Terms & Conditions

Last updated: June 12, 2023

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://whimsillusion.com website (the “Service”) operated by Phoenix Moirai LLC (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Membership Terms

While using https://whimsillusion.com, users have one free and two paid membership options.

Anyone may create a free membership to access any and all features and contests available to the general public. Should you wish to use any  features hidden behind a pay wall, you first must upgrade to a paid membership.

When creating a paid membership account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

All members, whether free or paid, shall also be bound by our Rules and Responsibilities. Any breach of the Terms or of our Rules and Responsibilities shall subject your membership to immediate termination.

Payment Terms

By purchasing a monthly subscription on our site, you agree to an initial fee and a recurring monthly fee at the current subscription price. You accept all charges related to the monthly subscription until you cancel your subscription. You may cancel your monthly subscription at any time (see “Cancellation Policy” below for details).

All paid membership accounts shall be auto-renewed each month at the current subscription rate on the day of the month the account was created. You are responsible for canceling your membership when you no longer wish to use the Service. You can view the terms of cancellation below under “Cancellation Policy”. Failure to make payment will constitute a breach of the Terms and result in immediate termination. Payments may be made through PayPal or authorized credit card.

Membership fees may change at any time and without notice. No other fees, except those explicitly stated, shall be incurred.

1. Promotions

Phoenix Moirai LLC reserves the right to administer promotions on membership costs. Any promotion created and administered by Phoenix Moirai LLC on https://whimsillusion.com shall be subject to the terms created for that promotion, which may include free or discounted services for specified amounts of time. Should a promotional offer include a termination date, the terms of the promotion shall revert to these Terms upon termination. Any person wishing to remain a member of the site shall adhere to the Terms after a promotion ends.

Contest Terms

From time to time, https://whimsillusion.com shall conduct contests, giveaways, or promotions. 

Contests may be open to the general public or may only be open for paid members, and may be free to enter or include an entry fee. Any contests that include an entry fee, said fee will be separate from any other monthly subscription fees or costs. On occasion, these entry fees may be waived for paid members.

Specific entry terms and dates will be provided along with each individual contest, giveaway, or promotion. At no time shall any family member, friend, or colleague of any employee of Phoenix Moirai LLC or its affiliates be eligible to enter or win any contest, giveaway, or promotion. We are not responsible for lost or incomplete entries.

Odds of winning a contest are dependent on the amount of entries, and in some cases, the quality of work provided. How winners are determined shall be made clear with each individual contest, giveaway, or promotion.

By entering a contest, giveaway, or promotion, you agree to be bound by these Terms. You also agree to the use of your name and/or likeness in any publicity material. No other identifying information of the winner shall be used or provided to any third-party service.

We reserve the right to end or cancel any contest, giveaway, or promotion at any time and at our sole discretion.

Intellectual Property & Copyrights

The Service and its original content—including but not limited to, logos, designs, images, video, and written content—features, and functionality are and will remain the exclusive property of Phoenix Moirai LLC and its licensors and affiliates.

Users with a Writer Membership: Members with a Writer Membership will be allowed to upload original content, including but not limited to, short stories, novel excerpts, full novels, book covers, and other licensed artwork (“WORK”) directly to the Service. If you choose to upload Work to the Service, you agree to be bound to our Rules and Responsibilities. Any breach of these Rules and Responsibilities shall be subject to deletion of Work or termination of membership. When uploading Work, you will also have the ability to limit who is able to see your Work. 

Work uploaded to https://whimsillusion.com shall remain the property of the writer and all copyrights therein shall remain with the member unless the Work is optioned for publication and sold by Phoenix Moirai LLC through our Service and other third-party platforms.

Phoenix Moirai LLC retains a non-exclusive right to publish the Work on the Service for as long as the Work appears as part of the Service. Writer Members may add any Work that no other publisher or third party service holds an Exclusive right and may remove any piece of Work at any time that has not been optioned or published by Phoenix Moirai LLC and our affiliates.

Submissions and Unsolicited Materials

Phoenix Moirai LLC accepts solicited and unsolicited manuscripts.

Solicited Manuscripts

Phoenix Moirai LLC may at any time reach out to writer members to solicit one or more of their manuscripts for publication. Instructions and contracts will be delivered upon initial communication. 

Unsolicited Manuscripts

When submitting unsolicited manuscripts to Phoenix Moirai LLC, members and non-members must use our online submission form and follow all submission guidelines listed therein. Any unsolicited manuscripts that are emailed outside of the online submission for, mailed through physical means, or fail to follow the submission guidelines shall be deleted or discarded without being read.

Phoenix Moirai LLC is not liable for any unsolicited manuscripts that are stolen, copied, or transmitted by a third party when the Terms and guidelines are not adhered to. 

Rules and Regulations

By using our Service, you understand and agree to be bound by our Rules and Regulations.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Phoenix Moirai LLC.

Phoenix Moirai LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Phoenix Moirai LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Cancelation Policy

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease and any and all Work, comments, and reviews associated with the account will be deleted and destroyed.

Members: If you wish to terminate your account, you may do so at any time by logging into your account, going to your Membership Account page, and clicking on the cancel link. Termination will occur immediately once completed. For paid members, refunds shall be provided if termination occurs within ten (10) days of account activation or renewal. If termination occurs ten (1o) or more days into your current subscription term, no refund shall be provided. If you need assistance in canceling your account, please feel free to contact us at support@whimsillusion.com.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Privacy

By using our Service, you agree that you understand what personal information we collect and how we may use and disclose said information as described in our privacy policy.

Liability Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Phoenix Moirai LLC has no control over, and assumes no responsibility for, the content uploaded by its users. Phoenix Moirai LLC provides its Writer Members comprehensive freedom of creative expression, governed only by our Rules and Responsibilities and the laws of the U.S. You agree to read and view all Work, comments, and reviews at your sole risk.

Though Phoenix Moirai LLC will do what we can to keep users, third-party apps, and others from copying or stealing Work uploaded to the Service, Phoenix Moirai LLC, its affiliates, or assigns shall not be liable for any stolen material or copyright infringement produced from uploading your Work to the Service. You further acknowledge and agree that Phoenix Moirai LLC, its affiliates, or assigns shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with uploaded content or the use of the Service.

Governing Law

These Terms shall be governed and construed in accordance with the laws of United States without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service by canceling your membership (see “Cancellation Policy” above).

Contact Us

If you have any questions about these Terms, please contact us.

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