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Arcshaper

Terms and conditions

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Terms of service

Last updated: March 13, 2017 2:04 pm

Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the www.thearcshaper.com website (the “Service”) operated by ArcShapeR LLC (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to 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 do not have permission to access the Service.

Communications

By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Purchases

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Acceptable Use Policy

All users who choose to accept or make payments, must adhere to PayPal’s acceptable use policy – https://www.paypal.com/en/webapps/mpp/ua/acceptableuse-full

Availability, Errors and Inaccuracies

We are constantly updating product and service offerings for the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be misprinted, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

ArcShapeR LLC has the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through this Service are the property of ArcShapeR LLC or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property
rights (“Infringement”) of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to gte744j@gmail.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.

Digital Millennium Copyright Act Policy

We respect the intellectual property rights of others just as we expect others to respect our rights. Pursuant to Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c), a copyright owner or their agent may submit a takedown notice to us via our DMCA Agent listed below. As an internet service provider, we are entitled to claim immunity from said infringement claims pursuant to the “safe harbor” provisions of the DMCA. To submit a good faith infringement claim to us, you must submit notice to us that sets forth the following information:

 

Notice of Infringement – Claim

 

  1. A physical or electronic signature of the copyright owner (or someone authorized to act on behalf of the owner);
  2. Identification of the copyrighted work claimed to have been infringed;
  3. Identification of the infringing material to be removed, and information reasonably sufficient to permit the service provider to locate the material. [Please submit the URL of the page in question to assist us in identifying the allegedly offending work];
  4. Information reasonably sufficient to permit the service provider to contact the complaining party including your name, physical address, email address, phone number and fax number;
  5. A statement that the complaining party has a good faith belief that the use of the material is unauthorized by the copyright agent; and
  6. A statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.

Title 17 USC §512(f) provides civil damage penalties, including costs and attorney fees, against any person who knowingly and materially misrepresents certain information in a notification of infringement under 17 USC §512(c)(3).

Please note that we may share the identity and information in any copyright infringement claim we receive with the alleged infringer. In submitting a claim, you understand accept and agree that your identity and claim may be communicated to the alleged infringer.

Send all takedown notices to our DMCA Agent listed below. Please send by email for prompt attention.

 

DMCA Agent

Rick Chapo

DMCAAgentService.com

P.O. Box 373

Pine Valley, California 91962

Phone: (800) 804-7260

Email: complaint@dmcaagentservice.com

 

 

Our Business Information

ArcShapeR, LLC
7963 Flanders Drive
San Diego, CA 92126
The Arc ShapeR
TheArcShapeR.com
www.theArcShapeR.com

 

 

Counter Notification – Restoration of Material

 

If you have received a notice of material being takedown because of a copyright infringement claim, you may provide us with a counter notification in an effort to have the material in question restored to the site. Said notification must be given in writing to our DMCA Agent and must contain substantially the following elements pursuant to 17 USC Section 512(g)(3):

  1. Your physical or electronic signature.
  2. A description of the material that has been taken down and the original location of the material before it was taken down.
  3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which the address is located (or if you are outside of the United States, that you consent to jurisdiction of any judicial district in which the service provider may be found), and that the you will accept service of process from the person or company who provided the original infringement notification.
  5. Email your counter notice to our DMCA Agent:

 

Rick Chapo

DMCAAgentService.com

P.O. Box 373

Pine Valley, California 91962

Phone: (800) 804-7260

Email: complaint@dmcaagentservice.com

 

Repeat Infringer Policy

 

We take copyright infringement very seriously. Pursuant to the repeat infringer policy requirements of the Digital Millennium Copyright Act, we maintain a list of DMCA notices from copyright holders and make a good faith effort to identify any repeat infringers. Those that violate our internal repeat infringer policy will have their accounts terminated.

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of ArcShapeR LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of ArcShapeR LLC.

Links To Other Web Sites

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

ArcShapeR LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that ArcShapeR 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 third party 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.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

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.

Indemnification

You agree to defend, indemnify and hold harmless ArcShapeR LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

Limitation Of Liability

In no event shall ArcShapeR LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

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.

ArcShapeR LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; ord) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing law

These Terms shall be governed and construed in accordance with the laws of California, 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 had 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 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 any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Supplemental Terms

In addition to the Terms of Service, the following supplemental terms apply to the Story Arc Service or the Review Service. If there is a difference between a supplemental term and the Terms of Service, than the supplemental terms will govern.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

 

Supplemental Terms for the Story Arc Service

Your access to and use of the Story Arc Service (the “Story Arc Service”) operated by ArcShapeR LLC (“us”, “we”, or “our”), is conditioned upon your acceptance of and compliance with these Terms. These Terms apply users and others who wish to use the Story Arc Service.

By using the Story Arc Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Story Arc Service.

Content

By utilizing our Story Arc Service, you warrant that your Story Arc outline and segments are original and do not infringe the intellectual-property rights of any third party. In addition you grant us the right to review and promote your Story Arc outline, segments and final story. Under no circumstances
shall ArcShapeR LLC be obligated to promote, review, or post Story Arc segments or a Story Arc outline. In addition ArcShapeR LLC is not obligated to post the final story or product in the ArcShapeR online market place. ArcShapeR LLC acknowledges that the author of the story arc outline and segments, is not obligated to finish the storyline and formulate a final product or finished story.

Disclaimer

Your use of the Story Arc Service is at your sole risk. The Story Arc 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 merchant ability, fitness for a particular purpose, non-infringement or course of performance.

ArcShapeR LLC its subsidiaries, affiliates, and its license do not warrant that a) the Story Arc Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Story Arc Service is free of viruses or other harmful components; or d) the results of using the Story Arc Service will meet your requirements.

Limitation Of Liability

In no event shall ArcShapeR LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Story Arc Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Story Arc Service.

Governing Law

These Terms shall be governed and construed in accordance with the laws of California, 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 Story Arc Service, and supersede and replace any prior agreements we might have had between us regarding the Story Arc Service.

 

Supplemental Terms for the Review Service

This Review Service Agreement (this “Agreement”) is made effective as of the date submitted by and between the person named on this form (“Customer” or “you”), and ArcShapeR LLC, of 7963 Flanders Drive, San Diego, California 92126. By agreeing to this agreement and submitting a request for a review (“Review”) of an ebook (the “Book”) by ArcShapeR LLC, Customer hereby irrevocably and unconditionally agrees to the following terms:

  • 1. ArcShapeR LLC will select an ebook to review, from a series of review requests. Due to competitive nature of this process and its associated requirements, many of the review requests will be declined and ArcShapeR may ultimately choose to not accept any of the pending review requests. If ArcShapeR LLC chooses to accept a review request and provide the Review, the Review process will begin after ArcShapeR LLC receives 1 copies of the eBook, and payment. There is no guarantee with regard to timing, however standard reviews are generally completed and returned to Customer within six to eight weeks, while expedited reviews are generally completed and returned to Customer within four to five weeks. The customer may cancel their review request within 72 hours of it being submitted, and request a full refund. After 72 hours, all review requests are final, and no refunds will be granted.
  • 2. Customer may reproduce the Review in its entirety or excerpt a portion of it for marketing or promotional purposes only. Customer may not add words to, or alter the integrity of the Review. In each use of the Review, Customer must include a credit attributing the Review to “ArcShapeR”. The customer
    must also grant ArcShapeR LLC the right to publish the Review in its entirety on www.thearcshaper.com
  • 3. ArcShapeR LLC reserves the right to publish and distribute all reviews published on www.thearcshaper.com without limitation. This includes but is not limited to publication in an email newsletter which is distributed to ArcShapeR newsletter subscribers. ArcShapeR LLC will consider requests not to publish or distribute a review, if it receives the request in writing via email four business days after the review has been completed, however ArcShapeR LLC is not obligated to do so.
  • 4. ArcShapeR LLC will attempt to produce an objective, although not necessarily favorable, Review; however, each Review is subjective. ArcShapeR LLC will not grant second reviews or refunds, due to the content or nature of the Review. ArcShapeR LLC makes no warranties of any kind, express, implied, statutory or otherwise, including without limitation, warranties of title, merchant ability, fitness for a particular purpose, or non-infringement. Customer has no legal recourse, and may not threaten or commence litigation, if it disapproves of or does not agree with the Review. If you commence litigation, you shall be liable for any legal fees incurred by ArcShapeR LLC. ArcShapeR LLC will only consider revisions to the Review, if it contains factual errors and any revisions will be made at ArcShapeR LLC’s discretion.
  • 5. The Review process is anonymous and information identifying who was chosen to write the Review will not be provided to Customer. Customer cannot select a particular reviewer, nor make any inquiries or requests with regard to the reviewer’s gender, age, religion, race or professional background.
  • 6. You represent and warrant that you are authorized to submit the Book for a Review. To the extent authorized by law, you agree to indemnify and hold harmless ArcShapeR LLC, its employees, officers, directors, affiliates, reviewers, and agents from and against any and all claims, losses, expenses,
    damages, and costs, including reasonable attorneys fees, resulting directly or indirectly from the Review and any breach of this Agreement.
  • 7. Customer may not assign this Agreement. This Agreement supersedes all prior agreements and nderstanding between you and ArcShapeR LLC with regard to the subject matter hereof. If any part of this agreement is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions. This Agreement shall be construed and interpreted according to the laws of the State of California in the United States without regard to its conflicts of law provisions and shall be binding upon the parties hereto, their heirs, successors, permitted assigns and representatives. Customer hereby submits to the exclusive personal jurisdiction of the federal and state courts located in San Diego, CA, which shall have exclusive jurisdiction to hear and settle any and all matters involving the parties.

Contact Us

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

Privacy policy

Last updated: March 13, 2017 1:25 pm

ArcShapeR LLC (“us”, “we”, or “our”) operates the www.thearcshaper.com website (the “Service”).

This page informs you of our policies regarding the collection, use and disclosure of Personal Information when you use our Service.

We will not use or share your information with anyone except as described in this Privacy Policy.

We use your Personal Information for providing and improving the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible at www.thearcshaper.com
Information Collection And Use

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to, your email address, name, phone number, postal address, other information (“Personal Information”).

We collect this information for the purpose of providing the Service, identifying and communicating with you, responding to your requests/inquiries, servicing your purchase orders, and improving our services.
Log Data

We may also collect information that your browser sends whenever you visit our Service (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages and other statistics.

In addition, we may use third party services such as Google Analytics that collect, monitor and analyze this type of information in order to increase our Service’s functionality. These third party service providers have their own privacy policies addressing how they use such information.
Cookies

Cookies are files with a small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and transferred to your device. We use cookies to collect information in order to improve our services for you.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. The Help feature on most browsers provide information on how to accept cookies, disable cookies or to notify you when receiving a new cookie.

If you do not accept cookies, you may not be able to use some features of our Service and we recommend that you leave them turned on.
DoubleClick Cookie

Google, as a third party vendor, uses cookies to serve ads on our Service. Google’s use of the DoubleClick cookie enables it and its partners to serve ads to our users based on their visit to our Service or other web sites on the Internet.

You may opt out of the use of the DoubleClick Cookie for interest-based advertising by visiting the Google Ads Settings web page.
Do Not Track Disclosure

We do not support Do Not Track (“DNT”). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.

You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.
Service Providers

We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Service-related services and/or to assist us in analyzing how our Service is used.

These third parties have access to your Personal Information only to perform specific tasks on our behalf and are obligated not to disclose or use your information for any other purpose.
Communications

We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us.
Compliance With Laws

We will disclose your Personal Information where required to do so by law or subpoena or if we believe that such action is necessary to comply with the law and the reasonable requests of law enforcement or to protect the security or integrity of our Service.
Security

The security of your Personal Information is important to us, and we strive to implement and maintain reasonable, commercially acceptable security procedures and practices appropriate to the nature of the information we store, in order to protect it from unauthorized access, destruction, use, modification, or disclosure.

However, please be aware that no method of transmission over the internet, or method of electronic storage is 100% secure and we are unable to guarantee the absolute security of the Personal Information we have collected from you.
International Transfer

Your information, including Personal Information, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

If you are located outside United States and choose to provide information to us, please note that we transfer the information, including Personal Information, to United States and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
Links To Other Sites

Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Children’s Privacy

Only persons age 18 or older have permission to access our Service. Our Service does not address anyone under the age of 13 (“Children”).

We do not knowingly collect personally identifiable information from children under 13. If you are a parent or guardian and you learn that your Children have provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from a children under age 13 without verification of parental consent, we take steps to remove that information from our servers.
Changes To This Privacy Policy

This Privacy Policy is effective as of March 13, 2017 and will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on this page.

We reserve the right to update or change our Privacy Policy at any time and you should check this Privacy Policy periodically. Your continued use of the Service after we post any modifications to the Privacy Policy on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Privacy Policy.

If we make any material changes to this Privacy Policy, we will notify you either through the email address you have provided us, or by placing a prominent notice on our website.
Contact Us

If you have any questions about this Privacy Policy, please contact us.

Contest Rules

Last updated: March 13, 2017 1:38 pm

Contest Rules

 

NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.

 

1. Eligibility

 

The ArcShapeR Flash Fiction Contest (the “Contest”) is open to legal residents of the fifty (50) United States and the District of Columbia who are at least twenty one (21) years old at the time of entry. Employees of ArcShapeR LLC and other companies associated with the promotion of the Contest, and their respective parents, subsidiaries, affiliates and advertising and promotion agencies as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. The Contest is subject to federal, state, and local laws and regulations.

 

2. Sponsor

 

The Contest is sponsored by ArcShapeR LLC, located at 7963 Flanders Drive, San Diego, California 92126.

 

3. Agreement to Official Rules

 

Participation in the Contest constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon being compliant with these Official Rules and fulfilling all other requirements set forth herein.

 

4. Contest Period

 

The Contest begins on 05/31/2017 at 00:01 AM Pacific Standard Time and ends on 07/15/2017 at 00:01 Pacific Standard Time (the “Contest Period”). Entries that are submitted before or after the Contest Period will be disqualified. Submissions will be accepted for the duration of the Contest using any of the following methods:

 

Mail-In

Online

 

5. How to Enter and Contest Requirements

 

In order to enter contestants must submit a flash fiction story.  Contestants may only submit one story.  The flash fiction story must be between 500 to 1000 words.  The story must adhere to the preselected theme for that month and the resulting stories must fit into one of the Science Fiction, Fantasy, Dystopian / Apocalyptic or superhero genres.

 

Methods of Entry

 

Online: This method of entry will be available by visiting our website (www.thearcshaper.com), and by following the directions provided, a contestant will be able to fill out and submit the entry information.

 

 

Via Mail: NO PURCHASE IS NECESSARY TO ENTER OR WIN.  This method of entry will be available for the entire Contest Period. On a 3×5 card, handprint your full name, complete address, phone number (including area code), age and email address (optional).  Include the card with the submission, and mail them in an envelope with proper postage affixed to: 302 Washington St #150-8889, San Diego, California, 92103. Mail-in entries must be hand-printed and mailed in separately. All mail-in entries must be postmarked by 05/31/2017 and received by 07/15/2017.

 

Limit one (1) entry per person, per email address, and per household for the duration of the Contest Period, regardless of method of entry. Entries received from any person, e-mail address, or household in excess of the stated limitation will be void. All entries become the property of Sponsor and will not be acknowledged or returned.

 

All federal, state and local taxes and all other costs associated with prize acceptance are the sole responsibility of the winner.  The Prize is awarded “as is” with no warranty or guarantee, either express or implied, by Sponsor. The prize is not transferable.

 

The Prize is non-transferable, non-refundable, and must be accepted as awarded, without substitutions.  Sponsor has the right to substitute a prize for an item of equal or greater value. Nothing in these Terms & Conditions shall obligate Sponsor to publish or otherwise use any Entry submitted in connection with this Contest. All federal, state, and local laws and regulations apply.

 

6. Prize Drawing

 

On or about 07/20/2017, the Sponsor will select the winner from among all the eligible entries received.  The flash fiction stories will be evaluated based off of their originality, grammer, diction, style of voice, syntax, form and impact.  The odds of being selected depend on the number and quality of the entries received.  The number of entries received may vary dramatically. The Sponsor will attempt to notify the potential winner via telephone, mail or email on or about 07/21/2017. If the potential winner cannot be contacted within five (5) days after the date of the first attempt to contact him/her, the Sponsor may elect to select an alternate potential winner in his/her place from the remaining eligible entries.

 

7. Winner Notification

 

The potential winner will be notified by email, mail or phone. Each potential Prize winner (parent/legal guardian if a minor in his/her state of residence) may be required to complete, electronically sign and submit a Declaration of Compliance within five (5) days of the date the notice or attempted notice is sent, in order to claim his/her prize. If a potential winner cannot be contacted, or fails to submit the Declaration of Compliance within the required time period (if applicable), or the prize is returned as undeliverable, the potential winner may forfeit the prize. If the potential winner is at least 21 but still considered a minor in his/her jurisdiction of residence, the Sponsor reserves the right to award the prize in the name of his/her parent or legal guardian, who will be required to sign the Declaration of Compliance on the potential winners behalf and fulfill any other requirements imposed on the winner set forth herein. Potential winners must continue to comply with all the terms and conditions of these Official Rules, and winning is contingent upon fulfilling all the requirements. In the event that a potential winner is disqualified for any reason, ArcShapeR LLC may choose to award the applicable prize to an alternate winner.  Prizes will be fulfilled within approximately 8-10 weeks after the conclusion of the Contest.

 

8. Prizes

 

The contest winner will be announced, the flash fiction story will be reviewed and it will be eligible for a listing in the ArcShapeR marketplace.  The sponsor may also choose to post an excerpt of the flash fiction story, provide the winner with cover art should the winner not have suitable cover art, and provide the winner with a rudimentary editing service.  The value of the cover art and the editing service is valued at approximately 50 to 75 US Dollars.

 

9. General Conditions

 

In the event that the operation, security, or administration of the Contest is impaired in any way for any reason, including, but not limited to fraud, virus, bug, worm, unauthorized human intervention or other technical problem, or in the event the Contest is unable to run as planned for any other reason, as determined by Sponsor in its sole discretion, the Sponsor may, in its sole discretion, either (a) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules or (b) terminate the Contest and, in the event of termination, award the prize to the candidate with the best flash fiction story, from among the eligible, non-suspect entries received up to the time of the impairment. The Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to damage the website or undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages (including attorney’s fees) and any other remedies from any such person to the fullest extent permitted by law.  By submitting an Entry, you warrant that your essay (1) is original and does not infringe the intellectual-property rights of any third party, (2) has not been previously published it in any medium, and (3) it has not previously won an award.  Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision.

 

10. Release and Limitations of Liability

 

By participating in the Contest, entrants agree to release and hold harmless the Sponsor, and each of their respective parents, subsidiaries, affiliates, advertising and promotion agencies, other companies associated with the Contest, and each of their respective officers, directors, employees, shareholders, representatives, and agents (the Released Parties) from and against any claim or cause of action arising out of participation in the Contest or receipt or use of the prize (including any travel or activity related thereto), including, but not limited to: (a) any technical errors associated with the Contest, including lost, interrupted or unavailable Internet Service Provider (ISP), network, server, wireless service provider, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone, cellular tower or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (b) unauthorized human intervention in the Contest; (c) mechanical, network, electronic, computer, human, printing or typographical errors; (d) lost, late, incomplete, garbled, illegible, undelivered, stolen, damaged, delayed, postage-due or misdirected mail, entries, application downloads, (e) any other errors or problems in connection with the Contest, including, without limitation, errors that may occur in the administration of the Contest, the announcement of the winner, the cancellation or postponement of the event and, if applicable, the incorrect downloading of the application, the processing of entries, application downloads, or any Contest-related materials; or (f) injury, death, losses or damages of any kind, to persons or property which may be caused, directly or indirectly, in whole or in part, from entrants participation in the Contest or acceptance, receipt or misuse of the prize (including any travel or activity related thereto). Entrant further agrees that in any cause of action, the Released Parties liability will be limited to the cost of entering and participating in the Contest, and in no event shall the entrant be entitled to receive attorney’s fees. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.

 

11. Disputes

 

Except where prohibited, each entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in California. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrants rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of California, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than California.

 

12. Privacy

 

Information collected from entrants is subject to sponsor’s privacy policy.

 

13. Winner List

 

To request the name of the winner send a self-addressed, stamped envelope with a written request to 302 Washington St #150-8889, San Diego, California, 92103. Winner List requests will only be accepted after the promotion end date (listed above). You may also send an email requesting the name of the winner, to info@theArcShapeR.com.