Updated: September 25, 2014
Introduction
This website is owned and operated by Studio Wah Exhibitions, LLC, doing business as the 11th Department (“11th Department”). Throughout the site, the terms “11,” “we,” “us,” “SWE,” and “our” refer to 11th Department. 11th Department offers this website, including all information, features and services available from this website, to you the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here. Your continued use of the website constitutes your agreement to all such terms, conditions, policies and notices.
Consent to Terms
Please read these Terms of Use before using 11th Department or any features of this site, including, but not limited to, the 11th Department Store, Content Feeds, other syndicated distribution of content, Podcasts, API Content, widgets, the 11th Department Forum and other social networking features (collectively, the "11th Department Web Site" or the "Service"). By using the Service, you agree to be bound by these Terms of Use and the Privacy Policy. If you do not agree to these Terms of Use and the Privacy Policy, please exit the Service and do not use the Service or any of its features. We reserve the right, at our discretion, to modify, add or delete portions of these terms at any time by posting updated Terms of Use and/or an updated Privacy Policy on the 11th Department Web Site. Please check these Terms of Use and the Privacy Policy frequently for updates. Any modifications, additions or deletions to these Terms of Use or the Privacy Policy shall be effective immediately upon posting. Your continued use of the Service following the posting of updated Terms of Use or an updated Privacy Policy will mean that you agree to those changes.
Please note that these Terms of Use and the Privacy Policy are separate and distinct from the terms of use and privacy policy governing other SWE Web Sites, and the Web Site that may link to or from the 11th Department Web site.
Copyrights
This site (including but not limited to software, files, graphics and data found on the site) is the property of and owned by 11th Department or its licensors and is protected by copyright, trademark and other laws of the United States and other countries. You may display and electronically copy, download and print hard copy versions of the material contained on the site for your personal and noncommercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you copy, download or print. When you display, copy, download or print any material on or from the site, it is provided to you by 11th Department or its licensors under a license that is revocable. 11th Department and its licensors retain full and complete title to the material on this site and to any and all of the associated intellectual property rights. You may use the Content Feeds, API Content, Podcasts and other features of the 11th Department Web site only as expressly permitted in the relevant paragraphs below in these Terms of Use. No quotes from any material on the 11th Department Web site may be used in any media without attribution to 11th Department. Any other use of the material on the site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the site is expressly prohibited.
Any other use of 11th Department content requires prior written permission from 11th Department. For permission requests, email permissions(at)11thdepartment.com.
Trademarks
11th Department logo are service marks of SWE. All rights are reserved by the respective owners. You may not use any 11th Department-provided service marks, logos or graphics, without 11th Department's prior written consent, except that you shall have the right, and obligation, to use any 11th Department, 11th Department member station or other Content Provider service mark or logo included in, or required to be used in connection with, API Content, Content Feeds, 11th Department's Media Player, or other functionalities of the 11th Department Web Site, subject to the requirements set forth in these Terms of Use for the use of the API Content, Content Feeds or other functionalities of the 11th Department Web Site.
User Materials
You acknowledge that you are responsible for any submission you make, including the legality, reliability, appropriateness, originality and copyright of any such material. You represent, warrant, and agree that you own all rights to the content you post or otherwise control sufficient rights to grant the rights you grant by these Terms of Use; that the content is accurate; that use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity; that you will not upload to, distribute or otherwise publish through this site any content that (i) is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable, (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law, or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” If you submit any video content through this site, you further represent, warrant and agree that you have written consent or permission of each identifiable individual in such content to use their name and likeness and grant the rights you grant in these Terms of Use. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content. You may not upload commercial content onto the site unless you have being authorized to do so. If you do submit material, and unless we indicate otherwise, you grant 11th Department and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media now known or hereafter invented. You grant 11th Department and its affiliates the right to use the name you submit in connection with such content, if they so choose. All personal information provided via this website will be handled in accordance with the site’s online Privacy Notice.
We reserve the right to screen, refuse to post, remove or edit User Materials at any time and for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to do so. If we elect to screen User Materials, there may be a delay in the posting of such content to allow for a review process. If we have questions about your User Materials, we have the right, but not the duty, to contact you for further information, including, for example, to verify that you own the copyright or otherwise have the rights to post the User Materials.
You retain the copyright and other ownership rights in any User Materials that you submit on or through the 11th Department Web Site. However, by submitting User Materials on or through the 11th Department Web Site, you hereby grant 11th Department and their respective licensees a non-exclusive, perpetual, royalty-free, worldwide, transferable license to use, copy, sublicense, modify, transmit, publicly perform, display, create derivative works of, host, index, cache, tag, encode, and/or adapt your User Materials in any and all media formats or channels, whether now known or hereafter devised, including, but not limited to, the 11th Department Web Site, third party licensee web site, in print, and on mobile platforms, without payment and without further consent or notice to you. You further grant 11th Department and their licensees the right to contact you in connection with your User Materials and to use your name, city and state and other information that you have provided in connection with the User Materials.
In addition, you grant each user of the 11th Department Web site and other Content Providers Web site, a non-exclusive, royalty-free, worldwide license to access your User Materials on or through the 11th Department Web site and other Content Providers Web site to use your User Materials pursuant to these Terms of Use and the terms of use of member station website, and as permitted by the functionality of the 11th Department Web site and member station website (such as through widgets and API Content distribution).
For any User Materials you Submit on or through the 11th Department Web Site, you agree to abide by the Rules of Use for the Service set forth below, the Social Networking Discussion Rules (for User Materials Submitted through the 11th Department Forum or in response to an 11th Department Blog), and these Terms of Use. You further agree to the representations and warranties, and indemnification obligations, set forth in the "Representations; Indemnity" section below.
Framing
11th Department does not allow framing of the 11th Department Web Site.
Links to 11th Department Web Site
11th Department encourages and permits links to content on 11th Department Web site. However, the linking should not (a) suggest that 11th Department promotes or endorses any third party's web site, products or services, or (b) use 11th Department content for inappropriate commercial purposes or in any way that is unlawful or harmful to any other person or entity. We reserve the right to withdraw permission for any link.
Links to Third Party Site
11th Department has provided links to Internet sites maintained by third parties, over which 11th Department has no control. 11th Department does not endorse the content, operators, products or services of such sites, and 11th Department is not responsible or liable for the content, operators, availability, accuracy, quality, advertising, products, services or other materials on or available from such sites. 11th Department shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services available on or through such Site.
Use of Third Party Services
In some cases, 11th Department provides features on its Web site through tools provided by a third party over which 11th Department has no control, influence, or oversight. You should only use these third party tools if you agree to be bound by their respective terms of use. For example, the sharing features on some widgets on 11th Department Web site are available through technology provided by Share ( Gigya). Your use of these sharing features indicates your acceptance of the Share Widget End User Agreement, available here: http://www.gigya.com/public/content/legal/WidgetEUA.aspx.
Jurisdiction
SWE is organized under the laws of the State of New York in the United States of America, and this site is operated in the United States. The laws of the State of New York govern these Terms of Use and your use of the site, and you irrevocably consent to the jurisdiction of the courts located in the State of New York for any action to enforce these Terms of Use. We recognize that it is possible for you to obtain access to this site from any jurisdiction in the world, but we have no practical ability to prevent such access. This site has been designed to comply with the laws of the State of New York and of the United States. If any material on this site, or your use of the site, is contrary to the laws of the place where you are when you access it, the site is not intended for you, and we ask you not to use the site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them. In the event of any legal action arising from or relating to these Terms of Use or your use of this site, you hereby waive the right to a jury trial.
Disclaimer
THE SERVICE AND ANY CONTENT, MATERIALS, USER MATERIALS, FEATURES OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH THE SERVICE ARE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 11TH DEPARTMENT DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DOES 11TH DEPARTMENT MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR ENDORSE, RECOMMEND, OR MAKE ANY WARRANTIES AS TO THE ACCURACY, RELIABILITY OR CONTENT OF, ANY CONTENT, INFORMATION, MATERIALS, USER MATERIALS, FEATURES, SERVICE, PRODUCTS, OPINIONS, OR STATEMENTS AVAILABLE ON OR THROUGH THE SERVICE OR THROUGH LINKS ON THE SERVICE. USE OF THIS SERVICE IS ENTIRELY AT YOUR OWN RISK.
CONTENT ON THE 11TH DEPARTMENT WEB SITE IS NOT INTENDED TO SUBSTITUTE FOR PROFESSIONAL ADVICE OF ANY KIND. IN PARTICULAR, NOTHING CONTAINED ON THE 11TH DEPARTMENT WEB SITE IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING PERSONAL HEALTH OR MEDICAL CONDITIONS. NEVER DISREGARD OR AVOID PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE 11TH DEPARTMENT WEB SITE.
LIMITATION OF LIABILITY
IN NO EVENT WILL 11TH DEPARTMENT, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS OR THIRD PARTY PROGRAM PRODUCERS AND PODCAST PROVIDERS BE LIABLE (A) FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, (B) RELATING TO ANY CONTENT OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH THE SERVICE, OR (C) IN CONNECTION WITH ANY THIRD PARTY CONTENT OR MATERIALS (INCLUDING USER MATERIALS) OR THE DEFAMATORY, INFRINGING, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT WILL 11TH DEPARTMENT, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS OR THIRD PARTY PROGRAM PRODUCERS AND PODCAST PROVIDERS BE LIABLE FOR ANY AMOUNT IN EXCESS OF $100.
Right to Change 11th Department Web Site
11th Department has the right to change the 11th Department Web Site, terminate or cease providing the 11th Department Web Site, or delete content, materials or features in any way, at any time or for any reason or no reason.
Online Shopping
In the event a product available on or through the 11th Department Store is listed at an incorrect price or with incorrect information, 11th Department will have the right to refuse or cancel any orders placed for product listed at the incorrect price. Your receipt of an electronic or other form of order confirmation does not signify 11th Department's acceptance of your order, nor does it constitute confirmation of 11th Department's offer to sell. 11th Department reserves the right at any time after receipt of your order to accept or decline your order for any reason. 11th Department may charge and withhold the applicable sales tax for orders. Otherwise, you are solely responsible for all sales taxes, or other taxes, on orders shipped to you.
Digital Millenium Copyright Act (DMCA) Notices; Copyright Agent
11th Department respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement by any content or material on the 11th Department Web site, please provide the following information in writing to 11th Department's Copyright Agent (see 17 U.S.C. Section 512(c)(3) for further detail):
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright.
2. A description of the copyrighted work that you claim has been infringed.
3. A description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit us to locate the material.
4. Information so that we can contact you, such as address, telephone number and e-mail address.
5. 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 the law.
6. A statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.
If you believe that any content or materials you posted, uploaded or Submitted to the 11th Department Web site, that were subsequently removed from the 11th Department Web site, or to which access was disabled, were improperly removed or disabled, please provide the following Counter-Notification to 11th Department's Copyright Agent (see 17 U.S.C. Section 512(g) for further detail):
1. Your physical or electronic signature.
2. A description of the materials that have been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. Your name, address and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, and that you will accept service of process from the person who provided notification of the alleged infringement.
11th Department's Copyright Agent can be reached at:
Studio Wah Exhibitions, LLC
Phone: (301) 637-4934
Email: copyright(at)11thdepartment.com
International Users
The Service is controlled and operated within the United States. 11th Department makes no representation that content, materials or products available on or through the Service are appropriate or available for use outside of the United States. If you access the Service from a location outside the United States, you are responsible for compliance with applicable laws, including local laws regarding online conduct and content and U.S. export laws and regulations.
Miscellaneous
These Terms of Use, together with the Privacy Policy and Social Networking Discussion Rules, represent the entire understanding of the parties regarding the use of 11th Department and supersede any previous documents, correspondence, conversations, or other oral or written understanding related to the use of 11th Department. These Terms of Use are separate and distinct from the terms of use governing the Web sites that may link to or from 11th Department.
Questions
If you have any questions about the terms of use, please contact 11th Department.