Whimsillusion Terms of Service

Thank you for your membership with the Whimsillusion Project, a subsidiary of Phoenix Moirai, located at 25185 Madison Ave. #A, Murrieta, CA 92562, United States.

As a member of this site, you agree to follow the terms of use.

Intellectual Property Rights and Copyrights

Intellectual property rights and copyrights of any material uploaded to this site for critique and review will remain with the author of said intellectual property, up and until the work provided is chosen to be published in a Whimsillsuion Project publication. At that time, the work in question will be removed from the site and be subject to additional copyright requirements based within the contract that the author will be required to sign by the author prior to publication.

At no time shall anyone download, transmit, copy, sell or otherwise manipulate any written material provided on this site, including any intellectual property that has been uploaded for review and critique. If, at any time, you suspect that work uploaded to the site has been infringed upon by a Whimsillusion Project member or third party, contact the Whimsillusion Project immediately.

Written Works

Writers are responsible for proper editing of all written work uploaded to the site.

All members wishing to contribute written material must sign a waiver and read and critique other writer’s contributions.

All written work uploaded to the Whimsillsuion Project site must be original to the author. Work may not include any references to real or actual products, businesses, people or copyrighted material unless a notation is made within the work that the author has the rights to used said copyrighted material within the written work. Any reference to songs, films or other media must be in title or general reference only; dialogue, lyrics and or specific scenes from any work of art, whether written, filmed or recorded, will not be accepted. (References to, or the inclusion of, historical figures, events or places, as well as anything in the public domain are acceptable.)

Any written work uploaded to the site that is found to have any copyrighted text, media or references shall immediately be removed from the site and the member who uploaded the written work will be subject to removal from the site.

If at any time you would like to remove your work from the site, contact the Whimsillsuion Project Director with your request. Any request for removal of written work will be processed within forty-eight hours.

Review and Critique

The Whimsillsuion Project expects all members to provide honest and constructive criticism when reviewing and critiquing written work uploaded to the site. We do not expect all reviews and critiques to be positive, but at no time shall a member use derogatory, hateful or racist speech, remarks or attacks when reviewing or critiquing someone’s written work. All members of the Whimsillsuion Project, regardless of whether a writer or reader, will conduct themselves with a kind, respectful, courteous, and above all else, constructive, manner and speech when reviewing or critiquing written work uploaded to the site.

Reporting Members or Work

If you feel a member has violated these terms of service, please report the member to the Director with a clear and concise explanation. The Whimsillusion Project will do our best to investigate the situation and then act accordingly. Reporting a member for violation of the terms and service does not guarantee that member will be removed from the site.

If you feel a written work violates these terms, please report the written work to the Director of the Whimsillusion Project with a clear and concise explanation and specific examples. We will investigate the work in question and act accordingly. Reporting a written work does not guarantee that the work will be removed from the site.

Cancellation

Any member, whether reader or writer, may cancel their membership at any time.

Canceling your membership to the Whimsillusion Project does not constitute the removal of any written works that have been uploaded to the site. Written material may still remain present on the site after the cancellation of membership unless a separate request for removal is made.

Cancellation of your membership also does not constitute the removal of written works that have already been published as part of a Whimsillusion Project publication. These written works will continue to reflect the terms outlined in any publication contract signed for that specific publication.

Any purchases made to become a member, or participate as a member, of the Whimsillsuion Project are final. No refunds will be granted to any member upon cancellation of membership.

Liability

Though the Whimsillsuion Project will do what it can to protect the work of writers uploaded to the site, we cannot guarantee the intellectual property theft of any plots, characters, themes, whole works or ideas that are uploaded to the Whimsillsuion Project site.

TO THE EXTENT PERMITTED BY LAW, THE WHIMSILLUSION PROJECT AND PHOENIX MOIRAI, THEIR AGENTS, EMPLOYEES, STAFF, OR ASSIGNS WILL NOT BE RESPONSIBLE OR BE HELD LIABLE FOR INTELLECTUAL PROPERTY OR COPYRIGHT INFRINGEMENT BY A WHIMSILLUSION PROJECT MEMBER OR THIRD PARTY OF ANY PLOTS, CHARACTERS, THEMES, WHOLE TEXT OR IDEAS UPLOADED TO THE WHIMSILLUSION PROJECT WEBSITE, NOR ARE WE LIABLE FOR ANY LOST PROFITS, REVENUES, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES THEROF.

Changes and Updates

The Whimsillusion Project has the right to change, modify, alter or update these terms at any time. Members should review these terms reguarly for any updates. Changes will become effective no sooner than fourteen days after being posted.

Litigation and Dispute Resolution

Any litigation, whether filed by the Client or the Designer, that should arise between the parties of this Agreement shall be held in accordance with the laws of the state of California, and be held in a court of competent jurisdiction in the county of Riverside. Any disputes in excess of the maximum limit for small-claims court arising out of this Agreement shall be submitted to binding arbitration before a mutually agreed-upon arbitrator pursuant to the rules of the American Arbitration Association. The Arbitrator’s award shall be final, and judgment may be entered in any court having jurisdiction thereof. The Client shall pay all arbitration and court cost, reasonable attorney’s fees, and legal interest on any award of judgment in favor of the Designer.

About These Terms

These terms constitute the relationship between the Whimsillusion Project and its members. They do not create beneficiary rights with any third party.

In the case that any provision of these terms shall be invalid, illegal, or unenforceable, such provision shall be severable without affecting any other valid, legal and enforceable provisions herein.