Terms of Use

 

PLEASE READ THESE CUSTOMER TERMS OF USE CAREFULLY

Ten Club, LLC ("Ten Club" or "we") run 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.

This is a contract between you (the Customer) and us (Ten Club, LLC). It describes the services we will provide to you, how we will work together and other aspects of our business relationship. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. Your continued use of the Site (PearlJam.com) following the posting of changes will mean that you accept and agree to the changes. By accepting these Terms, or by using our Site, you agree to be legally bound by these Terms, our Privacy Policy, and any other underlying agreements or terms.  We reserve the right to modify these Terms at any time without prior notice, and your use of the Site binds you to the changes made. We do occasionally update these terms so please refer to them in the future as it is your responsibility to check these Terms of Use periodically for changes.

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 please do not access and/or use the Pearl Jam website or 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 is our sole discretion, so 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, 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.

User Agreement

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.

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 us.

COPYRIGHT COMPLAINTS

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.

Copyright Agent:

Tim Bierman

Ten Club

PO BOX 81429

Seattle, WA 98108-1329

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.

California Civil Code Section 1798.80-1798.84 Compliance

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

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

Contact Ten Club for any questions regarding the use of personal information for marketing purposes. Please see the Privacy Policy for further information.

Ten Club

PO BOX 81429

Seattle, WA 98108-1329

ACCESS TO SITE

The Sites may use a technology called a “cookie”. A cookie is a piece of information that our server sends to your computer when you access a website. Then, when you come back, our Sites will detect whether you have one of our cookies on your computer. Our cookies help provide additional functionality to the Sites and help us analyze site usage more accurately and allows us to build up a more detailed profile of you and preserve your authentication status (if you are registered on the Sites). You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn more about cookies, you may wish to visit www.allaboutcookies.org. If you disable or refuse cookies, please note that some parts of the Sites may then be inaccessible or not function properly.

TERMINATION OF REGISTRATION

If you no longer wish to receive email updates or have a registered account, you may unsubscribe from the mailing list through an email you have received or terminate your account by contacting us.  

If you no longer accept these terms and conditions, or any future modification to these terms and conditions, you must cease using the Pearl Jam Site. Continued use of the Pearl Jam Site indicates your continued acceptance of these terms and conditions.

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