioned may feature, rank, curate, or highlight certain Submissions or users for marketplace quality control or user convenience. Any such featuring or ranking is not an endorsement, verification, or warranty of originality, ownership, non-infringement, or suitability, and does not create any duty by Optioned to screen or police content.
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3. Core IP Principles; Idea-Expression Distinction; No Confidentiality
3.1 Expression vs. Ideas. Copyright law generally protects original expression fixed in a tangible medium, not abstract ideas, concepts, themes, premises, plots in the abstract, or other unprotectable elements. You acknowledge and agree that the Services facilitate licensing of written creative expression, not protection of ideas.
3.2 No Confidential Relationship. Unless you and another user sign a separate written confidentiality agreement, no confidential, fiduciary, or implied-in-fact relationship is created by access to, viewing of, or communications about a Submission through the Services.
3.3 Independent Creation Acknowledgment. You acknowledge that multiple users may submit or develop materials that are similar in theme, concept, plot elements, characters, or other unprotectable elements, and that Buyers (and Optioned) may already be developing or may later develop works that are similar to a Submission.
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4. Accounts; Security
4.1 Registration. You may need an account to use certain features. You agree to provide accurate information and keep it current.
4.2 Security. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.
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5. User Content; Submissions; License to Optioned
5.1 User Content. "User Content" means content uploaded, posted, or otherwise made available by users through the Services, including Submissions.
5.2 Creator Ownership. Creators retain all ownership in their Submissions, subject to the limited licenses granted under these Terms and any separate transaction agreements between Buyers and Creators.
5.3 License to Optioned (Hosting/Display/Promotion). By uploading or listing User Content, you grant Optioned a non-exclusive, worldwide, royalty-free, sublicensable (solely to service providers), and transferable license to host, store, reproduce, display, perform, and transmit that User Content only as reasonably necessary to operate, improve, secure, and promote the Services, and to make the Submission available to other users consistent with the uploader's settings and transaction choices.
5.4 No Monitoring Obligation. Optioned does not control and is not responsible for User Content. Optioned may remove or restrict access to User Content at any time in its discretion (including for alleged infringement, policy violations, or risk management).
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6. Buyer Access; Permitted Use; No Implied Rights
6.1 No Rights by Browsing. Except as expressly granted in a separate written agreement (such as a Non-Exclusive Evaluation License Agreement or an Exclusive Option Agreement), Buyers obtain no ownership and no license to use any Submission beyond viewing or access for evaluation within the Services.
6.2 Restrictions. You agree not to (a) copy, distribute, publish, publicly display, sell, or otherwise exploit any Submission except as expressly permitted under an applicable agreement; (b) remove watermarks or technical measures (if any); or (c) use Submissions to train machine learning models or datasets except where a separate written license expressly permits it.
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7. Independent Creation; Similar Materials; No Claims Based Solely on Similarity
7.1 Similar Materials. You acknowledge that similar or identical ideas, themes, plots, characters, or other elements may be independently created, and that multiple works may share unprotectable elements (including scènes a faire, stock elements, and genre conventions).
7.2 No Claims Based Solely on Similarity. To the maximum extent permitted by law, you agree not to assert claims against Optioned based solely on alleged similarity between a Submission and any other work, absent proof of actionable copying of protectable expression as determined under applicable law.
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8. Transactions Between Users; Platform Fees
8.1 User-to-User Agreements. Any license, option, or other transaction relating to a Submission is between the applicable Creator and Buyer under a separate agreement (each, a "Transaction Agreement"). Optioned is not a party to any Transaction Agreement unless expressly stated.
8.2 Fees; Payments. Optioned charges a platform fee equal to 15% of amounts paid by Buyers in connection with a Transaction facilitated through the Services (excluding any taxes and third-party payment processing fees), unless Optioned discloses a different fee for a specific transaction flow. Optioned may use third-party payment processors. Platform Fees and payout timing will be disclosed at checkout or in creator settings. You authorize Optioned to collect amounts owed and to deduct Platform Fees (and processor fees, if applicable) before remitting payouts.
8.3 Taxes. Users are responsible for any taxes arising from their activities and transactions, except where Optioned is required by law to collect or withhold.
8.4 Anti-Circumvention. If Optioned introduces a Creator and Buyer through the Services, you agree not to bypass the Services to avoid Platform Fees for transactions substantially related to that Submission for 12 months after the first introduction, unless Optioned agrees otherwise in writing.
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9. Copyright / DMCA Policy
9.1 Designated Agent; Notices. If you believe content on the Services infringes your copyright, you may submit a notice that complies with the Digital Millennium Copyright Act ("DMCA") to Optioned's designated agent at:
• DMCA Agent: Anthony Foster
• Email: [email protected]
• Address: 427 W Irving Ave, Oshkosh, WI 54901
9.2 Repeat Infringer Policy. Optioned maintains a policy to terminate, in appropriate circumstances and in Optioned's discretion, accounts of users who are repeat infringers. Optioned may also limit access, remove content, or impose other restrictions for suspected infringement or repeat infringer enforcement, consistent with applicable law.
9.3 Counter-Notification. If your content was removed due to a DMCA notice and you believe it was removed by mistake or misidentification, you may submit a counter-notification consistent with the DMCA. If Optioned receives a valid counter-notification, Optioned may restore the content unless the complaining party files an action seeking a court order within the time period provided by law.
9.4 No Duty to Monitor. Optioned is not required to proactively monitor User Content for infringement. Optioned may, however, remove or restrict content at any time in its discretion.
9.5 Standard Technical Measures. Optioned will accommodate and not interfere with standard technical measures recognized under applicable law, where implemented in a commercially reasonable manner.
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10. Acceptable Use
You agree not to (a) violate any law or third-party rights; (b) upload content you do not have the right to share; (c) harass, threaten, or defraud others; (d) scrape or harvest content or user data except as expressly permitted; (e) interfere with the Services' security or operation; or (f) attempt to gain unauthorized access to any systems or accounts.
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11. Disclaimers
11.1 AS IS. THE SERVICES AND ALL USER CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." OPTIONED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.
11.2 No Guarantee of Results. Optioned does not guarantee that any Submission will be licensed, optioned, sold, or otherwise commercialized.
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12. Limitation of Liability
12.1 Indirect Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPTIONED WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION.
12.2 Liability Cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPTIONED'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) $500 OR (B) THE PLATFORM FEES PAID BY YOU TO OPTIONED IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.
12.3 Basis of Bargain. These limitations are a fundamental basis of the bargain between you and Optioned.
12.4 Carve-Out. Nothing in these Terms limits liability to the extent it cannot be limited under applicable law (for example, liability for fraud, willful misconduct, or gross negligence, where such limitation is prohibited).
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13. Indemnification
You agree to indemnify and hold harmless Optioned and its owners, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your use of the Services; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any law or third-party rights.
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14. Dispute Resolution; Arbitration; Class Action Waiver
This Section 14 is the Arbitration Agreement and Class Action Waiver. It applies to the maximum extent permitted by law. Please read carefully.
For clarity, this Section 14 governs disputes between you and Optioned arising out of or relating to the Services or these Terms. Disputes solely between users (for example, Creator-Buyer licensing or option disputes) are governed by the applicable Transaction Agreement between those users, except that claims against Optioned remain subject to this Section 14.
14.1 Informal Resolution First. Before initiating arbitration, you agree to send a notice of dispute to Optioned at [email protected] with (i) your name, (ii) your account email, (iii) a description of the dispute, and (iv) the relief requested. The parties will attempt in good faith to resolve the dispute within 30 days.
14.2 Agreement to Arbitrate. Except as expressly excluded below, any dispute, claim, or controversy arising out of or relating to these Terms or the Services (including their formation, breach, termination, enforcement, or validity) will be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its rules then in effect (the "AAA Rules"), except as modified here.
14.3 Excluded Matters; Small Claims; Injunctive Relief.
• Small Claims. Either party may bring an individual action in small claims court if it qualifies.
• Injunctive Relief. Either party may seek temporary injunctive relief in court to prevent irreparable harm (for example, unauthorized access, misuse of Submissions, or security breaches), without waiving arbitration.
• Sexual Assault/Harassment. Where prohibited by applicable law, claims of sexual assault or sexual harassment are not subject to mandatory arbitration at the claimant's election.
14.4 Arbitration Location and Format. Arbitration will be conducted in your county of residence (if you are an individual), unless you and Optioned agree otherwise, or by video/teleconference where permitted by the AAA Rules.
14.5 Fees. AAA fees and arbitrator compensation will be governed by the AAA Rules, subject to any mandatory consumer protections and applicable law. If you are an individual, Optioned will pay your AAA filing fee and arbitrator fees to the extent required by the AAA's consumer rules or applicable law.
14.6 Individual Proceedings Only; No Class Actions. YOU AND OPTIONED AGREE THAT DISPUTES MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY ONLY. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR AWARD RELIEF ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL BASIS.
14.7 Severability. If the class action waiver is found unenforceable as to a particular claim, then that claim will proceed in court, but the remainder of this Section 14 will remain in effect.
14.8 Opt-Out. You may opt out of this arbitration agreement by sending written notice to [email protected] within 30 days of first accepting these Terms, stating you wish to opt out and providing your name and account email. Opting out will not affect other provisions of these Terms.
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15. Governing Law; Venue
These Terms are governed by the laws of the State of Wisconsin, without regard to conflict of laws principles, except that the Federal Arbitration Act governs Section 14 to the maximum extent applicable.
To the extent any dispute is not subject to arbitration, the parties consent to the exclusive jurisdiction and venue of state and federal courts located in Wisconsin. Nothing in these Terms limits any rights you may have under non-waivable consumer protection laws of your state of residence.
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16. Changes; Termination; Miscellaneous
16.1 Changes to Terms. Optioned may update these Terms from time to time. For material changes, Optioned will provide reasonable advance notice (for example, by email to the account address, in-product notice, or other reasonable means) and may require you to affirmatively re-accept the updated Terms before continued use of the Services. The "Last Updated" date indicates when changes were made.
16.2 Termination. Optioned may suspend or terminate access at any time for any reason, subject to applicable law. You may stop using the Services at any time.
16.3 Assignment. You may not assign these Terms without Optioned's prior written consent. Optioned may assign these Terms.
16.4 Entire Agreement. These Terms, plus any incorporated policies and any Transaction Agreements you enter into, constitute the entire agreement regarding the Services.
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17. Contact
Optioned, LLC
427 W Irving Ave, Oshkosh, WI 54901
Email: [email protected]