You represent and warrant that you:
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:
Copyright Agent:
Tim Bierman
Ten Club
PO BOX 4570
Seattle, WA 98194
By e-mail: info@tenclub.net
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 4570
Seattle, WA 98194
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 (1.0 final release and earlier)
Microsoft Internet Explorer 6.0+
Microsoft Internet Explorer 5.x
Microsoft Internet Explorer 4.x
Netscape 7.1/Mozilla 5.0
Netscape Communicator 4.x
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:
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.
Public Forums
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.
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.
Updating or Deleting Your Information
You can change or update your personal information at any time. This includes change of name, address, email address, and password. You may do this at the web site in your online Profile, or you may email us at address@tenclub.net.
If you have any questions regarding this policy please contact:
Email: info@tenclub.net
Mail:
Ten Club
PO BOX 4570
Seattle, WA 98194
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.
This policy was last updated on February 28, 2006
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.
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.