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Terms Of Use (click to expand) Ten Club, LLC ("Ten Club" or "we") runs the official Pearl Jam fan club. These terms of use set forth the terms and conditions that govern your use of all aspects of pearljam.com, tenclub.net, community.pearljam.com and other related websites owned, controlled and/or operated by Ten Club and its affiliated entities (the "Sites"). The terms of use and privacy policy extends to all of the Sites.
By accessing, visiting, browsing, using or attempting to interact with any part of the Sites, or other services, websites or any of our licensees' services or software (collectively "services"), you agree that you have read, understand and agree to be bound by these terms of service. 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, with or without notice to you, to make changes to these terms of service in our sole discretion, 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 Sites after changes mean you agree to be legally bound by these terms as they are updated and/or amended. You must be 13 years of age or older to use the Sites. Continued use of any part of the sites constitutes your acceptance of such changes.
Ten Club and its affiliates have relationships with third parties who provide services to us, and such third parties may establish, from time to time, terms of service and privacy policies that may be different from ours. We endeavor to make sure our partners treat your information in the same way we do, but cannot guarantee that. When you leave sites controlled by Ten Club, including without limitation, our partners at Modlife, your activities will be subject to the policies and procedures established by the applicable partner or other third party.
DMCA Compliance (Digital Millennium Copyright Act)—Can be viewed HERE (downloadable PDF) User Agreement: By using the sites, you represent and warrant that you: • that the content you post or data you provide is accurate; • that the use of the content or data 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 or data 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. No Unlawful or Prohibited Use As a condition of your use of the Sites and services, you will not use the Sites and services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Sites and services in any manner that could damage, disable, overburden, or impair any Sites or services (or the network(s) connected to any Sites or services) or interfere with any other party's use and enjoyment of any Sites and services. You may not attempt to gain unauthorized access to any Site or service, other accounts, computer systems or networks connected to any Site or services, 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 Sites and services. Ten Club reserves the right to terminate your account for any reason, including without limitation, if you infringe upon the copyright, trademark, patent or other intellectual property rights of others. We reserve the right to refuse service to anyone, for any reason. We reserve the right to cancel orders and issue refunds. LIABILITY DISCLAIMER The information, products, and services included in or available through the Ten Club sites and services may include inaccuracies or typographical errors. Changes are periodically made to the Ten Club sites and services and to the information therein. Ten Club and/or its respective suppliers may make improvements and/or changes in the Ten Club sites and services at any time. Advice received via the Ten Club sites and 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 and 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 and services, with the delay or inability to use the Ten Club sites and 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 and services, or otherwise arising out of the use of the Ten Club sites and 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 and services, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Ten Club sites and services. GENERAL These terms of use are 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 Sites and 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 Sites and services. You agree to indemnify and hold Ten Club, its parents, subsidiaries, affiliates, officers, employees, members, representatives, attorneys and agents, harmless from any claim, demand, or damage, including attorneys' fees, asserted by you or any third party due to or arising out of your use of or conduct on the Sites and services. Subject only to the terms of the applicable privacy policy(ies), Ten Club reserves the right to disclose any personal information about you or your use of the Sites and 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 terms of use, privacy policy or other policies and procedures; or (4) act to protect the interests of its members or others. Nothing contained in this agreement is in derogation of Ten Club's rights or obligations to comply with governmental, court and law enforcement requests or requirements relating to your use of the Ten Club Sites and services or information provided to or gathered by Ten Club with respect to such use. If any part of these terms of use 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 terms of use shall continue in effect. Unless otherwise specified herein, these terms of use (inclusive of the privacy policy(ies) constitutes the entire agreement between the user and Ten Club with respect to the Sites and services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Ten Club with respect to the Sites and 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. |
