Practical Manifestations.com
Terms of Service
TERMS OF SERVICE


BACKGROUND:

We operate a service called PracticalManifestations.com and would love for you to use it. Our basic service
is free for the purpose of promoting philanthropy and positive thinking.  Our service is designed to give you
as much control and ownership over what goes on your blog, forums, and member profile as possible and to
encourage you to express yourself freely.  However, we insist that you are responsible in what you post.  In
particular, make sure that none of the prohibited items listed below appear on your blog, forums, and
member profile or posting or get linked to from your posting (things like spam, viruses, or hate content).

You can check our page and the types of blogs, forums, member profiles and postings to get a sense of the
types of material and content that are welcome on our service (or not!).  If you find a PracticalManifestations.
com blog, forum, member profile or posting that you believe violates our terms of service, please check our
complaints page.

TERMS OF SERVICE:

The following terms and conditions govern all use of the PracticalManifestations.com website and all
content, services and products available at or through the website, including, but not limited to, the
PracticalManifestations.com Blogsite (“Blog”) and PracticalManifestations.com Forum Site (taken together,
the Website).  The Website is owned and operated by Practical Manifestations, LLC (“Practical
Manifestations or PM”).  The Website is offered subject to your acceptance without modification of all of the
terms and conditions contained herein and all other operating rules, policies (including, without limitation,
Practical Manifestations’ Privacy Policy) and procedures that may be published from time to time on this
Website by Practical Manifestations (collectively, the “Agreement”).  
Please read this Agreement carefully before accessing or using the Website.  By accessing or using any
part of the Website, you agree to become bound by the terms and conditions of this agreement.  If you do
not agree to all the terms and conditions of this agreement, then you may not access the Website or use any
services.  If these terms and conditions are considered an offer by Practical Manifestations, acceptance is
expressly limited to these terms.  The Website is available only to individuals who are at least Thirteen (13)
years old.

1.        Your PracticalManifestations.com Account, Forum and Blog.  If you create a blog or posting on the
Website, you are responsible for maintaining the security of your account and blog, and you are fully
responsible for all activities that occur under the account and any other actions taken in connection with the
blog.  You must not describe or assign keywords or other tools and information to your blog in a misleading
or unlawful manner, including in a manner intended to trade on the name or reputation of others, and
Practical Manifestations may change or remove any description or keyword that it considers inappropriate
or unlawful, or otherwise likely to cause Practical Manifestations liability.  You must immediately notify
Practical Manifestations of any unauthorized uses of your blog or forum, your account or any other breaches
of security. Practical Manifestations will not be liable for any acts or omissions by You, including any
damages of any kind incurred as a result of such acts or omissions.

2.        Responsibility of Contributors.  If you operate a blog or forum, comment on the Blog or Forum, post
material to the Website, post links on the Website, or otherwise make (or allow any third party to make)
material available by means of the Website (any such material, “Content”), you are entirely responsible for
the content of, and any harm resulting from, that Content.  That is the case regardless of whether the Content
in question constitutes text, graphics, an audio file, or computer software.  By making Content available, you
represent and warrant that:

•        The downloading, copying and use of the Content will not infringe the proprietary rights, including but
not limited to the copyright, patent, trademark or trade secret rights, of any third party;
•        If your employer has rights to intellectual property you create, you have either (i) received permission
from your employer to post or make available the Content, including but not limited to any software, or (ii)
secured from your employer a waiver as to all rights in or to the Content;
•        You have fully complied with any third-party licenses relating to the Content, and have done all things
necessary to successfully pass through to end users any required terms;
•        The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or
destructive content;
•        The Content is not spam, is not machine- or randomly-generated, and does not contain unethical or
unwanted commercial content designed to drive traffic to third party sites or boost the search engine
rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the
source of the material (such as spoofing);
•        The Content is not libelous or defamatory (more info on what that means), does not contain threats or
incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third
party;
•        Your blog is not getting advertised via unwanted electronic messages such as spam links on
newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
•        Your blog is not named in a manner that misleads your readers into thinking that you are another
person or company.  For example, your blog’s URL or name is not the name of a person other than yourself
or company other than your own; and
•        You have, in the case of Content that includes computer code, accurately categorized and/or described
the type, nature, uses and effects of the materials, whether requested to do so by Practical Manifestations or
otherwise.

By submitting Content to Practical Manifestations for inclusion on our Website or Blog, you grant Practical
Manifestations a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish
the Content solely for the purpose of displaying, distributing and promoting your blog.  If you delete Content,
Practical Manifestations will use reasonable efforts to remove it from the Website, but you acknowledge that
caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, Practical Manifestations has the right (though not
the obligation) to, in Practical Manifestations’ sole discretion (i) refuse or remove any content that, in
Practical Manifestations’ reasonable opinion, violates any Practical Manifestations policy or is in any way
harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity
for any reason, in Practical Manifestations’ sole discretion.  Practical Manifestations will have no obligation
to provide a refund of any amounts previously paid for any services provided.

3.        Responsibility of Website Visitors.  Practical Manifestations has not reviewed, and cannot review, all
of the material, including computer software and third party feeds, posted to the Website, and cannot
therefore be responsible for that material’s content, use or effects.  By operating the Website, Practical
Manifestations does not represent or imply that it endorses the material there posted, or that it believes such
material to be accurate, useful or non-harmful.  You are responsible for taking precautions as necessary to
protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or
destructive content.  The Website may contain content that is offensive, indecent, or otherwise objectionable,
as well as content containing technical inaccuracies, typographical mistakes, and other errors.  The Website
may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and
other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional
terms and conditions, stated or unstated.  Practical Manifestations disclaims any responsibility for any harm
resulting from the use by visitors of the Website, or from any downloading by those visitors of content there
posted.

4.        Content Posted on Other Websites.  We have not reviewed, and cannot review, all of the material,
including computer software, made available through the websites and web pages to which
PracticalManifestations.com links or receives feeds from, and that link to PracticalManifestations.com.
Practical Manifestations does not have any control over those non- PracticalManifestations websites and
web pages, including those of our own members, and is not responsible for their contents or their use.  By
linking to a non-PracticalManifestations website or webpage, Practical Manifestations does not represent or
imply that it endorses such website or webpage.  You are responsible for taking precautions as necessary to
protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or
destructive content. Practical Manifestations disclaims any responsibility for any harm resulting from your
use of non-PracticalManifestations websites and web pages.

5.        Copyright Infringement and DMCA Policy.  As Practical Manifestations asks others to respect its
intellectual property rights, it respects the intellectual property rights of others.  If you believe that material
located on or linked to by PracticalManifestations.com violates your copyright, you are encouraged to notify
Practical Manifestations in accordance with Practical Manifestations’ Digital Millennium Copyright Act (”
DMCA”) Policy.  Practical Manifestations will respond to all such notices, including as required or
appropriate by removing the infringing material or disabling all links to the infringing material.  In the case of
a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of
Practical Manifestations or others, Practical Manifestations may, in its discretion, terminate or deny access
to and use of the Website.  In the case of such termination, Practical Manifestations will have no obligation to
provide a refund of any amounts previously paid to Practical Manifestations for any services provided.

6.        Intellectual Property.  This Agreement does not transfer from Practical Manifestations to you any
Practical Manifestations or third party intellectual property, and all right, title and interest in and to such
property will remain (as between the parties) solely with Practical Manifestations.  Practical Manifestations,
PracticalManifestations.com, the PracticalManifestations.com logo, and all other trademarks, service marks,
graphics and logos used in connection with PracticalManifestations.com, or the Website are trademarks or
registered trademarks of Practical Manifestations or Practical Manifestations’ licensors.  Other trademarks,
service marks, graphics and logos used in connection with the Website may be the trademarks of other third
parties.  Your use of the Website grants you no right or license to reproduce or otherwise use any Practical
Manifestations or third-party trademarks.

7.        Changes.  Practical Manifestations reserves the right, at its sole discretion, to modify or replace any
part of this Agreement.  It is your responsibility to check this Agreement periodically for changes.  Your
continued use of or access to the Website following the posting of any changes to this Agreement
constitutes acceptance of those changes.  Practical Manifestations may also, in the future, offer new
services and/or features through the Website (including, the release of new tools and resources).  Such new
features and/or services shall be subject to the terms and conditions of this Agreement.

8.        Termination.  Practical Manifestations may terminate your access to all or any part of the Website at
any time, with or without cause, with or without notice, effective immediately.  If you wish to terminate this
Agreement or your PracticalManifestations.com account (if you have one), you may simply discontinue using
the Website.  You may unsubscribe from our e-mail list by sending an e-mail to PracticalManifestations.
com.  All provisions of this Agreement which by their nature should survive termination shall survive
termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and
limitations of liability.

9.        Disclaimer of Warranties.  The Website is provided “as is.”  Practical Manifestations and its suppliers
and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the
warranties of merchantability, fitness for a particular purpose and non-infringement.  Neither Practical
Manifestations nor its suppliers and licensors, makes any warranty that the Website will be error free or that
access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise
obtain content or services through, the Website at your own discretion and risk.

10.        Limitation of Liability.  In no event will Practical Manifestations, or its suppliers or licensors, be liable
with respect to any subject matter of this agreement under any contract, negligence, strict liability or other
legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of
procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv)
for any amounts that exceed any fees paid by you to Practical Manifestations under this Agreement or
otherwise during the twelve (12) month period prior to the cause of action. Practical Manifestations shall
have no liability for any failure or delay due to matters beyond their reasonable control.  The foregoing shall
not apply to the extent prohibited by applicable law.

11.        General Representation and Warranty.  You represent and warrant that (i) your use of the Website
will be in strict accordance with the Practical Manifestations Privacy Policy, with this Agreement and with all
applicable laws and regulations (including without limitation any local laws or regulations in your country,
state, city, or other governmental area, regarding online conduct and acceptable content, and including all
applicable laws regarding the transmission of technical data exported from the United States or the country
in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual
property rights of any third party.

12.        Indemnification.  You agree to indemnify and hold harmless Practical Manifestations, its contractors,
and its licensors, and their respective directors, officers, employees and agents from and against any and all
claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not
limited to out of your violation this Agreement.

13.        Miscellaneous.  This Agreement constitutes the entire agreement between Practical Manifestations
and you concerning the subject matter hereof, and they may only be modified by a written amendment
signed by an authorized executive of Practical Manifestations, or by the posting by Practical Manifestations
of a revised version.  Except to the extent applicable law, if any, provides otherwise, this Agreement, any
access to or use of the Website will be governed by the laws of the State of Rhode Island, U.S.A., excluding
its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the
same will be the state and federal courts located in Providence County, Rhode Island.  Except for claims for
injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any
competent court without the posting of a bond), any dispute arising under this Agreement shall be finally
settled in accordance with the Arbitration Rules of the American Arbitration Association (“AAA”) by three
arbitrators appointed in accordance with such Rules.  The arbitration shall take place in Providence, Rhode
Island, in the English language and the arbitral decision may be enforced in any court.  The prevailing party in
any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.  If any part
of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original
intent, and the remaining portions will remain in full force and effect.  A waiver by either party of any term or
condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition
or any subsequent breach thereof. You may assign your rights under this Agreement to any party that
consents to, and agrees to be bound by, its terms and conditions; Practical Manifestations may assign its
rights under this Agreement without condition.  This Agreement will be binding upon and will inure to the
benefit of the parties, their successors and permitted assigns.
copyright 2009 pending, Practical Manifestations.  All rights reserved.
Practical Manifestations, PO Box 6009, Warwick, RI 02887
Phone: 1-877-365-CREATE (2732)
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