Content Eleven LTD (“Content Eleven” or “we”) offers a platform for registered Users (“you” or “Users”, which include both licensees (“Buyers”) and licensors (“Sellers”) to license Content (defined below) in an online Showcase. Buyers can create and publish “Briefs” for requesting specific types of Content and Sellers can submit Content in response to a Brief, for possible license. Content Sellers can upload their Content to a brief where such Content may be licensed by Buyers directly from the Seller. Further information on how Users can upload Content, submit Content, and license Content can be found below or in our FAQ’s.
YOU AGREE THAT DISPUTES BETWEEN YOU AND Content Eleven WILL BE RESOLVED EXCLUSIVELY BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASSWIDE ARBITRATION. FOR FURTHER INFORMATION PLEASE CONSULT THE “ARBITRATION” SECTION BELOW.
You must be at least 18 years and above to register to use The Platform. Users above the age of 16 may use the website with the consent of their parents. Content Eleven, without any further liability, will immediately terminate any accounts which do not meet this age criteria. Due to tax implications surrounding VAT, all buyers must reside in the United Kingdom of Great Britain and Northern Ireland. If you are registering to use The Platform on behalf of a legal entity, (i) you must be the authorised representative of such entity; and (ii) with respect to any Buyer, have the full power and authority to bind Buyer to the License Grant; and (iii) if Buyer subsequently disputes such power or authority, you shall be liable for any failure of Buyer to comply with the terms of this Agreement.
Content Eleven may, in its sole discretion, refuse to offer The Platform to any person or entity and may change the eligibility criteria at any time with or without notice
Content Eleven takes reasonable measures to ensure that The Platform is accessible 24 hours a day, seven days a week but does not guarantee that the Services will always be free from errors or downtime. We reserve the right, at our discretion, to take necessary technological, maintenance or security measures that may affect the accessibility of Service, including a shutdown of The Platform upon issuing a reasonable notice to the Users. We will store digital files (including but not limited to images, graphics, audio and video clips, text and data (collectively, and including all Showcase Content and Profile Content, “Content”) uploaded by a User to The Platform in the same format as uploaded, but we will not be responsible for any loss, damage or alteration of the Content that occurs during the file transfer to or from our servers.
By uploading Content to the Site, sellers expressly grant Content Eleven a perpetual, non-exclusive, worldwide right and license (with the right to sublicense) to use, play, record, mix, edit, reproduce, remaster, convert to a different format, display, copy, transmit, reformat, resize, create collective works and distribute such content for any purpose on, or in connection with, the Site or the promotion thereof, or for Content Eleven’s business, business divisions, or for User discussion purposes, in any media now known or later developed, including “Exclusive” content as expressed in the content licences produced by Content Eleven and distributed to the buyers. seller represents and warrants that you will not upload any content to which you do not have the full right to grant the license specified in this Section and that Content Eleven (and its sub-licensees) shall be free to exercise the rights to your content granted by you herein without obtaining permission or license from any third party and without reference to you or any other person. Such rights shall include, but not be limited to, the right to:
SELLERS AGREE TO KEEP CONTENT ELEVEN INDEMNIFIED AGAINST ANY LOSS OR LIABILITY ACCRUING BASED ON THIRD PARTY CLAIMS OVER THE SELLER’S CONTENT.
You are solely and fully liable for all conduct, Content, Briefs, User profiles and transactions that are made under your username and password. You are solely responsible for keeping your passwords safe and secure. You agree that while using The Platform you will comply with the following rules:
You will not interfere with or disrupt the servers or networks connected to The Platform;
You will not transmit through The Platform any unlawful, harassing, libelous, privacy invading, abusive, discriminatory, threatening, defamatory, vulgar, racist, or otherwise harmful material of any kind, including without limitation Content that depicts nudity, sexual conduct or violence;
You will not violate any applicable local, national, European or international law, statute, ordinance, rule or regulation;
You will not upload, post, e-mail, transmit or otherwise make available: (a) any Content or material that infringes upon a third party right, including, without limitation, copyright, trademark right of publicity or privacy or any other intellectual property rights; (b) any advertisements for yourself, your Content or your services; (c) any third party advertisements, including banner exchange services; (d) any software viruses, Trojan horses, worms or any other malicious application or code; or (e) any Content or material which may constitute or encourage conduct that is a criminal offense or civil wrong or otherwise violates any applicable law;
You are legally responsible for the Content you make available on The Platform. Other than the limited license grant, You retain ownership in, and are solely responsible for, the Content you post;
You will not impersonate any person or entity, or make any false statement regarding his, her employment, agency or affiliation with any person or entity;
You will not scrape or otherwise use any data mining, robots, or similar data gathering or extraction methods (except as may be the result of standard search engine protocols or technologies used by a search engine with our express consent).
You will not solicit, create or submit unwanted email, comments, messages or other forms of commercial or harassing communications (a/k/a “spam”) to any other user. For the purposes of clarity, once you have posted a Brief or submitted Content to a Brief, you may not attempt a commercial transaction privately off of the Content Eleven platform.
In the creation of an account Sellers and Buyers may post URLs in user profile information and Brief details, however, you must not use domain names or web URLs in a Content Eleven username without Content Eleven’s prior written consent.
You will not create false identities in order to circumvent Content Eleven promotional programs to earn money, purchase your own Content, post political or promotional opinions, slander other users, or encourage fraudulent behavior. Such behavior will result in a removal of the User account.
You will not do, or cause a third party to commit any act that binds Content Eleven and you will not represent yourself as an Agent of Content Eleven.
You will abide by these terms and conditions, Brief creation and Content submission requirements as described in the FAQ's, including without limitation the information concerning Releases.
We don't allow our buyers and sellers to use Content Eleven to contact each other to make offers to buy or sell content outside of Content Eleven. Also, buyers and sellers can't use information obtained from Content Eleven to contact each other about buying or selling outside of Content Eleven. Content Eleven will not resolve any disputes for transactions carried out outside Content Eleven.
Sellers are liable for fees arising out of all sales made using some or all Content Eleven Services, even if sales terms are finalised or payment is made outside of Content Eleven.
If you receive an offer to buy or sell outside Content Eleven, please report it by emailing us at email@example.com.
Make sure you follow these guidelines. If you don't, you may be subject to a range of actions, including limits of your buying and selling privileges, restrictions on listings and account features, suspension of your account, application of fees, and recovery of our expenses in policy monitoring and enforcement.
Any contact made by any party who has an account with Content Eleven with any user outside the platform for trading purpose of the respective image, audio and/or video uploaded on the platform, future transactions and other activities as indicated herein below shall have committed an illegality and fraud towards Content Eleven and risks having their respective accounts closed and legal action shall be taken against them in accordance with the provisions of this terms and conditions.
Further, any party that is defrauded outside this platform for failure to adhere to this terms and conditions shall indemnify Content Eleven from any claim, losses, damages and/or consequential damages, obligations, liabilities, costs and expenses (including but not limited to reasonable legal fees) arising from your negligence, non observance of this terms and conditions and non-use of the Platform as required herein
Some examples of activities that aren't allowed include:
Using User contact information obtained from Content Eleven or using any Content Eleven system to offer to sell any content outside of Content Eleven.
Posting or displaying contact information in a listing, including email, phone number, and mailing address, without the permission of Content Eleven or except as required by law.
Cancelling an offer to sell to a buyer who found the content on Content Eleven.
Ending a brief early to buy the content found through Content Eleven off-site.
Including contact information or an offer to buy or sell content outside of Content Eleven within an email message or other communication to a Content Eleven user.
In your communications with another Content Eleven User, you can't refer to or promote your personal website (including links to homepage web addresses that promote websites outside of Content Eleven), sales outside of Content Eleven or other businesses.
The best way to tell if you're actually transacting on Content Eleven is:
1. Open a new browser and type www.ContentEleven.com.
2. Click My Account at the top of the page and sign in.
3. Check to see that the content you've bought, or sold appears in the Purchase History or Sell sections.
If your transaction doesn't show up in My Account, then you didn't buy or sell the content on Content Eleven.
Offers to buy or sell outside of Content Eleven are a potential fraud risk for both buyers and sellers, and are not protected by Content Eleven. Additionally, these offers may be an attempt to avoid Content Eleven fees. This is unfair to other sellers and is in breach of our policies.
Buyers can Post a Brief for certain types of Content following the instructions detailed within The Platform and in the Content Eleven FAQ's. Content Eleven retains the discretion to consider and request modification of any posted brief. Sellers may need to reach a certain user level before they can respond to and participate on a Brief.
The only way to purchase content on the site is through creating a brief. Unfortunately Showcase content is unavailable for purchase at this time. If a Buyer would like to purchase content from the showcase, they should take note of the seller of the content on the showcase and either ask them to join a brief the buyer currently has running or start a new brief and invite the seller to contribute to the new brief.
Content uploaded to a Sellers' profile as samples of their work (“Profile Content”), but not included in the Showcase, cannot be made available for license to Buyers. Content Eleven, in its sole discretion, may review any Content submitted by Sellers to their profile and include it in the Showcase, unless the content is part of a private brief and therefore won’t appear on the showcase. Under no circumstances shall Content Eleven compensate Buyers who license Profile Content that is not chosen for the Showcase. More information regarding the use of Your profile, managing your Profile Content and maximising your licensing opportunities, can be found in our FAQs. Our creative editors review all Photographers, Videographers and audio producers before they can submit to a Buyer's Brief. This ensures the highest quality standards for Buyers. Please do not include your own watermarks in uploaded Content. Content uploaded to Content Eleven are automatically watermarked to ensure your copyright protection. When a Buyer licenses Content hereunder, the watermark is removed when the Content is downloaded. If you upload Content with your own watermark there may be technical or attribution issues, and opportunities for alicense may be diminished.
We charge a fee to the buyer on every individual asset bought through the Content Eleven site. If you incur a fee, you'll be able to review and accept terms that will be clearly disclosed at the time you buy the content. Our fees are quoted in Pounds Sterling, and we may change them from time to time. We'll notify you of changes to our fee policy by posting such changes on the Content Eleven website. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service.
Content Eleven will not remove any attribution with respect to Sellers' Content uploaded to The Platform if provided by Seller. Buyers agree that it shall provide attribution to the Seller in connection with any editorial use of Content licensed via Content Eleven unless the Seller waives any right to attribution directly. Notwithstanding the above, Content Eleven shall not be responsible if the Buyer fails to credit the Seller.
Each Buyer that purchases Content creates a Brief or each Seller that uploads Content to The Platform agrees to grant the following licenses where applicable:
B. License To Content Eleven for the Showcase: A worldwide, royalty-free, transferable license to sub-license, reproduce, distribute, publish, transmit and display (in whole or in part) and to create derivative works of the Content uploaded by Sellers (collectively 'use') with the right to grant sublicenses to licensees to use the Content, in all media throughout the world, for all legal purposes, other than those uses prohibited below under Prohibited Uses. This grant of rights includes the right to permit Content Eleven to use The Platforms of third-party distributors to offer selected Content for licensing.
By way of example only, as part of the License Grant to a Buyer, the Buyer is permitted to:
As an intermediary, Content Eleven will be responsible for providing licenses on behalf of the buyers and the sellers. The parties acknowledge that the role of Content Eleven in the grant of licenses shall be limited to that of a channel. Content Eleven, therefore, is not liable in any way for the licenses and the parties agree to hold Content Eleven harmless and indemnify it against all losses arising out of Licence related claims
For the license relationship and liability between the parties, please refer to the terms of the license agreement attached to this link.
This license is a limited license. Buyer may not:
Use the Content in any pornographic, defamatory or otherwise unlawful manner, whether directly or in context or juxtaposition with specific subject matter.
Use any Content featuring a model or property in connection with the endorsement of any product or service or a subject that would be unflattering or unduly controversial to a reasonable person, without accompany each such use with a clear and conspicuous statement that indicates that (i) the Content is being used for illustrative purposes only, and (ii) any person depicted in the licensed Content, if any, is a model.
Use any Content for commercial purpose, featuring an identifiable trademark, person or property that the Seller has NOT obtained the explicit permission. For the purposes of clarity, you MAY NOT use any photo, video or audio with recognisable people or property for COMMERCIAL PURPOSES (as to promote a product or a service) where the photo, video or audio's permissions status is marked "No or Not Applicable. Editorial Use Ok."
Outside of derivative works created with the Content; sublicense, sell, assign, convey or transfer any rights granted to the Content under this Agreement, including the use in any competitive Service;
Incorporate the Content into a logo, trademark or service mark as to stake claim of copyright to the Content;
Make the Content available (separate from the end product into which it is incorporated, e.g., on Content Eleven, another stock Library site, social media site or otherwise) in any medium accessible by persons other than the User;
Sell, license or distribute any end product containing the Content in a way that is intended to allow or invite a third party to download, extract or access the Content as a standalone file;
Without obtaining an additional license or other direct permission, use or display the Content in any medium designed to induce or involve the sale, license or other distribution of "use on demand" products where the Content is the main focus of the product (e.g., products in which Content, alone, is selected by a third party for customisation of such product on a made-to-order basis, including, by way of example only, on-demand postcards, mugs, tee shirts, prints, greeting messages, and other items);
Falsely represent, expressly or implied, that User is the original creator of a work that derives a substantial part of its artistic components from the Content as this would infringe on the copyright of the original artist; or
For the sole purpose of sharing or transferring Content without a license, make the Content available to a third party on a digital asset management system, shared drive or file sharing service.
Seller grants, for a period of thirty (30) days, a non-exclusive, non-sublicensable, non-transferable and non-assignable right to use any selected Content made available to Buyers, and any derivatives or copies created (collectively, the "Licensed Content"), on a personal computer and, in any test, sample, comp or rough cut evaluation materials. The Content may only be used by a Buyer non-commercially, in materials for personal evaluation purposes or sample use only, including layouts.
Subject to Seller full consent and full payment by Buyer, and in the case where Buyer works directly with Seller, Buyers may purchase all rights to the Content, and the full copyright to the Content, and as such, the Buyer shall be considered the author and shall be the owner of the content. In the case of a Buyout, all rights, title, and interest in and to the Content including any Copyright and Moral Rights are owned exclusively by Buyer. For purposes herein, Moral Rights shall mean any rights to claim authorship of a work, to object to or prevent any modification of a work, to withdraw from circulation or control the publication or distribution of a work, and any similar right, existing under judicial or statutory law of any country in the world, or under any treaty, regardless of whether or not such right is called or generally referred to as a “moral right.” The Seller shall transfer and assign to the Buyer, and shall waive and agree never to assert, any and all Moral Rights with respect to the Content, even after termination of this Agreement.
Licensed Content may be offered by the Seller for an exclusive licensing period (the 'Exclusive Period') to any Buyer, during which the licensed Content will not be offered to other Buyers on The Platform or anywhere else. Exclusivity terms may vary and will generally command higher prices than non-exclusive licenses. Please confirm any exclusivity with the Seller before completing your license for any Content. If the Content is licensed on an exclusive basis and is reproduced by the Buyer on a social media or other third party web site in a manner permitted by the license, the exclusive rights granted shall automatically be revoked in the event that the third party website seeks to exploit purported rights to the Content contrary to the terms of this Agreement.
All licenses to the Content granted by a Seller to Content Eleven according to the above shall automatically terminate when the Seller or Content Eleven, as the case may be, removes or deletes the Content from The Platform. Termination or removal of Content by a Seller shall not affect any previously granted licenses to Buyers. Please review our FAQs for more information regarding management of Your Content and your profile.
For any Content licensed, the Buyer agrees to pay the amount posted on the Brief or associated with the Content by way of posted amount (“License Fee”) in British Pounds, GBP; and buyer and or seller agrees to pay a separate transaction fee to Content Eleven for the use of The Platform (“Transaction Fee”). Transaction Fees are set to 0% for the seller and 9% for the buyer. Content Eleven will work hard to keep the platform free for Sellers as long as it’s financially viable to do so. Transaction Fees and posted amounts can vary between licenses from a Brief and can be reviewed on the Content Eleven Payout Schedule which may change from time to time. Please note: Payments to sellers will be processed automatically when payment is received from the seller but may take up to 15 business days for a seller to receive the money due. Payments may not be released to the Seller until all licensing fees and transaction fees are collected to from the Buyer, and at such time, the Seller's earning will be made available.
Payment of License Fees. License Fees are collected directly by Content Eleven via the payment facilitator at the time the transaction occurs or when a Third Party Partner sells Content. The Transaction Fees are automatically deposited into Content Eleven’s account and then distributed to Sellers via the Seller’s chosen Content Eleven-supported payment facilitator. The timelines for depositing are in accordance with facilitator’s usual processing times. All sales are final and there is no cancellation once a license transaction has occurred. License Fees paid to the Seller for the Content is taxable income in most countries. Sellers who receive License Fees shall be liable for ensuring that all payments of tax and other payments are duly remitted in accordance with the applicable legislation of their country and region.
Content Eleven does not employ Users in any way. All users will be considered independent Contractors for tax purposes. As such, Content Eleven will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer’s liability, social security or payroll withholding tax in connection with Your use of The Platform or any transactions in connection therewith. You understand and agree that if Content Eleven is found to be liable for any tax or withholding tax in connection with Your use of The Platforms, then you will immediately reimburse and pay to Content Eleven an equivalent amount, including any interest or penalties thereon.
Acceptance of an “Offer” and payment of the deposit will be taken as acceptance of the following terms and conditions. Please contact us if you want to chat through any of the points below.
Buyers and sellers agree that no creative or development work by the sellers will commence until Content Eleven Ltd has received a deposit of 100% of the agreed costs, including the Content Eleven fee. This ensures that the Sellers and Buyers money and work is protected and that guarantees that payment will be made on completion of the work to a satisfactory standard and as agreed in the Offer.
Sellers agree to do their very best to ensure that agreed timelines are adhered to, but buyers please be aware that circumstances, amends requested, or additional requirements may potentially result in delays. Sellers Timelines provided in the offer are estimated and sellers will not be held liable if the project over-runs due to delays caused by the buyer passing information or approval, or any third party issues or force majeure (act of God)
N.B If an agreement can not be made by the buyer and seller then the only option is to enter the dispute resolution process. No other course of action will be permitted to resolve disputes and no refunds, compensation or any other remuneration will be bestowed to either the buyer or seller in any other way other than through the Content Eleven Dispute Resolution Process. Decisions made by our dispute resolution team are final, there is no appeal process or further recourse possible and the dispute will be deemed permanently resolved.
Content Eleven represents and warrants that the Content (as submitted and unaltered by Users) that is downloaded and used in full compliance with this Agreement and applicable law will not infringe any copyright, trademark or other intellectual property rights, and such unaltered Content does not violate any third parties' rights of privacy or publicity; and (b) unaltered Content does not and will not: (i) violate any United Kingdom, European Union or International law; (ii) be defamatory or libelous; or (iii) be pornographic or obscene.
Upon notice from Content Eleven, or upon your knowledge that any Content is subject to a threatened, potential or actual claim for which Content owner or Content Eleven may be liable, you must immediately and at your own expense (a) stop using the Content; (b) delete or remove the Content and any uses of the Content from your premises, computer systems and storage (electronic or physical); and (c) ensure that your clients, partners and any entity to whom you’ve provided Content do likewise.
OTHER THAN AS SET FORTH IN INDEMNIFICATION ABOVE, The Platform IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. CONTENT ELEVEN AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT OWNERS DO NOT WARRANT THAT: (A) THE PLATFORM WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE PLATFORM WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE PLATFORM IS SOLELY AT YOUR OWN RISK.
IN NO EVENT SHALL CONTENT ELEVEN, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT OWNERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE PLATFORM (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION).
Content Eleven has adopted and implemented the Content Eleven Copyright Policy in accordance with the Digital Copyright Notice For more information, please read our Copyright Policy.
The Platform may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Content Eleven. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from Content Eleven, you do so at your own risk and you agree that Content Eleven will have no liability arising from your use of or access to any third-party website, service, or content. The Buyer assumes the obligation of verifying the accuracy of the information displayed on third-party websites.
Content Eleven has the right, at its expense, to determine in its sole and reasonable discretion, without obligation, if, and when, any legal action shall be pursued with regard to the Content offered on its own website, and to defend claims and counterclaims related to infringements of the Content. Content Eleven shall have complete discretion regarding its choice of lawyer or service for claims based on infringements. Settlements shall not be subject to the Seller’s prior approval. A Seller agrees to cooperate with Content Eleven, providing, if Briefed, all reasonable assistance to Content Eleven. Seller agrees to be named in and be joined in as a party to any proceeding in connection with the prosecution or defense of any legal claim. However, the Seller shall not hold Content Eleven responsible for any misuse of the Content. If Content Eleven chooses not to pursue any such claims, then the Seller is free to pursue such claims him or herself and is entitled to 100% of any compensation he or she receives. Otherwise the all settlements shall be subject to 50% of any settlement collected by Content Eleven.
The award rendered by the arbitrator shall include costs of arbitration, reasonable Lawyer' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorised access to The Platform.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND CONTENT ELEVEN ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Buyers and Sellers shall settle conflicts amongst themselves through negotiation and mediation. If for any reason this fails or if you encounter non-permitted usage on the Site, users can contact Content Eleven's Customer Support department for assistance here.
Filing a transaction dispute or reversing a payment through your payment provider or your bank is a violation of these Terms of Service. Doing so may get your account temporarily disabled to investigate possible security violations. Note: once you have filed a dispute with your payment provider, the funds will be ineligible for a refund due to our obligations towards the payment provider.
In the event that a buyer or seller encounters an issue related to the service provided in an order, you are encouraged to use the Site's dispute resolution process to attempt to resolve the matter.
Content Eleven reserves the right to cancel orders or place funds on hold for any suspected fraudulent transactions made on the Site.
All transfer and assignment of content to the buyer shall be subject to full payment for the content.
If an offer is canceled (for any reason), the funds paid will be refunded to the buyer.
Changes to offers can be performed by sellers based on the seller’s “offer” terms. Sellers may determine a number of Changes offered to buyers, including no Changes.
Requests for changes can be performed through the “Offer” process while the order is marked as in review.
Requesting to gain more services from sellers beyond the agreed offer by using the Request Changes button is not allowed.
Content Eleven encourages Buyers and Sellers to resolve disputes mutually using the messaging services.
Eligibility for requests to Content Eleven to cancel an order will be assessed by our Customer Support team based on a number of factors, including violations of our Terms of Service, general misconduct, and improper usage of the Content Eleven site. See below for Order specific eligibility.
Completed offers may be canceled, upon review of our Customer Support team, up to 7 days after the order is marked as complete.
Offers are not eligible to be canceled based on the quality of service/content delivered by the seller if the service was rendered as described in the sellers offer.
Buyers must use Content Eleven Dispute Resolution Process to address their concerns and desired resolution related to the service provided by their seller. Customer Support will not take any action against Offers where the buyers failed to inform their seller of issues related to the seller’s service and will allow sellers to provide a resolution first. This does not include non-permitted usage of the Content Eleven site.
Any non-permitted usage of the Content Eleven site encountered during an Offer process, after being reviewed by our Customer Support team, may result in the order being canceled. This includes, but not limited to; harassment, unlawful behavior, or other violations of Content Eleven’s Terms of Service.
Content Eleven Customer Support will cancel offers based on, but not limited to, the following reasons:
The seller is late in submitting content and unresponsive for more than 24 hours while the offer is still active after the agreed delivery date.
Users are abusive towards the other party or leveraging offer materials (such as logins, content, licences, personal information) against each other.
Users supplied or included copyright/trademark infringing materials as part of the Buyer requirements or the seller’s submissions.
The user is no longer an active Content Eleven user due to Terms of Service violations or closure of their account.
Upon the Buyer awarding an Offer project to the Seller, and the Seller's acceptance of the website or the purchase or payment of a deposit for content by a Buyer, the Buyer, and the Seller will be deemed to have entered into a user contract under which the Buyer agrees to purchase, and the Seller agrees to deliver the content. The seller agrees not to enter into any contractual provisions in conflict with the offer. The seller is solely responsible for ensuring that they comply with their obligations to the buyer. If you do not, you may become liable to the buyer. You must ensure that you are aware of any domestic laws (including common law), international laws, statutes, ordinances and regulations relevant to you as a Buyer or Seller, or in any other uses you make of the Content Eleven website. If another user breaches any obligation to you, you are solely responsible for enforcing any rights that you may have. Depending on their jurisdiction, Sellers and Buyers may have rights under statutory warranties that cannot lawfully be excluded. Nothing in these terms is intended to override a right that by applicable law may not be excluded. Each user acknowledges and agrees that the relationship between Seller and Buyer is that of an independent contractor. Nothing in these terms creates a partnership, joint venture, agency or employment relationship between users.
It is agreed by you that you will make every endeavor to fair play and post reasonable and fair demands/offers on your dispute.
The Buyer and Seller acknowledge and agree that in the event that a dispute arises between themselves in relation to any content or service the aggrieved party will first attempt to resolve any differences that (s)he has including in relation to the quality of the services provided through the messaging service.
If the aggrieved party continues to have any difficulties or problems in relation to a dispute with the other party, the only further option is for the parties to contact us and request us to enter into the mediation process.
N.B Content Eleven will either agree with the Buyer or agree with the Seller. There is no middle ground and their decision is final .There is no appeal process within this internal dispute resolution process and the dispute will be permanently considered resolved in accordance to this agreed process. If any party is aggrieved by the decision of Content Eleven, they shall follow the Alternative Dispute Resolution as described herein and they shall indemnify Content Eleven from any claims, demands, and damages, actual and consequential, of every kind and nature, known and unknown, that is related to such a dispute, our determinations or the use of the dispute resolution services for payments and/or for other disputes.
When making a decision on disputes Content Eleven will take into account Seller’s profile and the answers Sellers gave to the questions asked during the Content Eleven sign-up process. If a seller is deemed by Content Eleven to have provided false, misleading or incorrect information this will have an effect on the decision our dispute resolution team will make.
If a dispute arises between you and Content Eleven, our goal is to address your concerns and, if we are unable to do so to your satisfaction, to provide you with a means of resolving the dispute quickly. We strongly encourage you to first contact us directly to seek a resolution by emailing us at support@ContentEleven.com. For any claim, Content Eleven may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. If Content Eleven elects arbitration, such arbitration will be initiated through an established alternative dispute resolution. The arbitration provider and the parties must comply with the following rules:
The arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration;
The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties;
Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
All claims you bring against Content Eleven must be resolved in accordance with the terms of this terms and conditions. All claims filed or brought contrary to this terms and conditions shall be considered improperly filed and a breach of this terms and conditions. Should you file a claim contrary to the terms of this terms and conditions, Content Eleven may recover its legal fees and costs (including in-house lawyers and paralegals); provided that Content Eleven has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim. If any proceeding by or against you is commenced under any provision of any bankruptcy or insolvency law, Content Eleven will be entitled to recover all reasonable costs or expenses (including reasonable legal fees and expenses) incurred in connection with the enforcement of this agreement. Content Eleven's failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
Your privacy is important to us. To better protect your privacy we provide this notice explaining our online privacy practices and the choices you can make about the way your information is collected and used.
We will collect personal information about you such as your name, age, credit/debit card, address and demographic information.Our site collects non-personally identifiable information about you, such as the server your computer is logged onto and your browser type.
When you supply any personal information to Content Eleven we have legal obligations towards you in the way we deal with that data under the Data Protection Act of 1998. We must collect the information fairly, that is, we must explain how we will use it and tell you if we want to pass the information onto anyone else. Content Eleven will only disclose Personally identifiable information (PII) if required to do so by law. With that exception, under no circumstances will we share single user or aggregated demographic data without the explicit consent of our users.
To prevent unauthorised access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
We will always hold your information securely to prevent un-authorised disclosure and access to your information. For that purpose, we have employed strong physical and electronic security safeguards in accordance with the Data Protection Act 1998
Our website may contain links to other websites. Please note that we have no control over websites outside our domain. If you provide information to a website in which we link, we are not responsible for its protection and privacy. You will be responsible for reading the site’s data, protection, and privacy policies in full.