Terms

Updated November 26, 2009

Terms of Service (”Terms”)

Fictionista Workshop provides online resources that allow users to interact with others in a workshop/community environment, which may include uploading data images and text, commenting, rating, edit or transmitting postings, or reviews of proprietary content and/or copyrighted material, etc. Thereby, all members are subject to the following Terms of Use (”Terms”), which may be updated by Fictionista Workshop from time to time. In addition, when using Fictionista Workshop, you agree to abide by any guidelines for all Fictionista Workshops, which may also change from time to time. Fictionista Workshop will provide notice of significant changes to the Terms by posting notice on the Fictionista Workshop site. By using this site, you are agreeing to comply with these Terms.

User Responsibility and Content

As a user of Fictionista Workshop, you understand that all postings, messages, text, files, images, photos, video, sounds, or other materials (”Content”) posted on, transmitted through, or linked from the site, are the sole responsibility of the person from whom such content originated. More specifically, you are entirely responsible for all content that you post, email, or otherwise make available through the Workshop, either via posts, comments, or the forum. You understand that Fictionista Workshop does not control, nor is held liable for content or materials made available by individual members, and that by using the Workshop, you may be exposed to content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.

Furthermore, the Fictionista Workshop site and associated content as posted by others may contain links to other websites, which are completely outside of the control of Fictionista Workshop. Fictionista Workshop makes no representation or warranty as to the accuracy or authenticity of the information contained in any such site, nor can we be held responsible for content. Furthermore, under no circumstances will Fictionista Workshop be liable in any way for any content or for any loss or damage of any kind incurred as a result of the use of any content posted, viewed, emailed, or otherwise made available via links, content, text, images, or otherwise posted on the Fictionsita Workshop site. Certain forums or Workshop environments on the site contain adult materials, which may include images, text, discussions, or videos. All users entering the Workshop do so as adults of legal age to view such content.

Fictionista Workshop will make every effort to monitor its discussion boards, fiction archive, and outbound links; however, given that this site is for adults and that by your membership you are entering as an adult, Fictionista Workshop will not engage in censorship unless the offensive material is prohibited by law. If you encounter material that is illegal on the site, please contact us. Given the nature of our workshop environment, Fictionista Workshop does not allow transfer of private materials either inside of the workshop environment, or in the forums, threads, or postings.

Conduct

You agree not to post any abusive, obscene, vulgar, slanderous, hateful, threatening, or any other such material that may violate any applicable laws. This includes but is not limited to stories/posts containing objectionable material such as sexual abuse, threats to members/staff, hate material, and racism. You also agree not to “spam” any area of the site or its users. Doing so may lead to you being immediately and permanently banned from the website and any account held by you will be removed. In special cases, your internet service provider may also be notified.

If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Fictionista Workshop is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Fictionista Workshop, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.

Right to Remove

Although Fictionista Workshop encourages creativity and discussion, we reserve the right to remove, or limit access to, threads or other materials that we believe are inappropriate for this website at any time, based on these terms and conditions. You acknowledge that all posts made to this site express the views and opinions of the writer and not the administrators, moderators, or webmaster, and therefore they will not be held liable.

Fictionista Workshop is the sole judge in what is acceptable and not acceptable on our service, according to the warnings and information listed above.

Copyright and Ownership

Although Fictionista Workshop assists in the recreational creation and crafting of derivative fiction by writers who have given said permission, explicit reproduction of copyright material is illegal and forbidden. Any material found to be wholly copied from another source or author will be deleted and the writer will be removed from the Workshop. Creative original stories submitted to the Fictionista Workshop or collection series geared toward wholly creative fiction must not be reproductions of another another’s work. Writers guarantee that works are original at the time of submission.

All stories published on this site are copyright of their respective authors, and may not be reproduced in any form (including electronic) without permission. All suggestions, comments, and ideas submitted by reviewers become the sole property of the person whose work is reviewed and may be used by said person to revise, edit, and improve reviewed work or other works in any way they deem appropriate.

Although Fictionista Workshop does not claim ownership of content that its users post, by posting content you automatically represent that you have the right to grant to Fictionista Workshop non-exclusive permission to use and display said Content. The materials and content displayed on this website, including but not limited to text, software, graphics, video, music, sound, names, logos, trademarks, and service marks are the property of Fictionista Workshop and are protected by copyright, trademark, patent, or other intellectual property laws. Members agree not to upload, post, or transmit any material for which they do not hold legal copyright.

You agree not to reproduce, duplicate, or copy content from Fictionista Workshop, including our logo, our images, text, or graphics, even if permission to post, use, link, or distribute has been granted. You agree not to reproduce, duplicate, sell, or exploit any aspect of the site.

Notification of Infringement Claims

If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been infringed upon, please notify Fictionista Workshop via email immediately and provide the following information:

  • Identify the material on Fictionista Workshop that you claim is infringing.
  • A statement by you that you have belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner.
  • Your address, telephone number, email address, and your physical or electronic signature.

Fictionista Workshop will delete the infringing content as required by the Digital Millennium Copyright Act (DMCA).

Terms and Conditions of Manuscript Submissions for Workshop and Publication

In submitting a manuscript for either the Workshop environment or Publication Process, authors agree to the following terms and conditions:

  • Writer(s) warrant(s) the manuscript has not been and is not being published elsewhere and that the writer(s) is/are the sole owner(s) of the material in the manuscript.
  • The online application must be completed in full and the manuscript criteria met in order to be considered. All fields are mandatory unless specifically noted otherwise. Make sure all information is accurate and complete. Incorrect information could delay review of or disqualify your submission.
  • All manuscripts undergo a blind selection process. Upon selection, all eligible submissions are approved by Fictionista Workshop Administrators. Administrators do not know the identity of the writers, and selections are chosen solely by merit. Submission of an article does not guarantee acceptance.
  • Outcomes of submissions: Administrators can choose to (a) accept a manuscript for Workshop or publication, (b) accept a manuscript with requested revisions prior to acceptance to Workshop or for publication, (c) reject the manuscript but suggest revisions and invite the writer to resubmit for Workshop consideration or publication, or (d) reject a manuscript entirely. If a writer is asked to resubmit the article with revisions, the article may undergo further review. If manuscripts are rejected, submissions cannot be returned given that the submission process is entirely online; however, Fictionista Workshop will protect your content as required by these Terms, our Privacy Policy, and as required by law.
  • Acceptance of a manuscript for Workshop or publication does not guarantee a specific issue in which it will be opened. Manuscripts accepted for publication go into a queue based on the original submission date and the publication for the series.
  • Accepted manuscripts undergo editing after review and before publication. Writers will have the opportunity to review edited drafts.
  • If a manuscript is accepted for publication, the writer or writers must be able to respond to all queries the managing editor may have while editing for publication, including but not limited to providing full reference citation information when missing, clarifying confusing language, providing full writer biographical information, and so on.
  • Manuscripts or selections of creative original fiction chosen for publication will be acquired once, for the sole purpose of appearing in an Ambrosia  Series collection or Menagerie Series Collections, under management by Fictionista Workshop. At the time of selection and prior to printing and distributing, author must provide permission for Ambrosia Series or Menagerie Series to print and distribute the story (First North American Serial Rights). The rights to sell the work to another collection, and the rights to publish the work in an electronic medium remain with the author.
  • Fictionista Workshop, LLC has the right of final editorial approval of the manuscript.

Writer Responsibility

Wrtier(s) warrant(s) he/she/they has/have written permission to use any material in the text, including names, dates, locations, stories, adaptations of published works, tables, charts, drawings, large quotations, etc., owned or copyrighted by another party.

Please DO NOT send in hard copies of your manuscript unless specifically requested to do so by the editors. You will be able to email your manuscript electronically during the submission process.

Privacy and Information Disclosure

Fictionista Workshop has established a Privacy Policy to explain to users how their information is collected and used. Any information given to us (email address, name, and so on) will not be given to anyone outside the staff of this site and will be used for contact purposes only. While this information will not be disclosed to any third party without your consent, the webmaster, administrator, and moderators of this website cannot be held responsible for any hacking attempt that may lead to the data being compromised or corrupted.

Indemnity

You agree to indemnify and hold Fictionista Workshop, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers, and employees, harmless from any claim or demand, including reasonable attorney fees and court costs. Your use of the Fictionista Workshop website or the Service signifies acknowledgement of and agreement to our Privacy Policy. If you have any questions regarding these Terms of Service, please direct them to our staff via email.

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