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TERMS OF USE

The Ten Club, LLC is the official Pearl Jam fan club. This privacy policy extends to all aspects of pearljam.com, tenclub.net, and community.pearljam.com.

DMCA Compliance (Digital Millennium Copyright Act)—Can be viewed HERE (downloadable PDF)

User Agreement:

You represent and warrant that you:

  • own all of the rights to the content that you post;
  • that the content is accurate;
  • that the use of the content you supply does not violate the rights of any third party, including, without limitations, copyrights, trademarks, rights of privacy and publicity, it is not defamatory and will not cause injury to any person or entity;
  • and that that you will indemnify us and/or our affiliates for all claims resulting from content you supply.

We have the right to monitor and edit or remove any content, but we take no responsibility and assume no liability for any content posted by you or any third party. The Ten Club reserves the right to terminate your account for any reason.

Copyright Complaints:

The Ten Club asks that their users respect the intellectual property of others. The Ten Club reserves the right to terminate your account if you infringe upon the copyright rights of others.

If you believe something on this site constitutes copyright infringement or a violation of other intellectual property rights, please provide a written notice providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our Copyright Agent:

  1. A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work that you claim has been infringed;
  3. A description of where the material that you claim is infringing is located on the site that is sufficient to allow us to locate the material;
  4. The email address, telephone number and mailing address at which the complaining party may be contacted;
  5. A statement that the complaining party has good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
  6. A statement by the complaining party that the information provided is accurate, and under penalty of perjury, that the complaining party is the copyright owner or authorized to act on the copyright owner's behalf.

Copyright Agent:
Tim Bierman
Ten Club
PO BOX 81429
Seattle, WA 98108-1329
By e-mail: info@tenclub.net

COPPA Compliance (Children's Online Privacy Protection Act)

  • The Ten Club is committed to protecting the rights of fans who are under the age of 13.
  • The Ten Club does not collect personal information from children under the age of 13.
  • The Ten Club seeks to comply with the Children's Online Privacy Protection Act instituted in April 21, 2000. The entire COPPA documentation can be viewed here: COPPA

California Civil Code Section 1798.80-1798.84 Compliance

This applies to California residents only. The Ten Club seeks to comply with the California Civil Code Section 1798.80-1798.84.

Any questions regarding the use of personal information for marketing purposes can be directed to the Ten Club:

By email: info@tenclub.net

By mail:

Ten Club
PO BOX 81429
Seattle, WA 98108-1329

The entire California Civil Code Section 1798.80-1798.84 documentation can be viewed here: LINK.

Cookies

Ten Club web sites require cookies to be enabled within your browser.

A cookie is a small file or part of a file stored on a World Wide Web user's computer, created and subsequently read by a web site server, and containing personal information (as a user identification code, customized preferences, or a record of pages visited)

By default, most browsers are set-up correctly; however should you encounter errors when attempting to navigate the site, just follow these directions to set up cookies on your browser:

Mozilla Firefox

  • Go to the "Tools" menu.
  • Select "Options".
  • Select the "Privacy" icon in the left panel.
  • Check the box corresponding to "Allow sites to set cookies".
  • Click "OK" to save changes.

Microsoft Internet Explorer

  • Select "Internet Options" from the Tools menu.
  • Click on the "Privacy" tab.
  • Click the "Default" button (or manually slide the bar down to
    "Medium") under "Settings".
  • Click "OK".

TEN CLUB COMMUNITY FORUM

This Web site makes forums and/or message boards available to its users. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information.

The Ten Club Community Forum - TERMS OF CONTENT:

By accessing the Ten Club Community Forum, you agree to be legally bound by the following terms. If you do not agree to be legally bound by all of the following terms then please do not access and/or use the Ten Club Community Forum. We may change these at any time and we’ll do our utmost in informing you, though it would be prudent to review this regularly yourself as your continued usage of the Ten Club Community Forum after changes mean you agree to be legally bound by these terms as they are updated and/or amended.

Our forums are powered by phpBB (hereinafter “they”, “them”, “their”, “phpBB software”, “www.phpbb.com”, “phpBB Group”, “phpBB Teams”) which is a bulletin board solution released under the “General Public License” (hereinafter “GPL”) and can be downloaded from www.phpbb.com. The phpBB software only facilitates internet based discussions, the phpBB Group are not responsible for what we allow and/or disallow as permissible content and/or conduct. For further information about phpBB, please see: http://www.phpbb.com/.

You agree not to post any abusive, obscene, vulgar, slanderous, hateful, threatening, sexually-orientated or any other material that may violate any laws be it of your country, the country where the Ten Club Community Forum is hosted or International Law. Doing so may lead to you being immediately and permanently banned, with notification of your Internet Service Provider if deemed required by us. The IP address of all posts are recorded to aid in enforcing these conditions. You agree that the Ten Club Community Forum have the right to remove, edit, move or close any topic at any time should we see fit. As a user you agree to any information you have entered to being stored in a database. While this information will not be disclosed to any third party without your consent, neither the Ten Club Community Forum nor phpBB shall be held responsible for any hacking attempt that may lead to the data being compromised.

The Ten Club Community Forum - PRIVACY POLICY:

This policy explains in detail how the Ten Club Community Forum along with its affiliated companies (hereinafter “we”, “us”, “our”, “Ten Club”) and phpBB (hereinafter “they”, “them”, “their”, “phpBB software”, “www.phpbb.com”, “phpBB Group”, “phpBB Teams”) use any information collected during any session of usage by you (hereinafter “your information”).

Your information is collected via two ways. Firstly, by browsing the Ten Club Community Forum will cause the phpBB software to create a number of cookies, which are small text files that are downloaded on to your computer’s web browser temporary files. The first two cookies just contain a user identifier (hereinafter “user-id”) and an anonymous session identifier (hereinafter “session-id”), automatically assigned to you by the phpBB software. A third cookie will be created once you have browsed topics within the Ten Club Community Forum and is used to store which topics have been read, thereby improving your user experience.

We may also create cookies external to the phpBB software whilst browsing the Ten Club Community Forum, though these are outside the scope of this document which is intended to only cover the pages created by the phpBB software. The second way in which we collect your information is by what you submit to us. This can be posts submitted by you after joining and whilst logged in (hereinafter “your posts”).

Your account will at a bare minimum contain a uniquely identifiable name (hereinafter “your user name”), a personal password used for logging into your account (hereinafter “your password”) and a personal, valid e-mail address (hereinafter “your e-mail”). Your information for your account at the Ten Club is protected by data-protection laws applicable in the country that hosts us. Any information beyond your user name, your password, and your e-mail address required by the Ten Club during the joining process is either mandatory or optional, at the discretion of the Ten Club. In all cases, you have the option of what information in your account is publicly displayed. Furthermore, within your account, you have the option to opt-in or opt-out of automatically generated e-mails from the Ten Club Community Forum.

Confidentiality, Sharing of Information, and Disclosure of Practices

Use of registration form information

The Ten Club's registration form requires users to give us Registration Contact Information ("Registration Contact Information" includes but is not limited to user name and e-mail address) and Demographic Information ("Demographic Information" includes but is not limited to user zip code). We use Registration Contact Information from the registration form to send the user information about the Ten Club. The Registration Contact Information is also used to contact the user when necessary. The Ten Club does not share any personally identifiable information with other companies.

The Ten Club may send mailings to its members in the following ways:

  • The Ten Club Newsletter/Magazine is distributed bi-yearly via mail to current members.
  • The Ten Club holiday vinyl single is distributed yearly via mail to current members
  • Special email mailings are sent out sporadically. These mailing may include renewal reminders, announcements, news, events, and updates.

No Unlawful or Prohibited Use

As a condition of your use of the Ten Club Sites/Services, you will not use the Ten Club Sites/Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Ten Club Sites/Services in any manner that could damage, disable, overburden, or impair any Ten Club Site/Service(s) (or the network(s) connected to any Ten Club Site/Service(s)) or interfere with any other party's use and enjoyment of any Ten Club Site/Service(s). You may not attempt to gain unauthorized access to any Ten Club Site/Service, other accounts, computer systems or networks connected to any Ten Club Site/Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Ten Club Sites/Services.

Security

This Web site has security measures in place to protect the loss, misuse, and alteration of the information under our control. The Ten Club may be required to release personal information about users as a result of a lawsuit or subpoena or as immediately necessary to protect our rights or the rights and safety of others.

Contests

You must be a current Ten Club member and aged 18 or older to participate in Ten Club contests. If you enter a Ten Club contest, your information is subject to being viewed by the public and included online and in Ten Club materials.

Use of Material Supplied by You

You agree that upon posting information or advertisements on the Service, you grant The Ten Club, and its successors and assigns, a non-exclusive, worldwide, royalty free, perpetual, irrevocable, sublicenseable (through multiple tiers) license under your copyrights, publicity rights, or other intellectual property rights, if any, in such material and over the material or User Data displayed in your postings, to use, distribute, display, transmit, reproduce, and create derivative works from such material in any and all media existing now or in the future, in any manner, in whole or part, without any duty to account to you. For the purpose of this agreement, "User Data" shall mean all information (if any) submitted by you, to the Ten Club with the exception of credit card numbers, etc. The User Data shall be deemed to be the property of the Ten Club. You also grant the Ten Club the right to authorize the downloading and printing of such material, or any portion thereof, by end users for their personal use.

If you have any questions regarding this policy please contact:

Email: info@tenclub.net

Mail:

Ten Club
PO BOX 81429
Seattle, WA 98108-1329

The Ten Club reserves the right to change this Privacy Policy at any time.

The privacy of our users is very important to us. We appreciate your patronage and your compliance with our policies.

Customs, Duties, and Taxes

Orders that are shipped to countries outside of the U.S. may be subject to import taxes, customs duties and fees levied by the destination country ("Import Fees"). The recipient of an international shipment may be subject to such Import Fees, which are levied once a shipment reaches your country. Additional charges for customs clearance must be borne by the recipient; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country; you should contact your local customs office for further information. When customs clearance procedures are required, it can cause delays beyond our original delivery estimates.

LIABILITY DISCLAIMER

THE INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE TEN CLUB SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE TEN CLUB SITES/SERVICES AND TO THE INFORMATION THEREIN. TEN CLUB AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE TEN CLUB SITES/SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE TEN CLUB SITES/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

TEN CLUB AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE TEN CLUB SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TEN CLUB AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

YOU SPECIFICALLY AGREE THAT TEN CLUB SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH A TEN CLUB SITE/SERVICE. YOU SPECIFICALLY AGREE THAT TEN CLUB IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT TEN CLUB IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN A TEN CLUB SITE/SERVICE BY ANY THIRD PARTY.

IN NO EVENT SHALL TEN CLUB AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE TEN CLUB SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE TEN CLUB SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE TEN CLUB SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE TEN CLUB SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TEN CLUB OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE TEN CLUB SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE TEN CLUB SITES/SERVICES.

GENERAL

This agreement is governed by the laws of the State of Washington, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in King County, Washington, U.S.A. in all disputes arising out of or relating to the use of the Ten Club Sites/Services. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Ten Club as a result of this agreement or use of the Ten Club Sites/Services. You agree to indemnify and hold Ten Club, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Ten Club Sites/Services. Ten Club reserves the right to disclose any personal information about you or your use of the Ten Club Sites/Services, including its contents, without your prior permission if Ten Club has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Ten Club or its affiliated companies; (3) enforce the User Agreement; or (4) act to protect the interests of its members or others. Ten Club's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Ten Club's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Ten Club Sites/Services or information provided to or gathered by Ten Club with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Ten Club with respect to the Ten Club Sites/Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Ten Club with respect to the Ten Club Sites/Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

This policy was last updated on November 18, 2009