Terms and Conditions

1. Agreement between user and Sixfold.org

Welcome to Sixfold.org, which is a publishing website. It publishes issues of short stories and poetry in print and in e-book formats using a three-round democratic voting process to select and publish short story and poetry manuscripts uploaded by writers.

This Agreement (the "Agreement") is between you and Sixfold. The Sixfold.org website (the "Site") is comprised of various web pages operated by Sixfold and is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of Sixfold.org constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

2. Privacy

Your use of Sixfold.org is subject to Sixfold's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

3. Electronic Communications

Visiting Sixfold.org or sending emails to Sixfold constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via e-mail and on the Site, satisfy any legal requirement that such communications be in writing.

4. Your account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You may not impersonate, pretend to be somebody else, or create a false identity when you establish or edit your account's user profile. You acknowledge that Sixfold is not responsible for third-party access to your account that results from theft or misappropriation of your account. Sixfold and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Sixfold does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. You represent and warrant to Sixfold that you are at least eighteen (18) years old and that you possess the legal right and ability to enter into this Agreement and to use the Site in accordance with this Agreement. If you are under 18, you may use the Site only with the involvement of a parent or guardian.

5. Services for Payment

You agree to pay an entry fee in exchange for the services described on the “How It Works” page, and agree that you understand the services as described.

Terms of Payment

Payment may only be made through Sixfold's third-party payment processor, PayPal.

Cancellation/Refund Policy

As described on the “How It Works” page, your entry fee for a given issue's voting process can be refunded only before the three voting rounds begin. If you do not vote by any of the three rounds’ voting deadlines, then your own manuscript is withdrawn from voting, receiving voting rank scores, and advancing into subsequent rounds. The entry fee can not be refunded if you do not vote by any of the three rounds’ voting deadlines.

Tax

Entry-fee purchasers residing outside of the state of Connecticut are responsible for any local, state, and/or federal sales and/or use tax required to be collected or paid on entry-fee purchases

6. Links to third party sites/Third party services

Sixfold.org may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Sixfold and Sixfold is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Sixfold is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Sixfold of the site or any association with its operators.

Certain services made available via Sixfold.org are delivered by third party sites and organizations. By using any product, service, or functionality originating from the Sixfold.org domain, you hereby acknowledge and consent that Sixfold may share such information and data with any third party with whom Sixfold has a contractual relationship to provide the requested product, service, or functionality on behalf of Sixfold.org users and customers. You will also be able to connect your Sixfold account to third party accounts. By connecting your Sixfold account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use the third party sites.

7. No unlawful or prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use Sixfold.org strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Sixfold that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software and programming used on the Site, is the property of Sixfold or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale of, create derivative works of, or in any way exploit any of the content, in whole or in part, found on the Site. Sixfold content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Sixfold and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Sixfold or our licensors except as expressly authorized by these Terms.

8. Use of communication services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: impersonate, pretend to be somebody else, or create a false identity when you establish or edit your account's user profile, or when you communicate with others; defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity, and of author copyright) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

Sixfold has no obligation to monitor the Communication Services. However, Sixfold reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Sixfold reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Sixfold reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Sixfold's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Sixfold does not control or endorse the content, messages, or information found in any Communication Service and, therefore, Sixfold specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

You acknowledge that any reliance upon any advice, opinion, statement, or other information displayed or distributed through the Site and/or through the Communication Service is at your sole risk. You acknowledge and agree that Sixfold.org is not responsible for any materials posted by users of the Site.

Sixfold uses an industry-standard virus scan on all entrants’ PDF files before they are distributed for voting, but will not assume liability or responsibility for damage to your computer or device by any file or virus downloaded from the site. Sixfold recommends an industry-standard virus scan for your computer or device

9. Materials provided to Sixfold.org or posted on any Sixfold web page

Sixfold does not claim ownership of the materials you provide to Sixfold.org (including feedback and suggestions) or post, upload, input or submit to the Sixfold Site (collectively "Materials"). However, by posting, uploading, inputting, providing or submitting your Materials you are granting Sixfold permission to use your Materials in connection with the operation of its Internet business for the purposes of Sixfold's voting process including, without limitation, the rights to: copy, distribute, transmit, publicly display, reproduce, translate, and reformat your Materials.

No compensation will be paid with respect to the use of your Materials, as provided herein. Sixfold is under no obligation to post or use any Materials you may provide and may remove any Materials at any time in Sixfold's sole discretion.

Specifically regarding your PDF manuscript upload, Sixfold claims no copyright nor publishing right to a manuscript submitted for voting. If the manuscript is voted into publication in an issue of Sixfold, the author may accept or refuse publication.

By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Materials as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Materials.

10. International Users

The Site is controlled, operated and administered by Sixfold from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Sixfold Content accessed through Sixfold.org in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

11. Indemnification

You agree to indemnify, defend and hold harmless Sixfold, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Sixfold reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Sixfold in asserting any available defenses.

12. Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SIXFOLD AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

SIXFOLD AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. SIXFOLD AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SIXFOLD AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SIXFOLD OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Notwithstanding the above and regardless whether any remedy fails of its essential purpose or otherwise, if we are found liable for any loss or damage arising out of or relating to the use of the Site or any Content, Sixfold's liability shall in no event exceed the fee or charge you have paid to us in the last three (3) months, and for such purposes all your claims shall be aggregated and damages determined only once.

13. Termination/access restriction

Sixfold reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Connecticut and you hereby consent to the exclusive jurisdiction and venue of courts in Connecticut in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Sixfold as a result of this agreement or use of the Site. Sixfold's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Sixfold's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Sixfold with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Sixfold with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Sixfold with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

14. Changes to Terms

Sixfold reserves the right, in its sole discretion, to change the Terms under which Sixfold.org is offered. The most current version of the Terms will supersede all previous versions. Sixfold encourages you to periodically review the Terms to stay informed of our updates.

These Terms are effective as of November 01. 2012.

15. Contact Us

Sixfold welcomes your questions or comments regarding the Terms:

sixfold@sixfold.org
(203) 491-0242