Terms of Service
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Version: 2021.10.01
Updated: October 1, 2021
Initial publication date: October 1, 2021

The Unknown Depths Collaboration and Unknown Depths, S Corp (“Unknown Depths” and “Manifestation Card Creation Source” [Manifestation CCS]) (collectively, “we,” “us,” and “our”) appreciates your interest in our Manifestation Card Creation Source Website, Service, Products, and/or Creations. The Manifestation CCS “Service” includes the Manifestation Card Creation Source website and associated content, services, products, and creations.

These Terms of Service (which are the “Terms”) are effective immediately for visitors, users, and account holders (Print Business users, Play-Testing Event Venue users, and Game Designer users) using or accessing the Service with or without an Account.

These Terms govern your use of and access to our services, products, and creations - not limited to those offered through our websites, events, communications (e.g., mail, emails, phone calls, and texts) and mobile applications (collectively, the “Service”). By using or accessing the Service, you are agreeing to these Terms, which (i) form a legally binding contract with Unknown Depths, S Corp, a California Small Business Corporation with its headquarters in Seattle, Washington, and (ii) form alternative methods of problem solving, conflict management, negotiations, and/or dispute resolutions with the Unknown Depths Collaboration, a collaboration/collective of thinkers, problem solvers, idea generators, and philosophers practicing and producing art forms and creations of all types, located across Earth and several other points in/of change and displacement. Do not access or use the Service if you are unwilling or unable to be bound by the Terms.

1. DEFINITIONS
    1. Parties. “You” and “your” refer to you, as a user of the Service. A “user” is someone who accesses or in any way uses the Service (e.g., visitors, users, and account holders [Print Business users, Play-Testing Event Venue users, and Game Designer users]). “We,” “us,” and “our” refer to the Unknown Depths Collaboration and Unknown Depths, S Corp (“Unknown Depths” and “Manifestation Card Creation Source” [Manifestation CCS]).

    2. Content. “Content” means text, images, photos, audio, video, and all other forms of data or communication. “Your Content” means Content that you submit or transmit to, through, or in connection with the Service, such as messages, comments, photos, videos, follower and following activity, and information that you contribute to your user profile. “User Content” means Content that users submit or transmit to, through, or in connection with the Service. “Manifestation CCS Content” means Content that we create and make available in connection with the Service. “Third Party Content” means Content that originates from parties other than Manifestation CCS or its users, which is made available in connection with the Service. “Service Content” means all of the Content that is made available in connection with the Service, including Your Content, User Content, Manifestation CCS Content, and Third Party Content.

    3. Sites and Accounts. The “Website” means Manifestation CCS’ website (www.manifestationccs.com and related domains) and mobile applications. “Print Business Account” means the account you create to access or use the Website and the Website’s Print Business back-end. “Play-Testing Spot Account” means the account you create to access or use the Website and the Website’s Play-Testing Event Venue back-end. “Game Designer Account” means the account you create to access or use the Website and the Website’s Game Designer back-end. “Account” means any Print Business Account, Play-Testing Spot Account, or Game Designer Account.

2. CHANGES TO THE TERMS
    1. We may amend, modify, and/or update these Terms. Any such amendment, modification, and/or update will be effective (30) days following either our communication of a notice to you, or our posting of the amendment, modification, and/or update on the Service. We will also indicate at the top of this page the date that such amendments, modifications, and/or updates were last made. Our customer service representatives are not authorized to modify any provision of the Terms, either verbally or in writing. You should revisit these Terms on a regular basis as revised versions will be binding on you. If you do not agree to any change to the Terms you must discontinue using the Service. You understand and agree that your continued use of or access to the Service after the effective date of amendments, modifications, and/or updates represents your acceptance of such changes.

3. TRANSLATION
    1. We may translate these Terms into other languages for your convenience. Regardless of the language these terms have been translated to, the English version governs your relationship with Manifestation CCS and your use of and access to the Service. Any inconsistencies among the different versions will be resolved in favor of the English version available here.

4. SERVICE USAGE AND ACCESS
    1. Eligibility and Age Limitations. To use or access the Service, you must have the requisite power and authority to enter into these Terms. You may not use or access the Service if you are a competitor of Manifestation CCS or if we have previously banned you from the Service or closed your Account. Only residents of the countries where we offer the Service are eligible to register for a Manifestation CCS Account. These Terms govern for residents of the United States and all U.S. territories. You must be 18 years of age, or the age of majority in your state or territory of residence, to make any purchases offered by the Service.

    2. Permission to Use the Service. We grant you permission to use the Service subject to these Terms. Your use of the Service is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, incomplete, fails to provide adequate warning about potential risks or hazards, or is otherwise inappropriate.

    3. Service Availability and Future Unavailability. The Service may be altered, modified, updated, interrupted, suspended, or discontinued at any time without notice or liability. It is possible that the Service and/or Website may not be available for use or access at an given time including (i) during any maintenance or update periods; (ii) any power or server outages; (iii) as a result of war, riots, strikes, social unrest; or (iv) as a result of other matters beyond the control of us or third parties. Manifestation CCS will take reasonable efforts to provide you with as much prior notice as possible; however Unknown Depths, S Corp (including Manifestation CCS) shall have no liability to you in such event. We may have to remove specific features or functionality and/or devices or platforms from being able to access the Service and/or Website periodically. We will make concerted effort to inform you of any such changes, usage rules, and restrictions, but you concede that we may do so in our sole discretion at any time without notice. You also agree that we will not be liable to you for any modification, suspension, or discontinuance of the Service.

    4. Compatible Devices and Software. Use of the Service requires compatible devices, and certain software may require periodic updates, and your use of the Service may be affected by the performance of these elements.

    5. Internet Connection. You must have an Internet connection (preferably high-speed) in order to use and access certain aspects of the Manifestation CCS Service.

    6. Accounts. To use and access certain features of the Service it is required that you create an Account and provide specific information about yourself. Maintaining the confidentiality of your Account password is your responsibility. You are also responsible for all activities that occur in connection with your Account. You agree to notify us immediately of any unauthorized use of your Account. We reserve the right to close your Account at any time for any or no reason.

    7. Game Designer Account Requirements. To use or access the Service, you agree that:

      1. you will not create or use a Game Designer Account for anyone other than yourself.

      2. you will provide complete and accurate information about yourself when creating an Account in order to reinforce your credibility as a contributor to the Service.

      3. you will not impersonate someone else, provide an email address other than your own, create multiple Accounts, or transfer your Game Designer Account to another person without Manifestation CCS’ prior approval.

      4. you are either (1) the owner Your Content or (2) you are a direct contributor to Your Content and have received permission to share Your Content by the Content owner.

      5. we may contact you, including by phone, or email, using the contact information you provide us, make publicly available, or that we have on record for you, and that our communications (including phone calls) with you may be monitored and recorded for quality purposes.

    8. Print Business Account and Play-Testing Spot Account Requirements. To use or access the Service, you agree that:

      1. you have the authority to act on behalf of the business or businesses associated with your Print Business Account or Play-Testing Spot Account and bind any such business (including any corresponding business entity) to the Terms (such business or businesses, your “Business”);

      2. your use of or access to the Service will only be in your capacity as an authorized representative of your Business;

      3. you will not create any additional or alternate Accounts to use or access the Service for business activities, including but not limited to flagging comments, following any Account or Account listing page, or messaging people who have not made initial contact with your Business;

      4. your Business complies with applicable laws and does not offer, advertise, sell, or lease illegal products and/or services;

      5. we may contact you, including by mail, phone, or email, using the contact information you provide us, make publicly available, or that we have on record for your business, and that our communications (including phone calls) with you may be monitored and recorded for quality purposes.

      6. as a Play-Testing Event Venue user you will receive sent, mailed, delivered, and/or shipped Manifestation CCS marketing collateral, and post said marketing collateral in a highly visible area in your business/venue.

    9. Account Representations and Warranties. You represent and warrant that you will not, and will not authorize or induce any other party to:

      1. use any automated means or form of scraping or data extraction to access, query, or otherwise collect Manifestation CCS Content, data, and/or communications from the Website or Service, except as expressly permitted by Manifestation CCS;

      2. use any Manifestation CCS mark, trademark, or service mark in any manner without Manifestation CCS’ prior written consent; or

      3. misrepresent your identity or affiliation to anyone in connection with Manifestation CCS.

    10. Communications from Manifestation CCS and Others. By using or accessing the Service, you consent to receive communications from other users and Manifestation CCS through the Service, or through any other means such as mail, emails, push notifications, text messages (including SMS and MMS) and phone calls. These communications may promote Manifestation CCS or other users. You further understand that you may be charged by your phone carrier for certain communications such as SMS messages or phone calls. You agree to notify us immediately if the phone number(s) you have provided us have been changed or disconnected. Please note that any communications, including phone calls, with Manifestation CCS or made through the Service may be monitored and recorded for quality purposes.

5. CONTENT
    • Responsibility for Your Content. You alone are responsible for Your Content, and once shared through or posted to Manifestation CCS, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its accuracy, quality, or reliability, and any risks associated with personal information you disclose. You represent that you own or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Manifestation CCS.

You may expose yourself to liability if, for example, Your Content contains material that is intentionally misleading, defamatory, or false; violates any third-party right, including any copyright, mark, trademark, service mark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or property right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; violates or advocates the violation of any law or regulation; or violates these Terms.

    1. Our Right to Use Your Content. Your Content may be used by us in any number of ways, including, but not limited to: publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). In recognition of this, you irrevocably grant us universal, world-wide, perceptual, sublicensable, non-exclusive, assignable, royalty-free, transferable rights to use Your Content for any purpose. Also understand that you irrevocably grant the users of the Service and any Other Media the right to access Your Content in connection with their use of the Service and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Manifestation CCS and its users, any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, reproduce, modify, publicly perform and display, translate, prepare derivative works of, distribute, analyze, remove, and commercialize Your Content.

    2. Ownership. As between you and Manifestation CCS, you own Your Content. We own the Manifestation CCS Content, including by not limited to visual interfaces, interactive features, graphics, design, compilation (including but not limited to, our selection, coordination, aggregation, and arrangement of User Content and other Service Content), computer code, products, software, and all other elements and components of the Service excluding Your Content, User Content, and Third Party Content. We also own the copyrights, marks, trademarks, service marks, trade names, trade secrets, and other intellectual property throughout the world and universally associated with the Manifestation CCS Content and the Service, which are protected by copyright, trade dress, patent, trademark, and trade secret laws and all other applicable intellectual and proprietary rights and law. As a result, you may not copy, license, sell, reproduce, modify, publicly display, create derivative works or adoptions of, distribute, or in any way use or exploit any of the Manifestation CCS Content, in whole or in part, except as expressly authorized by us. Except as expressly and unambiguously provided in these Terms, we do not grant you any expressed or implied rights, and all rights in and to the Service and the Manifestation CCS Content are retained by us.

    3. Other. User Content (including any that may have been created by users employed or contracted by Manifestation CCS) does not necessarily reflect the opinion of Manifestation CCS. Except as required by law, we have no obligation to retain or provide you with copies of Your Content, and we do not guarantee any confidentiality with respect to Your Content. We reserve the right to remove, screen, edit, or reinstate User Content at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove a Print Business listing if we believe it may impact visitors, users, or account holders in a damaging and/or negative way. Manifestation CCS does not attempt to verify any licenses a local business or its representatives may have, and visitors and users should inquire about any such licenses with the business directly.

6. SUBSCRIPTIONS, RESERVATIONS, AND GENERAL TRANSACTING
    1. Subscriptions. To add a Print Business listing and use or access the Website’s Print Business Account back-end, enrollment into an ongoing/recurring payment plan is required. Your subscription will automatically renew at the end of the disclosed billing period, unless cancelled in accordance with the instructions for cancellation below. Payments may be processed through a third-party partner or us directly. Payments will be charged to your chosen payment method at confirmation of purchase and at the start of every new billing period, unless cancelled. We reserve the right to change our pricing. In the event of a price change, we will attempt to notify you thirty (30) days in advance of the change through mail, phone, and/or email (specifically the email address registered for your Account). If you do not wish to accept a price change, you may cancel your subscription in accordance with the instructions for cancellation below. If you do not cancel your subscription after a price change takes effect and prior to the start of your new subscription period, your subscription will be renewed at the price in effect at the time of the renewal, without any additional action by you, and you authorize us to charge your payment method for these amounts. We will not be able to notify you of any changes in applicable taxes. You are responsible for all third-party Internet access charges and taxes in connection with your use of the Service. All Subscriptions are non-refundable (including and not limited to fully or partially used billing periods).

      1. Single Business Subscriptions. When a Single Business Subscription is purchased (monthly or yearly) a Print Business Account user can list a single (one/1) print business listing.

      2. Unlimited Businesses Subscriptions. When an Unlimited Businesses Subscription is purchased (monthly or yearly) a Print Business Account user can list any number of print business franchises.

      3. Cancellation. You can cancel your subscription at any time before the end of the current billing period. Cancellation will take effect at the end of the current billing period. You may cancel your subscription by logging into your Print Business Account, accessing the Billing section, and clicking on the “Cancel” or “End Subscription” text or button.

      4. Payment Details. We may keep your detailed payment information, such as credit card number and expiry date, on file. We may share your payment information within the Unknown Depths, S Corp (Manifestation CCS, or Unknown Depths), if you consent to such sharing during the purchase process. You are responsible for keeping your payment details current and accurate by changing the details in your account settings. Should your payment details near their expiration or where they have changed, we may obtain or receive updated payment details from your payment provider including your card number, expiry date and CVV (or equivalent). This enables us to continue to provide you access to the Service. You authorize us to charge your card using the updated information. If a payment is not successfully authorized due to expiration, insufficient funds, or other issue, we may suspend or terminate your subscription. You also agree that we may charge your payment method on file if you decide to restart your Print Business Account subscription

    2. Reservations. To list a business/venue as a Play-Testing Spot and accept reservations from Game Designer users, it is required that a user creates a Play-Testing Spot Account. All Play-Testing Event Venue users agree to receive sent, mailed, delivered, and/or shipped Manifestation CCS marketing collateral (from Manifestation CCS directly and/or from subscribed Print Business users) and post said marketing collateral in a highly-visible area in their business/venue. A business/venue cannot be listed as a Play-Testing Spot or accept reservations through the Service without receiving and posting Manifestation CCS marketing collateral in a highly visible area in their business/venue. To make a reservation at a listed Play-Testing Spot, it is required that a user creates a Game Designer Account.

      1. Play-Testing Spot Accounts. By using and/or accessing the Service you assume all risks associated with and/or resultant of accepting reservations, whether paid or free of charge, and waive any rights to hold Manifestation CCS, our third-party partners, and other Account users liable for any damages incurred from accepting reservations. Any and all reservations placed and/or confirmed through the Service are in no way enforced, contractually or otherwise, by Manifestation CCS or its third-party partners. You understand that any reservations placed and/or confirmed through our Service represent nonbinding agreements between Play-Testing Event Venue users and Game Designer users. Manifestation CCS encourages Play-Testing Event Venue users accepting reservations to post links to or full text of their venue specific No-Show Policy on all event listings added to the Website. Should the need to cancel an event arise, you agree to inform all users that made reservations for the event of the cancellation three (3) days in advance, or as otherwise stated on your event listing, through direct message and/or a cancellation notice on the event’s listing page created on our Website.

      2. Game Designer Accounts. By using and/or accessing the Service to make reservations at Play-Testing Spots you agree to cancel any reservations you will be unable to honor within the Play-Testing Spot’s No-Show Policy time frame, or three (3) days in advance. You may cancel reservations on our Website in the “Calendar” section of Game Designer Account backend, or by contacting the Play-Testing Spot directly through Website messages, phone, and/or email. Should a Play-Testing Spot cancel an event you made a reservation for, you will be notified in advance by the Play-Testing Spot venue/business by email, phone, and/or on their listing page in the form of a cancellation notice. Game Designer users agree to use Reservation features only to: book reservations at Play-Testing Spots, honor those reservations by arriving at the Play-Testing Spot event(s) on time, and participate in the event(s) according to the requirements of the Play-Testing Spot Event Venue. Game Designer users further agree to not make more than one reservation for the user’s personal use during any one scheduled event. Resale, or attempted resale of reservations is prohibited and can result in the cancellation of your reservations, or the termination of your access to the Service.

    3. General Transacting. With an Account you can use and access features through the Service that allow you to make reservations or transact online with local businesses, such as reserving seats at a Play-Testing Spot event; ordering a card/board game from a Print Business, Game Designer, or Play-Testing Spot; or ordering a print job from a Print Business. These features may be provided by Manifestation CCS’ third-party partners, and/or through Manifestation CCS Account holders, and their use may be governed by different or additional terms presented to you as part of the reservation or transaction process. Understand that such third-party partners and/or Manifestation CCS Account holders themselves are responsible for the rendering of such reservations and transactions.

7. TERMINATION AND SUSPENSION.
    1. These Terms may be terminated at any time by closing your Account, discontinuing any use of or access to the Service, and providing Manifestation CCS with a notice of termination here.

    2. We may close your Account, suspend your ability to use certain elements of the Service, terminate any license or permission provided to you under these Terms, and/or fully ban you from the Service for any and no reason, and perform such actions without notice or liability of any kind. You recognize that actions of the like can prevent your from accessing your Account, Your Content, Service Content, the Service, or any other related information.

    3. Should these Terms be terminated by you or us, Sections 1, 3, and 5 – 12 of the Terms of Service will continue in full force and effect.

    4. You agree that we may, in our sole discretion and without notice or liability to you, limit, restrict, suspend, or terminate your access to part or all of the Service if we believe you have utilized, or are utilizing the Service in violation of these Terms or applicable law or regulations or in any way other than the purpose(s) intended for the Service and in conformance with all stipulations and guidelines applicable thereto. In no limitation to the foregoing, Manifestation CCS may restrict or suspend your access to your Account(s) with reasonable notice to you and for the following causes, which may be communicated electronically, including but not limited to (i) requests from law enforcement or other government authorities, (ii) unexpected technical issues or problems, or (iii) if we have reason to believe your Account was created fraudulently, your Account was accessed fraudulently, or anyone uses your Account to perpetrate fraud or for any use other than that intended by Manifestation CCS and in conformance with all stipulations and guidelines applicable thereto.

    5. You agree that Manifestation CCS will not be liable to you or any third party for any such limitation, restriction, suspension, or termination of your Account or Your Content.

8. THIRD PARTY SERVICES AND CONTENT
    1. The Service may be partially comprised of Third Party Content, or host links to other web applications or websites (each, a “Third Party Service”). We have no control over, nor do we endorse any Third Party Service or Third Party Content. Your use and/or reliance on any Third Party Service or Third Party Content is at your own risk.

Certain services provided by Third Parties may require your acceptance and agreement to third party terms of service, terms and conditions, privacy policies, licenses, disclosures, and other agreements, including without limitation those included here. It is important that you familiarize yourself with and understand such applicable third party terms and agreements.

9. REPRESENTATIONS AND WARRANTIES
    1. We make no commitment to enforce the Terms on your behalf against another user. Despite our recommendations for you to inform us of any potential violations of the Terms by other users, we reserve the right to investigate and take appropriate action at our sole discretion.

      1. You represent and warrant that you have read and understood our Privacy Policy. If you use and/or access the Service outside of the United States of America, you consent to your personal data being transferred and processed in the United States of America.

      2. You also represent and warrant that you will not, and you will not aid, enable, invite, or encourage others to use the Service to:

        1. Break/violate our Terms of Service;

        2. Violate any third party’s rights, including any breach of confidence, copyright, mark, trademark, service mark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or property right;

        3. Harass, stalk, threaten, harm, or engage in/promote bigotry or discrimination;

        4. Promote any business, service, or creation that is outside of the scope of the Website and Service (i.e. the Website focuses on printing service businesses, venues to play-test card and board games, and card and board game designer’s board and card games – all other businesses, services, and/or creations are outside of the scope of the Website and Service) or the focus of the user Account;

        5. Send any mass messaging (bulk emails, surveys, etc), whether non-commercial or commercial in nature; partake in any keyword spamming, or any other activities that can manipulate the Service’s search results, listings, reservation tools, or user postings;

        6. Solicit personal information from minors, or submit or transmit pornography;

        7. Violate any applicable law;

        8. Use, access, alter, adapt, acquire, copy, reproduce, modify, publicly perform and display, translate, prepare derivative works of, distribute, analyze, remove, commercialize, or in any way exploit the Service or Service Content (aside from Your Content), except as expressly permitted by Manifestation CCS;

        9. Use any automated device, means, or process (i.e. spider, robot, Service search/retrieval application) to use, access, scrape, copy, retrieve, or index any part of the Service or any Service Content, except as expressly authorized by Manifestation CCS;

        10. Reverse engineer any part of the Service, unless applicable law prohibits this restriction, where in such cases you agree to provide us with written notice 30 days in advance through our Contact page;

        11. Alter or remove any proprietary rights notice (such as trademarks or copyrights) that appear on any part of the Service, whether or not the medium displaying the rights is digital, physical, or of any other form or nature;

        12. Attempt to attain, or attain information about users through mining, processing, or recording processes;

        13. Frame or reformat and part of the Service;

        14. Perform any action that may create, or does create, defined at our sole discretion, an unnecessary, substantial, or excessively large load on Manifestation CCS’ technology infrastructure, or otherwise make disproportionate traffic demands of the Service;

        15. Pursue attaining unauthorized access to the Service, Website, Accounts, digital and/or computer systems, or networks supporting the Service through password mining, hacking, or any other means;

        16. Use or access the Service to distribute worms, viruses, Trojan horses, defects, spyware, malware, malicious code, or any other destructive or harmful creations.

        17. Utilize any tool, program, or routine that alters or distorts Manifestation CCS’ intended use of the Service, or otherwise attempt to interfere with the proper working of the Service.

        18. Distort, disrupt, alter, or interfere with the security of, or otherwise cause damage to the Service or Service Content, or use or access the Service to breach the security of any network, crack security encryption codes or passwords; or

        19. Disable, circumvent, damage, remove, or in summation interfere with any security-related aspects of the Service, features designed to avert or prohibit the use of, access to, or duplication of Service Content, or elements that impose limitations on the use of or access to the Service.

10. DISCLAIMERS AND LIMITATIONS OF LIABILITY

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF UNKNOWN DEPTHS, S CORP (INCLUDING MANIFESTATION CCS) TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING INCLUDED IN THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY ARE DESIGNED LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. BY USING OR ACCESSING THE SERVICE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE RELEASING SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.

    1. YOU USE AND/OR ACCESS THE SERVICE AND SERVICE CONTENT ON AN “AS IS”, “WITH ALL FAULTS AND/OR DEFECTS”, AND “AS AVAILABLE” BASIS, WITH FULL ACKNOWLEDGEMENT THAT MANIFESTATION CCS MAY NOT SURVEIL, MANAGE, OR CHECK USER CONTENT OR THIRD PARTY CONTENT. HENCE, USE AND/OR ACCESS OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. MANIFESTATION CCS MAKES NO GUARANTEE, PROMISE, OR CLAIM CONCERNING THE ACCURACY, QUALITY, COMPLETENESS, OR RELIABILITY OF THE SERVICE, ITS SECURITY OR SAFETY, INCLUDING WITHOUT LIMITATION ITS ABILITY TO PROTECT YOUR DATA, OR THE SERVICE CONTENT. AS SUCH, MANIFESTATION CCS IS NOT LIABLE TO YOU FOR ANY PERSONAL OR COMMERCIAL DAMAGE, LOSS, OR INJURY THAT MAY BE CONSEQUENCE, FOR EXAMPLE, OF: SERVICE UNAVAILABILITY; SERVICE INOPERABILITY; SECURITY VULNERABILITIES; DEPLETION OF BATTERY POWER OR OTHER IMPAIRMENT OF DEVICES USED TO ACCESS THE SERVICE; YOUR RELIANCE ON THE ACCURACY, QUALITY, AND/OR COMPLETENESS OF PRINT BUSINESS LISTINGS, PLAY-TESTING SPOT LISTINGS, DESIGNER CARD PROJECT LISTINGS (INCLUDING THEIR CONTENT OR OMISSION OF CONTENT, ORDER, AND DISPLAY), METRICS OR OTHER CONTENT FOUND ON, USED ON, OR ACCESSIBLE THROUGH THE SERVICE.

    2. MANIFESTATION CCS MAKES NO GUARANTEE, PROMISE, OR CLAIM ASSOCIATED WITH ANY THIRD PARTY, SUCH AS THE BUSINESSES OR DESIGNERS LISTED ON THE SERVICE PROMOTING SERVICES OR GOODS THROUGH THE SERVICE, OR THE SERVICE’S USERS. AS SUCH, MANIFESTATION CCS IS NOT LIABLE TO YOU FOR ANY PERSONAL OR COMMERCIAL DAMAGE, LOSS, OR INJURY THAT MAY BE CONSEQUENCE OF ANY ACTIONS OR OMISSIONS MADE BY THIRD PARTIES; INCLUDING THE EXAMPLE OF OTHER USERS OR BUSINESSES MISUSING YOUR CONTENT, IDENTITY, OR PERSONAL INFORMATION; OR IF YOU EXPERIENCE ANYTHING NEGATIVE WITH ANY OF THE BUSINESSES OR DESIGNERS LISTED OR FEATURED ON THE SERVICE. ANY PURCHASE OR USE OF SERVICES OR GOODS MADE AVAILABLE TO YOU BY ANY THIRD PARTIES THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK.

    3. YOUR EXCLUSIVE RIGHTS AND SOLUTIONS FOR ANY CASE OF DISCONTENT WITH THE SERVICE, RELATED SERVICES, AND ANY OTHER OBJECTION INCLUDE:

      1. THE TERMINATION AND DISCONTINUATION OF YOUR USE OF AND ACCESS TO THE SERVICE, OR

      2. ENGAGING IN ALTERNATIVE METHODS OF PROBLEM SOLVING, CONFLICT MANAGEMENT, NEGOTIATIONS, AND/OR DISPUTE RESOLUTIONS WITH THE UNKNOWN DEPTHS COLLABORATION (A COLLABORATION/COLLECTIVE OF THINKERS, PROBLEM SOLVERS, IDEA GENERATORS, AND PHILOSOPHERS PRACTICING AND PRODUCING ART FORMS AND CREATIONS OF ALL TYPES, LOCATED ACROSS EARTH AND SEVERAL OTHER POINTS IN/OF CHANGE AND DISPLACEMENT).

    4. MANIFESTATION CCS’ MAXIMUM CUMULATIVE LIABILITY TO YOU FOR LOSSES OR DAMAGES EXPERIENCED IN ASSOCIATION WITH THE SERVICE OR THESE TERMS IS LIMITED TO THE GREATER OF:

      1. THE AMOUNT PAID, IF ANY, BY YOU TO MANIFESTATION CCS IN ASSOCIATION WITH THE SERVICE WITHIN THE 12 MONTH PERIOD PRIOR TO THE ACTION THAT GAVE RISE TO LIABILITY, OR

      2. $100.

    5. MANIFESTATION CCS’ LIABILITY SHALL BE NO MORE THAN THE LEGALLY RECOGNIZED MAXIMUM. MANIFESTATION CCS WILL NOT BE LIABLE FOR ANY:

      1. PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, RELIANCE, CONSEQUENTIAL, OR INDIRECT DAMAGES;

      2. LOSS OF REVENUE OR PROFITS;

      3. REPUTATIONAL DAMAGE;

      4. LOSS OF DATA OR INFORMATION; OR

      5. LIABILITY DERIVED FROM ANY PRIVATELY OR PUBLICLY POSTED COMMUNICATIONS CONCERNING LISTED PRINT BUSINESSES, PLAY-TESTING SPOTS / EVENT VENUES, OR DESIGNER USERS ON ANY USER LISTED OR CREATED PAGE ON THE WEBSITE.

THE LIMITATIONS AND WAIVERS COMMUNICATED IN THIS SECTION 10 WILL SURVIVE AND APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE.

11. GENERAL TERMS
    1. We maintain the right to alter, update, or discontinue the Service at our sole discretion, whenever, for any or no reason, and without notice or liability.

    2. Excluding that which is noted in Section 8, no elements of these Terms are intended, nor will be deemed, to confer rights or remedies upon any third party.

    3. These Terms contain the entirety of the agreement between you and us concerning to the usage of and access to the Service, and supersede any prior agreements between you and us regarding matters of using and accessing the Service. The parties acknowledge that no reliance is placed on any representation made but not expressly contain in these Terms.

    4. Manifestation CCS’ failure to exercise or enforce any right or provision in these Terms does not constitute any waivers of such right or provision. Failures to exercise any right, in any respect, by either party, provided for herein, shall not be deemed a waiver of any further rights hereunder. These Terms may not be waived, with the exception of cases where a writing is executed by Manifestation CCS.

    5. In the case of any part of these Terms being invalid or unenforceable by a court of proficient authority or an arbitrator, only those specific parts or provisions of the Terms shall be modified. Modifications shall adhere to the intention of the involved parties, or eliminate the minimum amount of parts or provisions in order for the Terms to maintain their full force and effect while remaining enforceable.

    6. These Terms, and any rights or obligations created by them, may not be assigned, sublicensed, or transferred by you unless given prior written consent from Manifestation CCS, but these Terms may be assigned, sublicensed, and/or transferred by Manifestation CCS without any restriction. Attempts of assignment by you, shall violate these Terms and be void.

    7. You agree that no fiduciary or special relationship, partnership, joint venture, agency, or employment exists between you and Manifestation CCS as a result of these Terms or your use of or access to the Service.

    8. Section titles in these Terms exist for your convenience only and have no contractual or legal effect.