Terms of Use

1. Acceptance and changes

Additional terms presented when you purchase a product, join a program, or participate in The Marketplace apply to that transaction or feature. Our Media Guidelines also apply to public submissions. If there is a conflict, an applicable separate written agreement controls its specific subject matter; otherwise, these Terms control. Section 6 controls the license for Review Content, including reviews of Marketplace products, and Section 7 controls Marketplace products and seller promotional submissions.

We may revise these Terms to reflect changes to the Service, our business, or applicable law. We will post the revised Terms and update the date above. We will give reasonable advance notice of material changes through the Service or other appropriate means, except where immediate changes are needed for legal or security reasons, and obtain renewed acceptance where required. Changes apply prospectively. A revised content license does not expand our rights in previously submitted content without your agreement. If you do not accept revised Terms, stop using the affected Service.

2. Eligibility and accounts

The Service is not directed to children under 13, and children under 13 may not create an account or submit personal information. If you are under the age of majority where you live, a parent or legal guardian must authorize your use and agree to these Terms, including any applicable content license, on your behalf. To submit review photos or videos or sell through The Marketplace, you must be at least 18 and of legal age to enter a binding contract where you live.

Provide accurate account information, keep your credentials secure, and promptly notify support@theory11.com of suspected unauthorized access. You are responsible for activity you authorize and for taking reasonable care to protect your account. Do not impersonate someone else or access another person's account without authorization. We may require information reasonably necessary to verify eligibility, account ownership, or rights in submitted content.

3. Permitted use and intellectual property

You may use the Service for lawful personal purposes and for Marketplace activities we authorize. You may access and download content through the functions and licenses we provide. Except as permitted by those functions, an applicable license, or law, you may not copy, distribute, sell, modify, publicly perform, or commercially exploit the Service or its content. These restrictions do not limit your rights in content you own or your right to give an honest review.

You may not interfere with the Service, bypass access controls, introduce malicious code, impersonate others, harass users, send unsolicited commercial messages, harvest personal information, or use automation that burdens or disrupts the Service. Public search engines may index publicly accessible pages in accordance with our published access instructions, but may not access restricted content.

Except for rights retained by users and other licensors, theory11 owns or licenses the Service, including its text, designs, software, images, and trademarks. All rights not expressly granted are reserved. Buying a product does not transfer the intellectual property rights in it.

4. Purchases and shipping

Prices, currency, available payment methods, shipping charges, and applicable taxes are disclosed during checkout. You authorize the charges for an order you place. Product availability and delivery estimates may change. If a pricing or availability error affects an order, we may contact you to resolve it or cancel the affected order and refund amounts paid for it. We will not charge a corrected higher price without your agreement.

You represent that you are authorized to use the payment method provided. We may verify an order, impose reasonable quantity limits, and refuse or cancel an order for suspected fraud, unauthorized payment, prohibited resale, pricing error, unavailable inventory, or other lawful business reasons. An automated acknowledgment confirms receipt of an order and is not necessarily acceptance; acceptance occurs when we confirm acceptance or dispatch or deliver the product. If we cancel an order after collecting payment, we will refund the affected amount. These provisions do not restrict lawful payment disputes or mandatory consumer rights.

Orders generally ship from the United States unless stated otherwise. Delivery times are estimates, and carriers, customs, weather, and other events may cause delays. You must provide an accurate delivery address; additional shipping costs caused by an incorrect address or an unjustified refusal may be charged where disclosed and permitted by law. Contact support@theory11.com about missing, damaged, or delayed orders. Nothing in these Terms eliminates our obligations concerning shipment, delivery, refunds, or statutory consumer remedies. Unless checkout states otherwise and to the extent applicable law permits, title and risk of loss for physical products pass when the products are delivered to the carrier. Where law requires delivery to you before risk passes, handing a parcel to a carrier does not transfer that risk to you.

The return and refund terms disclosed for your purchase apply, subject to applicable law. Any statutory cancellation, withdrawal, warranty, or refund rights remain available. Digital products are licensed, not sold. Where required, loss of a statutory withdrawal right for an immediate digital delivery depends on your prior express consent and acknowledgment at checkout.

5. International orders

We work with Passport and shipping providers to fulfill international orders. Where checkout identifies Passport as the seller or merchant of record for your order, the applicable Passport entity and the Passport terms presented at checkout govern that role. Passport is not necessarily the seller of record for every international order. Those transaction-specific terms supplement these Terms and do not displace mandatory consumer rights.

We and the relevant providers may use and exchange order, payment, and delivery information to process payment, prevent fraud, arrange shipping, and complete customs clearance, as explained in our Privacy Policy. You authorize the shipping provider and its nominated customs broker to act on your behalf to the extent reasonably necessary to clear and deliver the order and, where applicable, process authorized returns and duty refunds.

You are responsible for import charges disclosed as your responsibility at checkout and additional charges lawfully assessed by the destination authorities that have not already been collected. Amounts collected at checkout for duties or taxes are not payable a second time for the same charge. Available destinations, delivery methods, and treatment of duties and taxes are stated during checkout. Purchases must comply with applicable import, export, and sanctions laws. Contact theory11 first for assistance with an international order.

6. Reviews and other public user content

The following representation and warranty applies to all content you submit, upload, post, transmit, or otherwise provide to theory11 in connection with the Service, whether through reviews, forums, message boards, The Marketplace, email, support communications, or another submission channel, and whether or not you have an account:

By making a submission, you represent and warrant that you own or control the relevant rights, or have obtained all licenses, consents, releases, permissions, and other lawful authority necessary to submit that content and to grant and permit the rights and uses applicable to that submission under these Terms or a separate agreement with theory11. This includes, as applicable, copyrights, trademarks, trade names, service marks, patent rights, trade secrets, and other intellectual property or proprietary rights, together with privacy, publicity, likeness, voice, and performance permissions. Your submission and theory11's exercise of the rights you validly grant must not infringe, misappropriate, or otherwise violate another person's rights or breach an obligation of confidentiality.

Where a use is lawfully permitted without a license, this provision does not require an unnecessary license. However, a right to make your own use of third-party material does not, by itself, establish authority to grant theory11 additional rights, including advertising or promotional rights. You must obtain any additional permissions required for those authorized uses. You are responsible for any third-party fees or royalties necessary to provide the rights you grant, unless theory11 expressly agrees otherwise in writing. On reasonable request, you must provide evidence of rights or permissions you claim to hold and promptly notify us if you learn that they are insufficient or disputed. Section 13 applies to covered third-party claims arising from a breach of this representation and warranty.

This certification does not itself expand the license applicable to a submission or turn private communications into public or marketing content. Review Content, ordinary public submissions, and Marketplace submissions remain subject to their respective provisions below.

6.1. What this section covers

"Review Content" means the ratings, reviews, testimonials, and accompanying comments, photographs, videos, audio, captions, and other material you voluntarily submit through a product-review or testimonial submission feature for public posting, including submissions without an account. It includes the display name and other attribution you choose to make public with the submission. It does not include ordinary forum posts governed by Section 6.8, private customer support messages, payment information, account credentials, or Marketplace products and seller promotional assets governed by Section 7. Sending us a private message or tagging us on another platform does not, by itself, grant the review license in this section.

Submitting Review Content is voluntary. You do not have to submit a review, appear in media, or attach a photo or video to buy a product. Your submission may be made public and is not confidential. Do not include contact details, financial information, private documents, precise location information, or other information you do not want to be public. Public material can be viewed, copied, indexed, or shared by others.

6.2. Ownership and license to theory11

You retain ownership of your Review Content. By submitting Review Content after accepting these Terms, you grant theory11 a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully paid-up, transferable, and sublicensable license to host, store, reproduce, publish, use, display, publicly perform, transmit, distribute, translate, adapt, edit, and create derivative works from that Review Content, in whole or in part, for operating and improving the Service and for advertising, marketing, and promoting theory11, its products, and its services.

This license includes use on product pages and other websites; in organic and paid social media, digital advertisements, email campaigns, catalogs, product packaging, printed marketing materials, retail displays, trade shows, events, television, streaming, and other promotional media; and through media formats and channels now known or later developed. It includes campaigns for theory11 products developed with brand collaborators and campaigns distributed by our authorized retailers or partners. It applies whether or not we publish the original review and whether or not you maintain an account. No additional payment, notice, or approval is required for uses within this license, except as required by law or a separate agreement with you.

We may exercise these rights through affiliates, agencies, hosting and production providers, advertising and social platforms, distribution partners, and other licensees acting for the purposes described above. We may transfer the license in connection with a merger, reorganization, or transfer of the relevant business or assets. We do not acquire exclusive ownership of your content, and this license does not authorize its sale as standalone stock media or its use to advertise an unrelated third party's products.

6.3. Likeness and publicity permission

If your name, display name, image, likeness, appearance, voice, or performance is included in the Review Content you submit, you authorize theory11 and the parties exercising the license on its behalf to reproduce and use those attributes as included in that Review Content, and in permitted edits of it, for the uses described in Section 6.2. This permission is worldwide, perpetual, irrevocable, non-exclusive, royalty-free, and transferable and sublicensable to the same extent as the content license, subject to Section 6.7 and applicable law.

This permission is limited to the identity and likeness you include in the submission. It does not authorize us to publish private account information, create a new synthetic performance or voice clone of you, or imply that you made statements or endorsed products you did not. To the extent permitted by law, you waive a right to inspect or approve uses within the permission and release claims for compensation or infringement of your publicity or likeness rights arising solely from those authorized uses. You do not release claims for unlawful, defamatory, materially misleading, or otherwise unauthorized uses, or waive rights that cannot lawfully be waived.

6.4. Permissions you must have

By submitting Review Content, you represent that it reflects your actual experience and honest opinions, and that you own it or have the authority and permissions necessary to grant all rights described here. The content and our authorized uses must not infringe another person's copyright, trademark, privacy, publicity, or other rights.

Obtain permission from the photographer or videographer and from any other relevant rights holders. Music, recordings, artwork, performances, and other third-party material may require separate permission for commercial use. A music or content license available inside another app may not permit theory11 to use that material in advertising or outside that app.

Each other identifiable person shown or heard must be an adult who has expressly authorized the public and commercial uses described here and authorized you to grant that permission on their behalf. Keep written evidence of these permissions and provide it on reasonable request. Do not submit review photos or videos depicting or identifying minors. We may seek a direct release before using a person's likeness. You cannot grant rights that you do not hold.

6.5. Editing and attribution

We may crop, resize, compress, reformat, shorten, excerpt, caption, subtitle, translate, and combine Review Content with other material, including theory11 branding. Edits must preserve the substance of your opinion and must not materially misrepresent your experience or create a false endorsement. We may use your chosen public display name for attribution or use the content without attribution, subject to any legally required disclosures.

To the extent permitted by law, you consent to these specific edits and to publication with or without attribution, and agree not to assert moral rights solely to prevent these authorized acts. You do not transfer ownership of your moral rights or give up protections against misleading or derogatory treatment that cannot be waived.

6.6. Honest reviews and moderation

Reviews must reflect real experience. Do not submit fabricated reviews, impersonate a reviewer, manipulate ratings, or use AI-generated media to misrepresent a real product experience. Clearly disclose a material connection to theory11 or a seller, including employment, a family relationship, free products, discounts, payment, or rewards received for the review.

If we offer an incentive for a review, it will not depend, expressly or implicitly, on a positive or negative opinion. We will clearly identify incentivized reviews where required and preserve material disclosures when republishing reviews in advertising. Honest criticism is welcome. These Terms do not prohibit or penalize a lawful negative review.

We may review submissions before publication and refuse, restrict, or remove material for lawful reasons, including infringement, missing permissions, private information, unlawful threats, harassment, obscenity, spam, irrelevance, fraud, or failure to meet reasonable technical requirements. Moderation standards apply consistently to positive and negative reviews. We will not suppress a review merely because it is negative or misrepresent a selection of reviews as all or most submissions. Curated testimonials in marketing may be selected, but must not be presented as a complete or representative review set when they are not.

We are not required to publish or use a submission. Contact support@theory11.com to report a problem with content, a permission issue, or a moderation decision. Copyright notices may also be submitted under Section 9.

6.7. Duration and privacy rights

Deleting a review, removing media, closing an account, or stopping use of the Service does not, by itself, revoke the licenses and permissions in this section. Subject to applicable law and the next paragraph, we may continue using Review Content, including in existing and new marketing materials. You may ask us to remove content or stop a particular use by contacting support@theory11.com. We will review the request and comply with applicable legal obligations; a discretionary removal from a product page does not, by itself, end the license.

The content license and likeness permission do not override applicable privacy or data protection law. Where processing requires separate consent, we will obtain it, and you may withdraw that consent. We will honor applicable rights to deletion, objection, restriction, and withdrawal as described in our Privacy Policy. A perpetual license is not a legal basis for retaining or processing personal information indefinitely. Where law requires us to stop a use or delete information, that requirement applies to existing as well as future uses to the extent required by law. We cannot guarantee removal of copies independently made by others, but will take steps concerning recipients and publicly available copies where legally required.

6.8. Forums and other public submissions

For ordinary forum posts and other public submissions outside a product-review or testimonial feature, you retain ownership and grant theory11 a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to host, reproduce, distribute, adapt, display, and perform the submission in connection with the Service and theory11's business, including promotion in any media. For text comments and forum posts, this license is perpetual and irrevocable. For other public submissions, including non-review videos, it ends within a commercially reasonable period after removal, except for restricted copies needed for security, backups, or legal obligations. Transfers and sublicenses remain limited to the stated purposes.

Other users may access public submissions and use them only through the sharing and other functionality we expressly provide, subject to these Terms. This does not authorize independent commercial exploitation. Ordinary forum posting does not create the separate review-media likeness permission in Section 6.3. Your submission must be lawful, respect others' rights, and comply with the applicable Media Guidelines. The privacy and nonwaivable-rights protections in Section 6.7 apply to this paragraph as well. This paragraph does not retroactively change permissions applicable to earlier submissions.

7. The Marketplace

7.1. Buyers and sellers

The Marketplace allows artists and other sellers to offer digital products. Sellers retain ownership and are responsible for the rights, accuracy, and legality of their products. theory11 operates the platform, administers sales and customer support, and does not become the owner of a seller's intellectual property. The seller and any applicable transaction-specific terms are identified in the listing or checkout.

To the extent permitted by law, theory11 does not independently warrant a third-party seller's product, its claims, or its freedom from third-party rights. Our review, selection, hosting, or formatting of a listing does not transfer the seller's responsibility to us. We are not responsible for a buyer's unauthorized use of a seller's product, except to the extent law imposes responsibility on us. The disclaimers and limits in Section 12 apply, without overriding mandatory consumer rights or our own express commitments.

Creating an account and submitting a product for consideration do not carry a listing fee. A buyer who pays for an accepted order receives a non-exclusive license to use the product under the license disclosed for that purchase. Redistribution or resale is not authorized unless that license expressly permits it. Product ownership remains with its rights holder. Availability of a listing is not guaranteed indefinitely. Statutory rights remain unaffected.

7.2. Seller submissions and license

Sellers must provide accurate descriptions, have all necessary intellectual property and third-party permissions, comply with law, and submit products for review before publication. Products must not contain unlawful, infringing, fraudulent, abusive, sexually explicit, or malicious material. Sellers must not manipulate sales, ratings, rankings, or promotional statistics. Artists reviewing Marketplace products must accurately identify themselves and disclose any material connection.

By submitting a Marketplace product or promotional asset, the seller grants theory11 a worldwide, non-exclusive, transferable, and sublicensable license to host, reproduce, distribute, display, perform, and reasonably adapt it to operate The Marketplace, fulfill authorized purchases, and promote that product, The Marketplace, and theory11's related business. Affiliates, successors, and providers supporting those purposes may exercise the license. This license is subject to the revenue-sharing terms below and does not replace a separate artist agreement. No additional royalty is due for promotional uses within this license unless a separate agreement provides otherwise. It does not permit theory11 to misrepresent the product or the seller's endorsement.

After a seller removes a product, this license ends within a commercially reasonable period, ordinarily within 60 days, except for rights reasonably necessary to fulfill existing purchases and associated customer access, returns, support, recordkeeping, and legal obligations. Buyers' previously acquired licenses survive. Restricted archival and backup copies may be retained for those purposes; they are not a continuing license for new public marketing. The perpetual Review Content license does not apply to the Marketplace product itself.

We may reject or remove listings, correct misleading descriptions, and suspend sellers for violations or legitimate operational reasons. We may hold amounts reasonably related to a bona fide product dispute, refund, chargeback, or legal requirement pending resolution. We will not withhold unrelated, undisputed earnings solely because a dispute exists.

7.3. Pricing and seller payments

Sellers may suggest prices. theory11 determines Marketplace sale prices and may offer discounts and promotions. Unless otherwise disclosed, Marketplace prices are in U.S. dollars. Sellers receive 60 percent of net revenue from their products after bona fide returns; theory11 retains 40 percent. No additional fees are deducted for customer support, bandwidth, or payment processing under these Terms. Applicable taxes and legally required withholding are handled as required by law. Any different revenue calculation must be stated in a separate agreement accepted by the seller.

On or before the 11th day of each month, theory11 makes a statement available in the Artist Dashboard showing the prior month's sales and amounts due. Balances of at least $50 are paid by check postmarked on the 11th or by an electronic method agreed with the seller. Smaller balances carry forward. Following account closure, any final balance is payable on the 11th of the month following 30 days after closure, or after resolution of pending returns or product disputes affecting that balance.

Sellers must maintain accurate contact and payment details and provide required tax forms, such as an applicable Form W-9 or W-8. Amounts that cannot be delivered remain subject to applicable unclaimed-property law and are not automatically forfeited for inactivity or missing information. Sellers are responsible for their own taxes except amounts we are required to collect, report, or withhold.

theory11 handles Marketplace customer and technical support and may grant reasonably requested refunds within 30 days of purchase, or as otherwise required by law or the applicable purchase terms. Bona fide returns adjust the related seller revenue. Participation does not create a partnership, employment relationship, or general authority to bind the other party.

8. Loyalty programs and marketing messages

Elite Points and other loyalty benefits are governed by the program terms disclosed when offered, have no cash value except where required by law, and may be changed or discontinued subject to applicable law and required notice. Fraudulent activity may result in reversal of improperly earned benefits. Review rewards are subject to Section 6.6.

Marketing email and SMS enrollment are separate from review submission and purchases. You may unsubscribe from promotional emails using the link in an email. We may still send necessary order, account, and service messages.

If you separately enroll in our SMS/MMS program, you agree to receive recurring marketing texts about theory11 products, services, and events at the number you provide, including messages sent using automated technology. Consent is not a condition of purchase. Message frequency varies; message and data rates may apply. You must be authorized to use the number and have a compatible device and participating carrier.

Reply STOP to unsubscribe or HELP for assistance, or contact support@theory11.com. We also honor other reasonable revocation methods as required by law. You may receive a nonmarketing confirmation of your opt-out. Notify us if your number changes. Carriers are not responsible for delayed or undelivered messages. Our Messaging Terms apply when presented and accepted during enrollment, and the Messaging Privacy Policy explains program data practices. These Terms do not independently enroll you in that program or require you to accept arbitration by submitting a review.

An existing, validly accepted messaging-program agreement, including its applicable dispute-resolution provisions, is not rescinded solely by this update to the general website Terms. The program agreement governs its specific subject matter, subject to applicable law and any later valid amendment. No provision limits a legally protected right to revoke messaging consent or shifts responsibility for our own unlawful messaging to you.

9. Copyright and other rights complaints

Report suspected infringement to theory11, Attention: Notice of Infringement, 4401 Belle Oaks Drive, Suite 120, North Charleston, SC 29405, United States, or support@theory11.com, with the subject "Copyright Notice." A DMCA notice should identify the copyrighted work and the allegedly infringing material and its location, provide your contact information and signature, and include a good-faith statement that the use is unauthorized by the owner, its agent, or law. It must also state that the information is accurate and, under penalty of perjury, that you are authorized to act for the rights holder.

If your content was removed in error, a counter-notice must include your signature, identify the material and its former location, state under penalty of perjury your good-faith belief that removal resulted from mistake or misidentification, and provide your name, address, and telephone number. It must consent to the jurisdiction of the federal district court for your address, or, if outside the United States, any judicial district where theory11 may be found, and accept service from the complainant or its agent.

We may forward notices and counter-notices to the relevant parties as needed to process the complaint. Following a valid counter-notice, the DMCA process generally permits restoration after 10 to 14 business days unless we receive notice that the complainant has filed the required court action. We respond expeditiously to valid notices and terminate repeat infringers in appropriate circumstances. Knowingly false infringement allegations or counter-notices may create liability. Privacy, likeness, and other rights complaints can also be sent to support@theory11.com; you need not claim copyright ownership to report them.

10. Third-party services

The Service may link to third-party sites, content, or services. Their applicable terms and privacy notices govern your interactions with them. A link does not itself mean theory11 endorses the third party. We do not control independently operated third-party services, but nothing here excludes responsibilities that law places on theory11. Transactions with independent advertisers or other third parties are between you and those parties unless we expressly agree otherwise.

Users are responsible for their submissions. Hosting, moderating, or displaying a submission does not itself mean we endorse its statements or warrant its accuracy, safety, legality, or completeness. We may investigate and act on reported misuse, but do not undertake to pre-screen every public submission or guarantee detection of every violation. These provisions do not disclaim theory11's responsibility for its own advertising, conduct, or legal obligations.

11. Service changes and termination

You may stop using the Service and request account closure at any time. Subject to applicable law, we may restrict, suspend, or terminate access, remove non-review submissions or listings, and discontinue features in our reasonable discretion for violations, suspected fraud, security concerns, legal requirements, or other legitimate business reasons. Review moderation remains subject to Section 6.6. We may act immediately without prior notice where reasonably necessary, including to prevent harm or comply with law. We will provide notice or an opportunity to address an issue where required by law and may otherwise do so in our discretion. Termination does not eliminate accrued payment obligations, applicable refunds, statutory rights, or provisions intended to survive, including content licenses, payment provisions, disclaimers, liability limits, indemnity, and dispute provisions, subject to their stated limits.

12. Disclaimers and liability

To the fullest extent permitted by applicable law, theory11, its affiliates, and their respective officers, directors, employees, and agents provide the Service "as is" and "as available," without express or implied warranties concerning the Service, including merchantability, fitness for a particular purpose, title, or noninfringement. We do not promise uninterrupted, secure, or error-free operation or that all defects will be corrected. These disclaimers do not replace an express product warranty, a commitment expressly made in these Terms, or mandatory consumer guarantees, and do not eliminate legally required security obligations.

To the extent permitted by law, theory11, its affiliates, and their respective officers, directors, employees, and agents are not liable for indirect, incidental, special, exemplary, punitive, or consequential losses, including lost profits, revenue, goodwill, use, or data, arising from the Service. These exclusions apply under contract, tort, warranty, or other legal theories, even if the possibility of such losses was disclosed. Their combined aggregate liability for all claims arising from the same product, service, or related events will not exceed the amount you paid for the product or service giving rise to the claims. For claims concerning a free feature with no related purchase, the combined aggregate cap is $100.

These limitations do not limit refunds or seller payments properly due, liability for fraud, gross negligence, or willful misconduct, liability for death or personal injury caused by negligence where it cannot be limited, or any other liability or remedy that applicable law does not permit us to exclude or limit. Mandatory consumer rights remain unaffected. Each exclusion and limitation applies only to the extent enforceable under the law applicable to the claim.

13. Responsibility for third-party claims

To the extent permitted by law, you agree to defend, indemnify, and hold harmless theory11, its affiliates, and their respective officers, directors, employees, and agents against third-party claims, liabilities, damages, and reasonable costs and expenses, including reasonable legal fees, arising from your breach of these Terms, unlawful conduct, infringement of another person's rights, or submission of content without the rights you represented you held. This includes claims concerning a missing copyright or likeness permission and covered conduct by someone acting with your authorization. This obligation does not apply to the extent the claim results from theory11's unauthorized use, negligence, or misconduct, and does not penalize lawful, honest reviews or the exercise of privacy or consumer rights.

We will notify you of a covered claim and provide reasonable cooperation. A delay in notice excuses an obligation only to the extent it materially prejudices the defense. At our election, you will provide a defense through counsel reasonably acceptable to us, or we may control the defense of a covered claim and recover reasonable defense costs to the extent covered by this section. You may not settle a claim in a way that binds a protected party, admits its fault, or fails to release it without its prior written consent. No settlement controlled by us may impose an admission, nonmonetary obligation, or payment obligation on you without your consent, not to be unreasonably withheld. This section survives termination, subject to applicable law.

14. Governing law and disputes

South Carolina law governs these Terms, without its conflict-of-laws rules. Subject to mandatory law and a valid, separately accepted dispute-resolution agreement, disputes under these Terms must be brought exclusively in the state or federal courts with jurisdiction in Charleston, South Carolina. You and theory11 consent to those courts' personal jurisdiction and waive objections based on venue or inconvenient forum to the extent permitted by law. Consumers retain any mandatory protections of the law where they live and any nonwaivable right to bring proceedings in a local court. Separately accepted Passport or messaging terms may govern disputes within their specific scope. These Terms do not create a general agreement to arbitrate or shorten a statutory deadline for bringing a claim.

15. General provisions and contact

These Terms, applicable transaction or program terms, and any separate agreement with you form the agreement concerning their subject matter. An invalid provision is severed only to the extent necessary, and the remaining provisions continue to apply. A failure to enforce a right is not a waiver. You may not assign these Terms without our consent, except as permitted by law. We may assign them with a transfer of the relevant business, provided that doing so does not reduce your rights under these Terms. No assignment overrides privacy law or the limits on content licenses.

Except for the persons expressly protected by the licenses, releases, disclaimers, liability limits, and indemnity provisions, these Terms confer no rights on third-party beneficiaries. Those expressly protected persons may enforce the provisions applicable to them. Statutory rights are unaffected.

Neither party is responsible for a delay caused by an event beyond its reasonable control to the extent permitted by law, but this does not eliminate payment, refund, consumer protection, or other obligations that continue to apply. Nothing in these Terms prevents an honest review, a report to a regulator, or the exercise of a nonwaivable right.

Contact theory11 at support@theory11.com or theory11, 4401 Belle Oaks Drive, Suite 120, North Charleston, SC 29405, United States.