CONTENT AND LICENSES POLICY
"Content" includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on, or through the Site.
1. 11 MAIN PLATFORM
As between the parties, 11 Main owns all right, title and interest (including patent rights, copyright rights, trade secret rights, trademark rights, database rights and all other rights of any sort throughout the world) relating to any and all inventions (whether or not patentable), works of authorship, artistry, designations, designs, know how, ideas, programs, events and information in connection with the 11 Main platform and related technology, the 11 Main business and services, and any of 11 Main's proprietary information or content that is otherwise created by 11 Main, including modifications, upgrades, new versions, designs, audio, video, and data developed by, or on behalf of 11 Main (collectively, "11 Main Materials"). No rights or licenses are granted to the 11 Main Materials other than as expressly set forth in this Agreement.
2. USER CONTENT
All Content added, created, uploaded, submitted, distributed, or posted to the Site by users, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. You represent that all Content provided by you is accurate, complete, up to date, and in compliance with all applicable laws, rules and regulations.
2. THIRD-PARTY USE OF CONTENT
By posting Content on 11 Main, you acknowledge that it is possible for an outside website or a third party to re-post that Content. You hold 11 Main harmless for any dispute concerning this use. If you choose to display your own 11 Main-hosted image on another website, the image must provide a link back to its listing page on 11 Main.
3. LICENSE OF YOUR CONTENT
1. YOU OWN YOUR OWN CONTENT
11 Main does not claim ownership rights in your Content. You grant 11 Main the license described below solely to enable 11 Main to use any information or Content you supply 11 Main with, so that 11 Main is not violating any rights you might have in that Content. These license grants do not affect your other ownership or license rights in your Content, including the right to grant additional licenses to your Content, unless otherwise agreed. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
2. TO 11 MAIN
3. TO OTHER USERS
As part of its services hereunder, 11 Main may enter into agreements with third parties to display, promote, offer for sale, sell and distribute 11 Main merchants’ products through such third parties’ television channels, websites, blogs, affiliate networks, and online advertising channels (“Third Party Partnerships”). Merchants grant to 11 Main a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right to use your Content in connection with such Third Party Partnerships. 11 Main reserves the right in its sole discretion to select any particular Content consistent with and for use in the Third Party Partnerships, but is under no obligation to use any particular Content.
“Publicity Content” includes Content created by 11 Main’s interaction with merchants through telephone discussions, in-person meetings, conferences, or industry events, including, but not limited to photographs or videos in which the merchant appears or interview transcripts or quotes containing comments by merchant regarding the 11 Main service.
You grant 11 Main a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right to use the Publicity Content in connection with its business in any media now known or not currently known, including, but not limited to, the 11 Main website, in social media, in the Third Party Partnerships and in news releases and general marketing material.
11 Main intends to help our community members share the offers, items, and Merchant stories on 11 Main to help expand our community. To facilitate this exchange, you grant each user of the Site a non-exclusive, perpetual license to access your Content through the Site, and to use, edit, modify, reproduce, prepare derivative works of, display, and distribute such Content, including after your termination of your Account or the Services. The foregoing does not transfer any ownership rights between you and other users of 11 Main, and excludes any use of Content or derivative works thereof for sale of products by other users on 11 Main or in any other sales channel.
4. BUYER TESTIMONIALS
Buyer testimonials are an important part of a consumer marketplace. To facilitate this exchange, you grant each merchant with whom you communicate a non-exclusive, perpetual license to access your communications (“Merchant Communications”) through the Site, and to use, edit, modify, reproduce, prepare derivative works of, display, and distribute such Merchant Communications, including after your termination of your Account or the Services. The foregoing does not transfer any ownership rights between you and other users of 11 Main, and excludes any use of Merchant Communications or derivative works thereof for sale of products by other users on 11 Main or in any other sales channel. You may revoke this license at any time by contacting 11 Main Customer Service and requesting revocation of the merchant’s license to display your communication.
4. LICENSE TO YOU
1. LICENSE TO USE SITE
2. LICENSE RESTRICTIONS, SPAM
3. CONTENT DISCLAIMERS
11 Main does not control the Content provided by users that is made available on 11 Main. You may find some Content to be offensive, harmful, inaccurate or deceptive. There are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using 11 Main, you accept such risks. 11 Main (and 11 Main's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on 11 Main. Please use caution, common sense, and practice safe buying and selling when using 11 Main.
11 Main is not responsible for the availability of outside websites or resources linked to or referenced on the Site. 11 Main does not endorse and is not responsible or liable for any content, advertising, products, or other materials on, or available from such websites or resources. 11 Main will not be responsible or liable, directly or indirectly, for any damage or loss caused, or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
5. IDEA SUBMISSIONS
11 Main considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site, or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the "Material") to be non-confidential and non-proprietary, and 11 Main will not be liable for the disclosure or use of such Material. If, at 11 Main's request, any member sends Material to improve the site (for example through the Forums or to customer support), 11 Main will also consider that Material to be non-confidential and non-proprietary, and 11 Main will not be liable for use or disclosure of the Material. Any communication by you to 11 Main is subject to this Agreement. You grant 11 Main, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including, but not limited, to incorporating it in an API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
6. RESTRICTIONS ON CONTENT AND ACTIVITY
11 Main and its community of users work together to keep our sites, services, applications, and tools working properly and the Community safe. Please report problems, offensive content and policy violations to us.
You are solely responsible for your conduct and activities on, and regarding to 11 Main and any and all Content that you submit, post, and display on 11 Main. In addition to the following, you will be bound by our Member Rules.
1. CONTENT RESTRICTIONS
You will not (and will not permit any third party to) either (x) take any action or (y) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Site, including without limitation any Content, that:
i. infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity, or violates any law or contractual duty (see our Copyright Policy);
ii. you know is false, misleading, untruthful or inaccurate;
iii. is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by 11 Main in 11 Main's sole discretion;
iv. violates any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
v. Contain items that have been identified by the U.S. Consumer Products Safety Commission as hazardous to consumers or subject to a recall;
vi. constitutes unauthorized or unsolicited advertising, junk or bulk email ("spamming");
vii. contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment, or to damage, or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
viii. would appear in inappropriate categories or areas on our sites and services;
ix. impersonates any person or entity, including any of our employees or representatives; or includes anyone's identification documents or sensitive financial information.
x. includes anyone's identification documents or sensitive financial information.
2. INFRASTRUCTURE RESTRICTIONS
You will not (directly or indirectly): (i) take any action that imposes or may impose (as determined by 11 Main, in 11 Main's sole discretion) an unreasonable or disproportionately large load on 11 Main's (or 11 Main's third-party providers') infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; (iii) bypass, circumvent or attempt to bypass or circumvent any measures 11 Main may use to prevent or restrict access to the Site (or other accounts, computer systems or networks connected to the Site); (iv) run any form of auto-responder or "spam" on the use of the Site; (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site; (vi) or harvest or scrape any Content from the Site.
3. TECHNICAL RESTRICTIONS
You will not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site (including, without limitation, any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You will abide by all applicable local, state, national, and international laws and regulations.
4. LEGAL RESTRICTIONS
You will comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any 11 Main service, and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items.
5. 11 MAIN REMEDIES
Without limiting other remedies, we may, without notice, and without refunding any fees, in our sole discretion, limit, suspend, or terminate our services and user accounts, prohibit access to our sites, services, applications, and tools, and their content, delay or remove hosted content, and take technical and legal steps to keep users from using our sites, services, applications, or tools, if we suspect (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) that a user is:
- creating problems or possible legal liabilities,
- infringing on the intellectual property rights of third parties, or
- acting inconsistently with the letter or spirit of our policies (for example, and without limitation, conducting off-11 Main transactions, manipulating your online reputation, circumventing temporary or permanent suspensions, or harassing our employees or other users).
Updated: February 12, 2015