Terms & Conditions

TERMS AND CONDITIONS Your Acceptance 1. By using or visiting the MANIFEST XM website, application, or any MANIFEST XM products, software, data feeds, and services provided to you on, from, or through the MANIFEST XM website and applications for smartphones, tablets and other web-enabled devices (collectively the "Service") you signify your agreement to (1) these terms and conditions (the "Terms of Service"), (2) Mebigo Labs Private Limited Privacy Policy, found at https://manifestxm.com/privacy-policy and incorporated herein by reference, and (3) MANIFEST XM 's Community Guidelines, found at MANIFEST XM’s Community Guidelines, found at https://manifestxm.com/community-guidelines.html and also incorporated herein by reference. If you do not agree to any of these terms, the MANIFEST XM Privacy Policy, or the Community Guidelines, please do not use the Service. The Service is provided by MANIFEST XM, which, along with its products and services, is referred to as “MANIFEST XM” in these Terms of Service. 2. Although we shall periodically notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version https://manifestxm.com/terms-condition. MANIFEST XM may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits. Service 1. These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service. “Content” includes the text, software, scripts, graphics, photos, sounds, audio, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of MANIFEST XM, including but not limited to all products, software and services offered via the MANIFEST XM application or website, such as the MANIFEST XM channels, the MANIFEST XM "Embeddable Player," the MANIFEST XM "Uploader" and other applications. 2. The Service may contain links to third party websites that are not owned or controlled by MANIFEST XM. MANIFEST XM has no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, MANIFEST XM will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve MANIFEST XM from any and all liability arising from your use of any third-party website. 3. Accordingly, we encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each third-party website that you visit. MANIFEST XM Accounts 1. In order to access some features of the Service, you will have to create a MANIFEST XM Account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify MANIFEST XM immediately of any breach of security or unauthorized use of your account. 2. Although MANIFEST XM will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of MANIFEST XM or others due to such unauthorized use. 3. The account created by you shall not be a fake profile i.e., by using false information or impersonating another person on our Service by using their name, photo, claiming to be someone other than yourself, or through any other means. General Use of the Service—Permissions and Restrictions MANIFEST XM hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that: 1. You agree not to distribute in any medium any part of the Service or the Content without MANIFEST XM's prior written authorization, unless MANIFEST XM makes available the means for such distribution through functionality offered by the Service (such as the Embeddable Player). 2. You agree not to alter or modify any part of the Service. 3. You agree not to access Content through any technology or means other than the video playback pages of the Service itself, the Embeddable Player, or other explicitly authorized means MANIFEST XM may designate. 4. You agree not to use the Service for any of the following commercial uses unless you obtain MANIFEST XM’s prior written approval: • the sale of access to the Service • the sale of advertising, sponsorships, or promotions placed on or within the Service or Content or • the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service, unless other material not obtained from MANIFEST XM appears on the same page and is of sufficient value to be the basis for such sales. 5. Prohibited commercial uses do not include: • uploading an original content to MANIFEST XM, or maintaining an original channel on MANIFEST XM, to promote your business or artistic enterprise • showing MANIFEST XM content through the Embeddable Player on an ad-enabled blog or website, subject to the advertising restrictions set forth above or • any use that MANIFEST XM expressly authorizes in writing. • If you use the Embeddable Player on your app or website, you may not modify, build upon, or block any portion or functionality of the Embeddable Player, including but not limited to links back to the MANIFEST XM app or website. • If you use the MANIFEST XM Uploader, you agree that it may automatically download and install updates from time to time from MANIFEST XM. These updates are designed to improve, enhance and further develop the Uploader and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit MANIFEST XM to deliver these to you) as part of your use of the Uploader. • You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the MANIFEST XM servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, MANIFEST XM grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. MANIFEST XM reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content. • In your use of the Service, you will comply with all applicable laws. • MANIFEST XM reserves the right to discontinue any aspect of the Service at any time. Your Use of Content In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content. 1. Some of the Content on the Service is not owned by MANIFEST XM and may be provided by content partners or other users. MANIFEST XM merely acts as a platform to provide access to the content in the form and manner authorised by such third parties. MANIFEST XM does not claim any ownership rights in nor undertake any liability for such Content. 2. Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any Content unless you see a “download” or similar link displayed by MANIFEST XM on the Service for that Content. You shall not copy, reproduce, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of MANIFEST XM or the respective licensors of the Content. MANIFEST XM and its licensors reserve all rights not expressly granted in and to the Service and the Content. 3. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitation on use of the Service or the Content therein. 4. You understand that when using the Service, you may be exposed to Content from a variety of sources, and that MANIFEST XM is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. If you find any Content that violates these Terms of Service, you may notify us of any grievances through the grievance redressal mechanism provided below. Your Content and Conduct 1. As a MANIFEST XM account holder you may submit Content to the Service, including audios, videos, thumbnails and user comments. You understand that MANIFEST XM does not guarantee any confidentiality with respect to any Content you submit. 2. You shall not host, display, upload, modify, publish, transmit, store, update or share any Content or information on the Service that – (i) Belongs to another person, and to which you do not have any right (ii) Is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force; (iii) Is harmful to child; (iv) Infringes any patent, trademark, copyright or other proprietary rights; (v) Violates any law for the time being in force; (vi) Deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact; (vii) Impersonates another person; (viii) Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation; (ix) Contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource; (x) Is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person; (xi) Pertains to news or current affairs. 3. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to MANIFEST XM all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service. 4. For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to MANIFEST XM, you hereby grant MANIFEST XM a worldwide, perpetual, non-exclusive, royalty-free, sub-licensable and transferable license to publicly display your name or username in relation to your Content, as well as use, reproduce, distribute, prepare derivative works of, display, publish, adapt, make available online or electronically transmit, and perform the Content in connection with the Service and MANIFEST XM's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display, publish, make available online or electronically transmit, and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in audio Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your audios from the Service, however, you grant MANIFEST XM a perpetual worldwide license for the continued residual use of any Content on the Service, to the extent that such continued residual use of the Content persists after you have elected to remove it. You understand and agree, however, that MANIFEST XM may retain, but not display, distribute, or perform, server copies of your audios that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable. MANIFEST XM also reserves the right to retain any Content which has been removed from the Service, and/or to which access has been disabled pursuant to violation of these Terms of Service (either voluntarily or as a result of a grievance filed through the grievance redressal mechanism) for a period of 180 days or longer for investigation purposes in compliance with applicable laws and regulations. 5. You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant MANIFEST XM all of the license rights granted herein. 6. You further agree that you will not submit to the Service any Content or other material that is contrary to the MANIFEST XM Community Guidelines, currently found at https://manifestxm.com/community-guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations. 7. MANIFEST XM will process any audio or audiovisual content uploaded by you to the Service in accordance with the MANIFEST XM Terms of Service and privacy policy, as applicable. 8. MANIFEST XM does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and MANIFEST XM expressly disclaims any and all liability in connection with Content. MANIFEST XM does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and MANIFEST XM will remove all Content if properly notified that such Content infringes on another's intellectual property rights. MANIFEST XM reserves the right to remove Content without prior notice. 9. You agree and accept that MANIFEST XM may be required to classify and/or rate your Content and display such classification and/or rating on the Service in compliance with applicable laws. Account Termination Policy 1. MANIFEST XM will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer. 2. MANIFEST XM reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. MANIFEST XM may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Service. Copyright Policy MANIFEST XM respects the intellectual property rights of others and we expect you to do the same. Account Suspension or Termination • Your account may be suspended or terminated for multiple copyright violations or other violations of the Terms of Use. Copyright Infringement Notification (DMCA Notice) If you believe that your copyright-protected work was posted on MANIFEST XM’s site or app, or otherwise hosted by MANIFEST XM, without authorization, you may submit a copyright infringement notification to our grievance officer. The notification must include the following: • An email address, physical address or phone number so that we and the uploader of the allegedly infringing work can contact you. • A clear and complete description of your work that you believe has been infringed • The URL or other identifying location of the allegedly infringing work as well as details of the person (if known) who is responsible for uploading the allegedly infringing work. • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law. • A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner along with details establishing that you or the person on whose behalf the notification is being made is the bona fide owner of the copyright in the work which has been allegedly infringed. • Undertaking that you or the person on whose behalf the notification is being made, shall file an infringement suit in the competent court against the person responsible for uploading the infringing copy and produce the orders of the competent court having jurisdiction, within a period of twenty-one days from the receipt of this notification. • The physical or electronic signature of the copyright owner or an authorized representative of the copyright owner. To satisfy this requirement, you may type your full legal name (not that of a company) at the bottom of your notification Submit the above information to our grievance officer: • By Email: support@manifestxm.com • By Online Form: DMCA form • By Mail: Mebigo Labs Private Limited (MANIFEST XM), 91springboard, Godrej & Boyce, Gate No 2, Plant No. 6, LBS Marg, Opposite Vikhroli Bus Depot, Vikhroli West, Mumbai, Maharashtra 400079 India All information submitted in your copyright infringement notification may be made public in any way by MANIFEST XM or a third party. Copyright Infringement Counter-Notification If you receive a copyright infringement notification that you believe to be in error, you may provide us with a counter-notification. It must include the following: • Your contact information, including your full legal name (not that of a company), an email address, a physical address, and a phone number. If you are an authorized representative of the uploader, such as an attorney, please be sure to specify your relationship to the uploader. • Identify the location, including any URL, of the work that has been removed or disabled. • And the following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled. • The physical or electronic signature of the copyright owner or an authorized representative of the copyright owner. To satisfy this requirement, you may type your full legal name (not that of a company) at the bottom of your electronic counter-notification. Submit the above information to us: Name: Mr. Vinod Kumar Meena By Email: support@manifestxm.com By Mail: Mebigo Labs Private Limited (MAINFEST XM), 91springboard, Godrej & Boyce, Gate No 2, Plant No. 6, LBS Marg, Opposite Vikhroli Bus Depot, Vikhroli West, Mumbai, Maharashtra 400079 India The counter-notification process may take up to 10 business days to complete, so please be patient. During this time, the copyright claimant may file an action seeking a court order to keep the content down. Please note that we will forward the entire counter notice to the copyright claimant, including any personal information you provide, and the counter notice may be made public. The claimant may use this information to file a lawsuit against you. You understand and agree that if you fail to produce an order of the competent court having jurisdiction restraining facilitation of access to the allegedly infringing work within the stipulated period of 21 days, MANIFEST XM may choose, at its sole discretion to reinstate access to such content till such order of a competent court having jurisdiction is received. The decision to re-post any material is at MANIFEST XM’s sole discretion. Warranty Disclaimer YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MANIFEST XM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. TO THE FULLEST EXTENT PERMITTED BY LAW, MANIFEST XM EXCLUDES ALL WARRANTIES, CONDITIONS, TERMS OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. MANIFEST XM MAKES NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES THAT THE USE OF OR THE RESULTS OF THE USE OF THE SITE WILL MEET YOUR REQUIREMENTS, BE ACCURATE, RELIABLE, CURRENT, OR THAT OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. MANIFEST XM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MANIFEST XM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. Limitation of Liability TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MANIFEST XM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOSSES OR EXPENSES OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MANIFEST XM MAKES NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES THAT THE USE OF OR THE RESULTS OF THE USE OF THE SITE WILL MEET YOUR REQUIREMENTS, BE ACCURATE, RELIABLE, CURRENT, OR THAT OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. WE UNDERSTAND THAT, IN SOME JURISDICTIONS, WARRANTIES, DISCLAIMERS AND CONDITIONS MAY APPLY THAT CANNOT BE LEGALLY EXCLUDED, IF THAT IS TRUE IN YOUR JURISDICTION, THEN TO THE EXTENT PERMITTED BY LAW, MANIFEST XM LIMITS ITS LIABILITY FOR ANY CLAIMS UNDER THOSE WARRANTIES OR CONDITIONS TO EITHER SUPPLYING YOU THE SERVICES AGAIN (OR THE COST OF SUPPLYING YOU THE SERVICES AGAIN). YOU SPECIFICALLY ACKNOWLEDGE THAT MANIFEST XM SHALL NOT BE LIABLE FOR THE CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Service is controlled and offered by Mebigo Labs Private Limited from its facilities in India. MANIFEST XM makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law. Indemnity To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless MANIFEST XM, its parent corporation, officers, directors, shareholders, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party rights, including without limitation any copyright, property, or privacy right; (iv) your violation of any applicable laws; or (iv) any claim that your Content caused damage to a third party. This defence and indemnification obligation will survive these Terms of Service and your use of the Service. We provide these Terms of Service with our Service so that you know what terms apply to your use. You acknowledge that we have given you a reasonable opportunity to review these Terms of Service and that you have agreed to them. Ability to Accept the Terms of Service You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service. There are lots of other great applications for you. Talk to your parents about what sites are appropriate for you. We provide these Terms of Service with our Service so that you know what terms apply to your use. You acknowledge that we have given you a reasonable opportunity to review these Terms of Service and that you have agreed to them. Assignment These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you for any reason, but may be assigned by MANIFEST XM without restriction. General You agree that: (i) the Service shall be deemed solely based in United States of America; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over MANIFEST XM, either specific or general, in jurisdictions other than United States of America. You agree that the laws of United States of America, will apply to these Terms of Service. In addition, for any dispute arising out of or related to the Service, the parties consent to personal jurisdiction in, and exclusive venue of, the courts in State of Delaware, excluding its choice of law principles. These Terms of Service, together with the Privacy Notice at http://manifestxm.com/privacy-policy/ and any other legal notices published by MANIFEST XM on the Service, shall constitute the entire agreement between you and MANIFEST XM concerning the Service. If it turns out that a particular term is not enforceable, this will not affect any other terms. No waiver of any term of this Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and MANIFEST XM's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. YOU AND MANIFEST XM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. Accounts with suspicious activity such as spamming, modding, malicious behaviour will be suspended. Severability In the event any provisions of this Agreement are found to be contrary to applicable law of an administrative or governmental agency or body with jurisdiction over the parties’ performance under this Agreement, such provision will be modified and interpreted to accomplish the objectives of such provision to the greatest extent possible under any applicable law, and the remaining provisions will continue in full force and effect. In the event that such a provision cannot be modified and becomes invalidated or unenforceable, its invalidation or unenforceability shall not affect the validity or enforceability of any other provision of this Agreement. This document was was last prepared and uploaded on ______March 13, 2023_________