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.

 

SMS/MMS MOBILE MESSAGE TERMS AND CONDITIONS

Pearl Jam/Ten Club (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (“PJ-SMS”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions (this “Agreement”). By opting in to or participating in PJ-SMS, you accept and agree to these terms and conditions, including, without limitation. This Agreement is limited to PJ-SMS and is not intended to modify other Terms and Conditions or the Privacy Policy that may govern the relationship between you and Us in other contexts.

For information about Our privacy practices, please review Our Privacy Policy.

BY AGREEING TO THIS AGREEMENT, EXCEPT FOR (I) CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 11, (II) WHERE YOU EXERCISE YOUR RIGHT TO OPT OUT OF ARBITRATION AS DESCRIBED IN SECTION 11, OR (III) TO THE EXTENT PROHIBITED BY LAW, YOU EXPRESSLY AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, OR BY JURY TRIAL.

1. User Opt In: PJ-SMS allows Users to receive SMS/MMS mobile messages by affirmatively opting into PJ-SMS, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join PJ-SMS, you agree that this Agreement applies to your participation in PJ-SMS. By participating in PJ-SMS, you agree to receive autodialed or automated marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive automated messages, including those sent using an automatic telephone dialing system, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an “automatic telephone dialing system,” “ATDS,” or “autodialer”). Message and data rates may apply. Message frequency varies.

2. User Opt Out/Cancellation: If you do not wish to continue participating in PJ-SMS or no longer agree to this Agreement, you agree to reply STOP to any mobile message from Us in order to opt out of PJ-SMS. You can also log in to your account to opt-out through your My Account - Account Settings (https://pearljam.com/ten-club/my-account/account ) Page as well as to update/change the phone number associated with your PJ-SMS. You may receive an additional mobile message confirming your decision to opt out. You may also email us at info@tenclub.net to opt-out. Please note that the use of this email address is an acceptable method of opting out of PJ-SMS. However, Opt outs via email must be submitted in writing or accordance with the procedures set forth above. We will accept opting out by verbally requesting to be opted out while on the phone with a customer support agent, however, we will need it in writing as well sent to info@tenclub.net. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP keyword command, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Pearl Jam/Ten Club and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list is not a reasonable means of opting out.

3. PJ-SMS Description: Without limiting the scope of PJ-SMS, users that opt into PJ-SMS can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of [examples: delivery info and sale of Merchandise, tickets, Ten Club membership and general information.]. Messages may include checkout reminders.

4. Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion, subject to your ongoing ability to opt-out at any time. Message frequency will vary. PJ-SMS involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us. We receive the right to alter the frequency of mobile messages sent at any time, so as to increase or decrease the total number of sent messages. 

5. Support Instructions: For support regarding PJ-SMS, please see PJ-SMS FAQ or Contact Us or email us at info@tenclub.net. Please note that the use of this email address is an acceptable method of opting out of PJ-SMS. However, Opt outs must be submitted in writing or accordance with the procedures set forth above. We will accept opting out by verbally requesting to be opted out while on the phone with a customer support agent, however, we will need it in writing as well sent to info@tenclub.net. 

6. MMS Disclosure: PJ-SMS will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

7. Our Disclaimer of Warranty: PJ-SMS is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We, and our service providers, will not be liable for any delays or failures in the receipt of any mobile messages connected with PJ-SMS. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.

8. Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

9. Age Restriction: You may not use or engage with PJ-SMS if you are under thirteen (13) years of age. If you use or engage with PJ-SMS and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with PJ-SMS, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with PJ-SMS, or are of adult age in your jurisdiction. By using or engaging with PJ-SMS, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with PJ-SMS.

10. Dispute Resolution; Binding Arbitration; Class Action Waiver: PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND US TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND US FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND WE AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. YOU AND WE ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. 

 

FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION AGREEMENT.

1. For any dispute or claim that you have against us, that we have against you or that you have, or we have, in each case arising from, relating to, or stemming from this Agreement, the PJ-SMS, or any aspect of the relationship between you and us as relates to this Agreement or the PJ-SMS (collectively, “Claims”, and each a “Claim”), you and we agree to attempt to first resolve the Claim informally via the following process. If you assert a Claim against us, you will first contact us by sending a written notice of your Claim (“Claimant Notice”) to us by certified mail addressed to [Pearl Jam Group mail address ℅ Ten Club PO BOX 81429 Seattle, WA 98108-1329] or email Data Protection Leader [dataprotection@pearljam.com]. The Claimant Notice must (i) include your name, residence address, email address, and telephone number; (ii) describe the nature and basis of the Claim; and (iii) set forth the specific relief sought. If we assert a Claim against you, we will first contact you by sending a written notice of our Claim (“Our Notice”), and each of a Claimant Notice and Our Notice, a “Notice”) to you via email to the primary email address associated with your account. Our Notice must (i) include the name of our contact and the contact’s email address and telephone number; (ii) describe the nature and basis of the Claim; and (iii) set forth the specific relief sought. If you and we cannot reach an agreement to resolve the Claim within thirty (30) days after you or we receive such a Notice, then either party may submit the Claim to binding arbitration as set forth below. The statute of limitations and any filing fee deadlines shall be tolled for thirty (30) days from the date that either you or we first send the applicable Notice so that the parties can engage in this informal dispute-resolution process.
   

(a) Except for individual disputes that qualify for small claims court, all Claims, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, that are not resolved in accordance with Section 11(b) will be resolved by a neutral arbitrator through final and binding arbitration instead of in a court by a judge or jury. Such Claims include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of the arbitration provision or any portion of the arbitration provision. The arbitrator will have the authority to grant any remedy or relief that would otherwise be available in court.

(b) This Agreement affects interstate commerce, and the enforceability of this Section 11 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq., to the extent permitted by law.

(c) All Claims must be submitted to the American Arbitration Association (“AAA”) and will be resolved through binding arbitration before one arbitrator. If you are a consumer, the then-current version of the AAA’s Consumer Arbitration Rules will apply, which are available on the AAA’s website (adr.org), as amended by these Terms as follows:

1. YOU AND WE AGREE THAT ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU AND WE ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitrator may conduct only an individual arbitration and, except as described below for the additional procedures to govern if twenty-five (25) or more similar or coordinated claims are asserted against us or you by the same or coordinated counsel, may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual.
   
2. For any arbitration you initiate, you will pay the consumer filing fee, and we will pay the remaining AAA fees and costs. For any arbitration initiated by us, we will pay all AAA fees and costs.
   
3. For all arbitrations where the claims asserted are $25,000 or less, the arbitration shall be resolved according to the AAA’s Procedures for the Resolution of Disputes through Document Submission, and for all other arbitrations the following procedure will apply: (i) the arbitrator will conduct hearings, if any, by teleconference or videoconference rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate; (ii) any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances; and (iii) if the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. 
   
4. If you or we submit a dispute to arbitration and the arbitrator orders any exchange of information, you and we agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and/or other materials that might be exchanged or the subject of discovery in the arbitration. You and we agree to seek such protection before any such information, documents, testimony, and/or materials are exchanged or otherwise become the subject of discovery in the arbitration.  
   
5. The arbitrator’s decision will follow this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.
   
6. The AAA Supplementary Rules for Multiple Case Filings and the AAA Multiple Consumer Case Filing Fee Schedule will apply if twenty-five (25) or more similar claims are asserted against us or against you by the same or coordinated counsel or are otherwise coordinated. In addition to the application of the AAA Supplementary Rules for Multiple Case Filings and the AAA Multiple Consumer Case Filing Fee Schedule, you and we understand and agree that when twenty-five (25) or more similar claims are asserted against us or you by the same or coordinated counsel or are otherwise resolved, your or our Claim might be delayed. For such coordinated actions, you and we also agree to the following coordinated bellwether process. Counsel for the claimants and counsel for us shall each select ten (10) cases (per side) to proceed first in individual arbitration proceedings as part of a bellwether process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. If the parties are unable to resolve the remaining cases after the conclusion of the initial twenty (20) proceedings, each side shall select another ten (10) cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. A single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise. This staged process shall continue, consistent with the parameters identified above, until all the claims included in these coordinated filings, including your case, are adjudicated or otherwise resolved. The statute of limitations and any filing fee deadlines shall be tolled for claims subject to this staged process from the time the first cases are selected for a bellwether process until the time your case is selected for a bellwether process, withdrawn, or otherwise resolved. A court shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against us or you.
   

(e) One Year to Assert Claims. To the extent permitted by law, any Claim by you or us relating in any way to this Agreement, the PJ-SMS, or any aspect of the relationship between you and us as relates to this Agreement or the PJ-SMS, must be filed within one year after such Claim arises; otherwise, the Claim is permanently barred, which means that you and we will not have the right to assert the Claim.

(f) You have the right to opt out of binding arbitration within 30 days of the date you first accepted these Terms by providing us with notice of your decision to opt-out via email at Data Protection Leader [dataprotection@pearljam.com] or by certified mail addressed to [Pearl Jam Group mail address ℅ Ten Club PO BOX 81429 Seattle, WA 98108-1329]. In order to be effective, the opt-out notice must include your full name, mailing address, and email address. The notice must also clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 12.

(g) If any portion of this Section 11 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from this Agreement; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 11 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 11; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 11 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 11 will be enforceable.

(h) Notwithstanding anything to the contrary in this Agreement, if you reside in any country outside of the United States, you may bring legal proceedings regarding this Agreement either by following the arbitration procedure detailed above in this Section 11 or, if given the right by applicable law, by submitting the dispute to an arbitration administrator in the jurisdiction in which you reside. To the extent any proceeding is not subject to arbitration under applicable law, you may submit the dispute to the courts of the jurisdiction in which you reside.

 

11. Governing Law: Any Claims will be governed by and construed and enforced in accordance with the laws of the State of Washington, except to the extent preempted by U.S. Federal Law, without regard to conflict of law rules or principles (whether of the State of Washington or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. If any Claim is not subject to arbitration pursuant to Section 11, then the state and federal courts located in the County of King, Washington, will have exclusive jurisdiction. You and we waive any objection to venue in any such courts. If your local law requires that consumer contracts be interpreted subject to local law and enforced in the courts of that jurisdiction, this section may not apply to you only to the extent that local law conflicts with this section.

 

12. Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to this Agreement and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of PJ-SMS shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in PJ-SMS after any such changes, you accept this Agreement, as modified.

 

Have more questions? Contact Us