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.
By using the sites, you represent and warrant:
• 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;
• 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.
TEN CLUB MEMBERSHIP POLICY
- Only one (1) membership per person is permitted. If we find that a member has joined more than once, we reserve the right to cancel all memberships without refund.
- Memberships are non-refundable.
- Memberships may not be sold and/or transferred.
- Members are responsible for updating their contact information and mailing address in their Ten Club member profile and address list.
- Members must be active the day before a ticket sale is announced. If you are not an active member by the deadline, when a ticket sale is announced, you will not be eligible for this sale. However, you will be eligible for any other ticket sales that may come up during your membership year.
- If we determine a membership has been purchased for the sole purpose of purchasing and reselling tickets, Ten Club reserves the right to cancel the ticket order and membership without refund.
- Ten Club reserves the right to terminate forum posting privileges to any members not following the Forum Rules and Posting Guidelines.
- Ten Club reserves the right to refuse service without refund to any members breaking rules or abusing their membership privileges.
The definition of the Ten Club membership renewal policy states a membership is considered delinquent on the exact date of expiration. All membership benefits will stop on the expiration date if the membership is not renewed.
Please Note: Membership benefits apply to the benefits being offered at the time of your renewal. If your renewal is made in 2013 you will receive the 2013 benefits. If your renewal is made in 2014, you will receive the 2014 member benefits. The grace period only pertains to keeping your member number and does not pertain to membership benefits.
All memberships purchased after June 3rd 2012 will be required to keep a credit card on file for annual membership renewals. This card will be automatically charged exactly one year from your current expiration date for the membership level and price you had on your last date of expiration. You should receive an email notification reminder two weeks before your Membership is Renewed.
Failed Renewals: An email notice will be sent to all members who are expiring but their credit card info will not process. Ten Club will make 3 attempts every 24 hours to process the credit card for the annual membership fee. If the last attempt fails, Ten Club will email the member notifying them that the membership could not be renewed and is therefore expired.
For memberships that have been expired less than 90 days after the date of expiration: Your delinquent account may be renewed by logging in and purchasing a membership. Your membership benefits will start up again on that date of payment and you will keep your last member number.
For memberships that have been expired for more than 90 days after the expiration date: Delinquent accounts can be renewed by logging in to the expired account and purchasing a new membership. Your membership benefits will start up again on that date of payment. However, a new member number will automatically be assigned and all seniority will be lost. Members who wish to retrieve their original membership number that has been inactive for less than one year, may contact firstname.lastname@example.org
PEARL JAM SHOP
PEARL JAM SHOP POLICY
Items purchased at the Ten Club Store are not intended for resale. We reserve the right to limit the quantities of purchased merchandise items at any time.
Items purchased at the Ten Club Store are not intended for illegal use. We are not responsible for the misuse or unsafe use of items purchased at the Ten Club Store.
At any time, The Ten Club Store may feature items at a reduced price. If you ordered that item previously or after the time the item was featured on sale, you will not be given that sale price. The sale or reduced price is only honored when the item is ordered within the time it is featured on sale or the price appears reduced in the store.
CUSTOMS, DUTIES & TAXES
Orders placed in the store 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.
Ten Club will accept any unwashed/unworn merchandise items for return or exchange within 30 days of purchase (within 90 days of purchase for shipments outside of the United States). Ten Club will not accept for return or exchange any packaged non-wearables including CDs, DVDs, or videos once opened. There are no refunds, returns or exchanges for digital downloads, all sales are final.
Please contact email@example.com before returning any item(s) so we can inform you of your returns/exchange options.
POSTERS AND OTHER LIMITED EDITION ITEMS
Posters are sold as-is. No refunds, No returns. Please contact firstname.lastname@example.org with any questions
Shipping and Handling charges are non-refundable except in the case of a manufacturer's defect. All refunds will be credited to the original payment source. Please contact email@example.com with any questions
WHO PAYS FOR POSTAGE?
Postage for returns/exchanges is paid by you. If you are returning damaged or defective merchandise, we will pay the cost of return shipping. Please contact firstname.lastname@example.org with any questions.
WHAT IF MY RETURN IS LOST IN THE MAIL?
We cannot issue refunds for merchandise not received by our returns department. We recommend that you use a traceable ship method to ensure successful delivery.
Please contact email@example.com with any questions
If there is a problem with your order, please email us at firstname.lastname@example.org
Please send returns/exchanges to:
Ten Club Returns
PO Box 81429
Seattle, WA 98108
Be sure to include a note with your order.
Ten Club reserves the right to amend this policy at any time.
TEN CLUB TICKETS
TEN CLUB TICKET POLICY
Since the beginning of the Ten Club, Pearl Jam has been dedicated to making sure that fans get priority seating whenever possible. Sometimes, there are circumstances beyond our control that limit our ability to do this. But we go to bat for you...and most of the time, we find a way.
TERMS AND CONDITIONS
Purchasing Pearl Jam tickets through the Ten Club pre-sale means you have agreed to the following terms and conditions. Please read carefully before purchasing tickets from the Ten Club.
Please Note: Ten Club tickets purchased for Eddie Vedder solo shows will have different rules and procedures, so please refer to the show/ tour announcement for that info.
* One membership per individual only.
* You must be an active Ten Club member by the pronounced deadline in the tour/show announcement in order to be eligible for any current pre-sale opportunity. Becoming a member after the deadline or after a tour/show has been announced does not make you eligible for that ticket pre-sale.
* You cannot purchase a new Ten Club membership or renew an expired membership after the pronounce deadline and be eligible for the current pre-sale. Purchasing a membership or renewal will qualify you for future Ten Club tours announced during your membership year.
* A ticket drawing pre-sale announcement will be emailed to all eligible members. Please add email@example.com to your email contact list to help prevent announcements from being filtered as SPAM. Ten Club cannot be held responsible for email providers blocking pre-sale announcements from delivery to your inbox.
* Ten Club pre-sale tickets will be available online only through a drawing. No direct phone, e-mail, or mail orders will be accepted.
* Tickets are sold in pairs only. No single tickets will be sold.
* Members may enter for one pair per show unless otherwise specified in the tour announcement.* Pre-sale tickets are limited. Ten Club does not guarantee tickets for all eligible members regardless of seniority.
* Pre-sale tickets are purchased through a ticket drawing process.
* Tickets are priced in pairs in US dollars. The dollar amount will vary from show to show.
* You may use someone else's card to enter the drawing, however only the fan club member whose account was used to enter the drawing may collect the tickets at will call on the day of the show. Unauthorized purchases will not be honored. IMPORTANT: The tickets will be available at the venue ticket window under the MEMBER'S FIRST AND LAST NAME and NOT the name on the credit card. You cannot transfer a Ten Club ticket purchase to any other name.
* We do not guarantee tickets to additional shows which could be added after the official tour announcement, but we will generate an opportunity for members to reserve tickets if possible. Information will be posted on our website if and when this happens.
* All ticket sales are final. No refunds. No exchanges. No name transfers. No exceptions. Please do not enter for a show you are not certain you can attend.
* Reselling your extra Ten Club ticket for above face value will result in the revocation of all future ticket privileges.
TICKET DRAWING AND CONFIRMATION
* All eligible members will be emailed specific pre-sale drawing instructions.
* Members entering a drawing will have a $1 authorization held on their cards no matter how many shows are entered for.
* You will receive a drawing entry confirmation email from Ten Club immediately after you have successfully enter the drawing.
* After the drawing entry window has closed, Ten Club will begin drawing names using a computerized random selection process.
* If selected for any shows during the drawing, this $1 authorization will become a final sale charge totaling the sum of the ticket prices of all the shows drawn for. If not selected, the $1 authorization will be canceled and released back to your card.
* Once all names are selected, we will email all members who entered notifying them if they have been selected or not.
* Members who have been selected will have their cards automatically charged at this time. Those who were not selected will have the ticket authorization voided releasing the funds back to the card.
* You will receive a follow-up confirmation email from Ten Club, about one week prior to the first show on the tour, with details of how, when, and where to collect your Ten Club tickets.
* Member seniority applies to seat location for seated Pearl Jam shows.
Seniority is based on your current member number; the lower your number the more seniority you have.
* Seat location is not revealed until tickets are collected on the day of the show.
* We reserve the best seats in the house for Pearl Jam fan club tickets, starting from the first rows on the floor and extending back. We also reserve the side sections closest to the stage when necessary. In some cases there will be season ticket holder seats in these areas, however we do our best to work around these circumstances which are out of our control.
* For Pearl Jam shows that are 100% seated (no standing pit in front of the stage), tickets are allocated by membership seniority, with the exception of rows 1-2 and rows 9-10 which will be used for random allocation unless otherwise announced.
* Group seating is not an option, but your pair of tickets will be seated together.
* Wheelchair accessible seating is available through the Ten Club pre-sale. If you require ADA (disabled) seating, please contact us directly at firstname.lastname@example.org with the email subject :Disabled Seating.
* General Admission tickets purchased through the fan club will allow fan club members early entry into the venue whenever possible. Members will receive wristbands which will authorize early entry. Ten Club reserves the right to make changes to this policy when deemed necessary.
* Early entry wristbands may only be claimed at the box office by the Ten Club member. No exchanges. No transfers. Any member found selling their early entry wristband will result in the revocation of all future ticket and wristband privileges.
* Tickets will be distributed at the venue box office on the day of the show only. We will not mail your tickets in advance of the show. No exceptions.
* Tickets are pre-determined so arriving at the box office early will not increase your chances of better seats.
* You must show a government-issued photo ID (driver's license, passport, school ID) to collect your tickets at the box office. No exceptions. It is also helpful, but not necessary, to have your Ten Club member number available for additional verification.
* The Ten Club member whose account was used to purchase the tickets must be present to collect the tickets on the day of the show. No exceptions.
CAMERA POLICY FOR CONCERT ATTENDEES
* Small, handheld cameras welcome.
* No flash in the first 20 rows.
* No detachable lenses.
* No professional still or recording cameras.
* No sticks.
* No video cameras.
AUDIO RECORDING POLICY FOR CONCERT ATTENDEES
* Small, handheld recording devices welcome.
* No feed from board.
* No large, professional audio equipment.
* No boom mics.
* No external mics.
* For those interested in bringing poster tubes to concerts, we do not recommend this. If you decide to, it is at your own risk. It is usually determined by the venue's security on the day of the show whether they will be allowed inside the venue.
You must be a current Ten Club member and aged 18 or older to participate in Ten Club contests, sweepstakes and other promotional activities. 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, and will in any event be subject to the particular rules of the applicable contest.
USE OF MATERIAL SUPPLIED BY YOU
You agree that upon posting information or advertisements on the Sites and services, you grant Ten Club, and its affiliates, successors and assigns, a non-exclusive, worldwide, royalty free, perpetual, irrevocable, sublicenseable (through multiple tiers) license of all of your copyrights, publicity rights, and other intellectual property and other 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 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:
PO BOX 81429
Seattle, WA 98108-1329
GIFT CARD GENERAL TERMS
The PearlJam.com Conditions of Use apply. Gift Cards are issued by Ten Club LLC, a Washington corporation. When you purchase, receive or redeem a Gift Card, you agree that the laws of the State of Washington, without regard to principles of conflict of laws, will govern these Gift Card terms and conditions. We reserve the right to change these terms and conditions from time to time in our discretion. All terms and conditions are applicable to the extent permitted by law.
GIFT CARD LIMITATIONS
Once a Gift Card order has been submitted, the order cannot be edited. Gift cards may not be used for the purchase of membership renewals. Gift cards cannot be used to purchase other gift cards. Gift Cards cannot be transferred for value, or redeemed for cash, except to the extent required by law.
GIFT CARD REDEMPTION
GIFT CARD RISK OF LOSS
A customer may give their redemption code to another fan to use for the full amount. But once a gift card redemption code has been redeemed into that fan's account, no amount of it can be transferred back to the original recipient's account or any other fan's account.
GIFT CARD FRAUD
We will have the right to close customer accounts and bill alternative forms of payment if a fraudulently obtained Gift Card is redeemed and/or used to make purchases on Pearljam.com.
Ten Club asks that their users respect the intellectual property of others. If you believe something on this site constitutes copyright infringement or a violation of trademark, patent or 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.
PO BOX 81429
Seattle, WA 98108-1329
By e-mail: email@example.com
COPPA Compliance (Children's Online Privacy Protection Act)
• Ten Club is committed to protecting the rights of fans and visitors who are under the age of 13.
• Ten Club does not collect personal information from children under the age of 13.
• 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