Terms & Conditions
You must agree to these terms and conditions as part of your subscription. Please read them carefully.
For good and valuable consideration, the sufficiency of which is acknowledged by you and Interactive Gallery UK Ltd., and its applicable affiliates and subsidiaries (alternatively referred to as "Interactive Gallery," "Interactive Gallery UK Ltd.," the "Company," "We," or "Us"), you hereby agree to become a subscriber to TEN.com (the "Service"), and agree to be bound by all the terms and conditions set forth in this agreement (the "Agreement"). The parties to this Agreement are you ("You" or "Subscriber"), and the Company. Subject to the terms and conditions set forth in this Agreement, the Company agrees to provide you all the privileges of a subscription to this site available to a subscriber in good standing. This Agreement is subject to change by the Company at any time, and changes are effective upon notice to the Subscriber by e-mail, posting at or via hyperlink to this site, or by mail.
ALL MATERIALS, WHETHER OR NOT A SUBSCRIPTION IS REQUIRED TO ACCESS, INCLUDING BUT NOT LIMITED TO JOKES, PICK-UP LINES, GRAPHIC FILES, AUDIO FILES, VIDEO FILES, TEXT, HYPERLINKS, INTERLINKS, SEARCH ENGINES, AND OTHER SOFTWARE THAT COMPANY PROVIDES CONTAINED AT THIS SITE (COLLECTIVELY "MATERIALS") ARE INTENDED FOR DISTRIBUTION EXCLUSIVELY TO CONSENTING ADULTS WHO ARE IN LOCATIONS WHERE SUCH MATERIALS DO NOT VIOLATE COMMUNITY STANDARDS OR ANY APPLICABLE LOCAL, STATE OR NATIONAL LAW OR REGULATION. THIS INCLUDES, IF APPLICABLE, THE LAWS AND REGULATIONS OF THE UNITED STATES OR ANY OTHER COUNTRY.
BY DOWNLOADING OR VIEWING ALL OR ANY PART OF THE MATERIALS YOU ARE WARRANTING AND AFFIRMING THAT IT IS LEGAL TO VIEW THE MATERIALS WHERE YOU ARE LOCATED.
YOU HEREBY ACKNOWLEDGE THAT THE MATERIALS PRESENTED AT AND/OR DOWNLOADABLE FROM THIS SITE INCLUDE EXPLICIT VISUAL, AUDIO, AND/OR TEXTUAL DEPICTIONS OF NUDITY AND HETEROSEXUAL, BI-SEXUAL, GAY, LESBIAN AND/OR TRANSEXUAL SITUATIONS OF A SEXUAL NATURE, THAT YOU ARE FAMILIAR WITH MATERIALS OF THIS KIND, AND THAT YOU ARE NOT OFFENDED BY SUCH MATERIALS.
YOU ARE ADVISED THAT NO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS MAY DIRECTLY OR INDIRECTLY VIEW OR POSSESS ANY OF THE CONTENTS OF THIS SITE OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED AT OR IN THIS SITE. BY DOWNLOADING OR VIEWING ALL OR ANY PART OF THE MATERIALS YOU ARE FURTHER AFFIRMING AND WARRANTING THAT YOU ARE CURRENTLY OVER THE AGE OF EIGHTEEN (18)YEARS AND CAPABLE OF LAWFULLY ENTERING INTO THIS AGREEMENT.
The jurisdiction is the United Kingdom.
Payment for the Service provided to you at and/or through this site may be made by automatic credit card or check debit and you hereby authorize the Company and/or its authorized agent, Netbilling Inc. (under name “Interactive Gallery”), CCBill, Netbilling, CCBill, and Epoch Billing Services, Inc. (“Netbilling, CCBill, and Epoch”), to transact such payments on your behalf. Unless you have good reason to believe the credit card (or other approved facility) you use to purchase your subscription is lost or stolen, you agree not to report that credit card (or other approved facility) as lost or stolen. Nor will you dispute any authorized charge by Netbilling, CCBill, Netbilling, CCBill, and Epoch or the Company. You agree and acknowledge that if you fraudulently report the credit card (or other approved facility) used to obtain the Service or goods from the Service as stolen, or if you fraudulent report that an authorized charge by the Company Netbilling, CCBill, or Netbilling, CCBill, and Epoch is unauthorized, you shall be liable to Netbilling, CCBill, Netbilling, CCBill, and Epoch and the Company for liquidated damages of $25,000.00. The liability for liquidated damages specified in this Paragraph shall not limit any other liability you may have for breach(es) of any other terms, conditions, promises and warranties set forth in this Agreement.
One Time Charge: If you purchase a One Time Charge or Non-Recurring Subscription to TEN.com, you authorize the Company and/or Netbilling, CCBill, and Epoch to charge your credit card (or other approved facility) the fees according to the then-current billing terms for the Service. You are responsible for paying fees according to the then-current billing terms. One Time Charge or Non-Recurring Subscription fees are earned upon receipt. For your convenience and satisfaction, all memberships will automatically cancel upon expiration. You are liable for any subscription charges incurred by you up to and until termination of the Service. If you have a question about a transaction on your credit card statement, or wish to cancel a subscription, please click here to contact Customer Service.
Trial Subscriptions: Trial Subscriptions: If you purchase a trial (monthly) subscription ("Trial Subscription") to TEN.com, you hereby agree that Netbilling, CCBill, and Epoch may immediately authorize your credit card (or other approved facility) in the amount equal to the then-current monthly rate. The Company and/or Netbilling, CCBill, and Epoch will only charge that amount to your credit card (or other approved facility) if you elect not to terminate your Trial Subscription prior to becoming a regular subscriber. If you purchase a Trial Subscription, and decide to terminate your Trial Subscription, you must do so AT LEAST one (1) day prior to the end of the Trial Period and you will not be charged any further. If you do not cancel at least one (1) day prior to the end of the Trial Subscription period, you are agreeing to continue as a regular subscriber upon the terms and conditions for Regular Subscriptions set forth herein, and you authorize the Company to charge your credit card (or other approved facility) at the then-current monthly rate on a monthly basis until you request termination of your subscription according to the terms hereof. If you have a question about a transaction on your credit card statement, or wish to cancel a Trial Subscription, please click here to contact Customer Service.
Regular Subscriptions: If you purchase a regular (monthly) subscription ("Regular Subscription") to TEN.com, or if you do not cancel your Trial Subscription at least one (1) day prior to the end of the trial period, you authorize the Company and/or Netbilling, CCBill, and Epoch to charge your credit card (or other approved facility) for periodic subscription fees according to the then-current billing terms for the Service. You are responsible for paying periodic subscription fees according to the then-current billing terms. Regular Subscription fees are earned upon receipt. For your convenience and satisfaction, all memberships will automatically renew upon expiration unless your subscription is cancelled AT LEAST three (3) days prior to expiration. Subscription rates are subject to change at any time without notice. You are liable for any subscription charges incurred by you up to and until termination of the Service. If you have a question about a transaction on your credit card statement, or wish to cancel a subscription, please click here to contact Customer Service.
Pay-per-view and Pay-per-clip Download
Subscriptions: If you purchase a Pay-per-view
(OnDemand.ten.com) or Pay-per-clip (download.ten.com) subscription
("Download Subscription[s]") to TEN.com, you authorize the
Company and/or Netbilling, CCBill, and Epoch to charge your credit card
(or other approved facility) for periodic subscription fees according to
the then-current billing terms for the Service. You are responsible for
paying periodic subscription fees according to the then-current billing
terms. Unlike Regular Subscriptions, you must actively renew your
Download Subscription or it will expire. Subscription rates are subject
to change at any time without notice. If you have a question about a
transaction on your credit card statement, or wish to renew a
subscription, please click
here to contact Customer Service.
Terminating Subscriptions: The Company or Netbilling, CCBill, and Epoch may terminate your Subscription at any time and without cause. If you wish to terminate your subscription you must either provide the Company or Netbilling, CCBill, and Epoch notification by E-mail, conventional mail, or by telephone [(888) 968-5834] during normal business hours. You agree to be personally liable for all charges incurred by you during or through the use of this site. Your liability for such charges shall continue after termination of your membership for any reason.
Subscriptions Are Non-Transferable: Subscriptions may not be assigned or transferred to any other person or entity. Nor may you provide any other person or entity access to your subscription, either directly or indirectly. This includes, but is not limited to, sending your username and/or password to other parties and making your user name and/or password available where others may access them. You must keep your password strictly confidential. Allowing others to gain unauthorized access to this site is a breach of this Agreement and a violation of law.
Your Notice To The Company: You must promptly inform Company or Netbilling, CCBill, and Epoch of the following: changes in the expiration date of any credit card used in connection with this site; changes in home or billing address; and apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an ID or password. Until the Company or Netbilling, CCBill, and Epoch is notified of a breach in security, by conventional mail, web site form, e-mail or by telephone to this site's Customer Service Department (888) 968-5834 during normal business hours, you will remain liable for any unauthorized use of this site. The Company or Netbilling, CCBill, and Epoch will provide you, upon request, access to billing records that support charges for use of this site.
VIEWING, ACCESSING AND DOWNLOADING THE MATERIALS
You agree not to access, view, download, receive or otherwise use, or cause or enable others to access, view, download, receive or otherwise use materials, directly or indirectly in places which the Company does not authorize such access, viewing, downloading, receipt or other use. You acknowledge and agree that the company does not authorize any Materials to be accessed, viewed, downloaded, used by, transmitted, broadcast or otherwise disseminated to any person or entity located in any and all areas prohibited by law ("Prohibited Areas"). You further acknowledge that the Company does not authorize you to cause or enable others to access, view, download, receive or otherwise use the Materials, directly or indirectly. Should you do so otherwise, the Company reserves the right to immediately terminate your subscription and to require such additional end user to agree to these Terms and Conditions. You agree that any and all unauthorized access, viewing, downloading, receipt, duplication or other use of the Materials in which you are directly or indirectly involved, including, but not limited to 1) accessing, viewing, downloading, receiving or otherwise using the Materials in Prohibited Areas and 2) causing or enabling others to access, view, download, receive or otherwise use the Materials, directly or indirectly, shall constitute intentional infringement(s) of this site's and potentially others' intellectual property rights and other rights in the Materials, and may also constitute a violation of the Company's trademarks, copyrights and other rights, including, but not limited to, the right of privacy.
You agree to be personally liable and fully indemnify the Company and Netbilling, CCBill, and Epoch for any and all damages directly, indirectly and/or consequentially resulting from your attempted or actual unauthorized downloading or other duplication of materials from the Service alone, or with or under the authority of, any other person(s), including, without limitation, any governmental agency(ies), wherein such damages include, without limitation, all direct and consequential damages directly or indirectly resulting from unauthorized downloading of materials from this site including, but not limited to, damages resulting from loss of revenue, loss of property, fines, attorneys' fees and costs, including, without limitation, damages resulting from prosecution and/or governmentally imposed seizure(s), forfeiture(s), and/or injunction(s).
LIMITED NON-EXCLUSIVE LICENSE GRANTED TO SUBSCRIBER
Subject to the terms and conditions set forth herein, the Company hereby grants you a limited, non-exclusive, non-commercial and non-transferable license to use the Materials during the period in which you are a current subscriber in good standing. You may use the Materials only in accordance with the terms and conditions of your membership, only on one computer at a time and, if this site makes downloadable copies of the Materials available, you may make only a single copy of such Materials for your personal use and enjoyment. You may also allow other "peer" computers to access downloaded Material, provided you have not acted to circumvent or defeat the security or content usage rules provided or enforced by the digital rights management system ("DRM") employed by the Company and you expressly authorize such access to the Material. While it is intended by Company that the DRM control your use of the Material, you bear the ultimate responsibility for making only authorized uses.
"NOOF", "TEN.COM", TEN*WIRELESS and the graphics, logos and service names appearing on this site are the trademarks of the Company or its respective content suppliers. These trademarks and other graphics, logos and names may not be reproduced and may not be distributed, publicly performed, proxy cached on AOL or otherwise used, except with the prior express written permission of the Company.
You may not remove any propriety notices from Materials at any time. You may make no use of Materials not expressly authorized herein or by prior express written authorization from Company. Prohibited uses, include, without limitation: (1) permitting other individuals to directly or indirectly use the Materials; (2) modifying, translating, reverse engineering, decompiling, disassembling the Materials (except to the extent applicable laws specifically prohibit such restriction); (3) making copies or creating derivative works based on the Materials except as provided herein; (4) renting, leasing, or transferring any rights in the Materials; (5) removing any proprietary notices or labels on the Materials; and (6) making any other use of the Materials. This license does not grant you any rights to any software enhancements or updates of any kind.
Except for public domain material or material otherwise licensed to Company for electronic dissemination, all Materials displayed at or otherwise available through this site are proprietary, and, except for initial downloading, may not be copied, redistributed, or downloaded, in whole or in part, without the prior written authorization of Company. All editions of this site, and all Materials and other matter used directly or indirectly in, at, by, through and/or with this site are protected by the copyright laws of the United States, international copyright treaties and other laws and regulations. All rights are reserved. All intellectual property and other rights in and to the Materials and other matter at this site shall at all times remain under the sole ownership of Company, its parent(s), subsidiary(ies), licensor(s) or other party credited as the provider of the Materials, and assign(s). All intellectual property and other rights in and to any intellectual property content accessed through the Materials is the property of the applicable content owner, which may be the Company, its parent(s), subsidiary or subsidiaries, licensor(s) or other party credited as the provider of the Materials, and assign(s), or others, and may be protected by applicable copyright and/or other laws. The limited and non-exclusive license granted to you herein grants to you no rights to use such content except as set forth herein. This license will immediately terminate automatically if you fail to comply with the limitations described herein, breach any other provision of this Agreement, cease, for any reason, to be a Subscriber in good standing, or are notified of its termination by the Company or its authorized agent(s). You agree that upon such termination, you will immediately destroy all copies of the Materials in your possession.
NO EXPRESS OR IMPLIED WARRANTIES
You agree that Materials and all other services provided to you by Company are provided on an "AS IS" basis, without warranties of any kind, including without limitation 1) any warranties as to the availability, accuracy, or content of Materials, information, products, or services; 2) any warranties of merchantability or fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the Materials and all services provided by Company is borne by you. Should the Materials or any other service provided by Company prove defective and/or cause any damage to your computer or inconvenience to you, you, and not Company, assume the entire cost and all damages which may result from any and all such defects. This disclaimer of warranty constitutes an essential part of the Agreement. Some states do not allow exclusions of an implied warranty, so in such case, this disclaimer may not apply to you and you may have other legal rights that vary from state to state or by jurisdiction. Under no circumstances and under no cause of action or legal theory, shall Company, its suppliers, licensors or other party credited as the provider of the Materials, resellers, or other subscribers, or their suppliers, licensors, licensees, resellers or subscribers be liable to you or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages resulting from any use of Materials or other use of this site.
Goods and Services Offered By Other Parties: Company does not necessarily screen or endorse advertisements or communications submitted to this site by third-party licensors, licensees, advertisers, or subscribers for electronic dissemination through this site. Subscribers are therefore advised to use their own judgment to evaluate all advertisements and other communications available at or through the use of this site prior to purchasing goods and/or services described at this site or otherwise responding to any communication at this site.
LIMITATION OF LIABILITY
Any liability of the Company and Netbilling, CCBill, and Epoch, including without limitation any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous behavior, negligence, or under any other legal theory, shall be strictly limited to the amount of membership fee paid by or on behalf of the subscriber to Company for the preceding month. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
The Company is not liable for damages resulting from disseminating, failing to disseminate, or incorrectly or inaccurately disseminating any Materials, data, advertisement or other communication at or through this site.
IN RE: FILE SHARING, SUBMISSIONS, ETC.
If the Company should at any time provide any service which in whole or in part enables you to communicate with or otherwise share file information with other Subscribers or persons providing any kind or service to Subscribers, you agree not to submit, publish, display, disseminate, or otherwise communicate any defamatory, inaccurate, abusive, threatening, offensive, or illegal material while connected to or otherwise directly or indirectly using this site or other services provided to you by Company. Transmission of such material or any material that violates any federal, state, or local law in the United States or anywhere else in the world is strictly prohibited and shall constitute a material breach of this Agreement entitling Company to immediately terminate all rights to access to this site. You are solely responsible for all information that you submit, publish, display, disseminate or otherwise communicate through this site even if a claim should arise after termination of service. If the Company provides any such service described herein, you agree that all messages and other communications by you shall be deemed to be readily accessible to all other Subscribers who are authorized to access this site and agree that all such messages and other communications shall not be deemed to be private or secure. Regardless of whether the Company provides any type of service described herein, you agree that you have hereby been informed and noticed that any and all messages and other communications which you submit to Company directly or through this site can be read by third parties, including the operators and/or other agents of Company, whether or not they are the intended recipient(s).
You agree that any information, feedback, questions, comments and/or submissions for inclusion in the Services or the like that you provide to us in connection with the Service ("Submissions") will be deemed to be provided to us on a non-confidential and non-proprietary basis and will become and remain our property. The Company shall have no obligations of any kind with respect to any Submissions and shall be free to reproduce, use, disclose and/or distribute any Submissions for any purpose whatsoever, without limitation. You also agree that the Company shall be free to use any ideas, concepts or techniques embodied in the Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services incorporating such ideas, concepts, or techniques. In addition, you hereby waive all moral rights you may have in any materials submitted by you.
If you believe that the content of any Submission provided by you has been used on the Service in a manner that constitutes copyright infringement, please provide Customer Service with a written notice (email is sufficient) that includes: an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; identification of the copyrighted work claimed to have been infringed; a description of where the material that you claim is infringing is located on the Service; your address, telephone number, and e-mail address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You represent, warrant and covenant (a) that no materials of any kind submitted by you or our use thereof in accordance with the terms and conditions set forth above, will (i) violate, plagiarize or infringe upon the rights of any third party, including, without limitation, copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary rights; (ii) contain unlawful material; (iii) constitute false or misleading indications of origin or statements of fact; (iv) slander, libel or defame any person or entity; or (v) cause injury of any kind to any person or entity; or (vi) violate any applicable laws, rules, regulations or other governmental regulations; and (b) that you are at least 18 years old. You hereby indemnify, defend and hold the Company, and its officers, subsidiaries, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the foregoing representations, warranties and covenants, including, without limitation, reasonable attorneys' fees. You shall cooperate as fully as reasonably required in the defense of any claim. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement that affects the rights of the Indemnified Parties without the Company's prior written approval.
The Materials may include digital rights management systems ("DRMs"), including those from third parties, as plug-in components, which may be subject to their own license agreements. DRMs may be used by the Company to manage and enforce intellectual property rights in digital content purchased over the Internet. DRMs allow the Company to limit or in some cases, revoke a user's ability to use applicable Material including when it is determined by Company that the user's usage is not in accordance with these Terms and Conditions. You agree that you will not take any action to circumvent these DRMs nor to defeat the security or content usage rules provided or enforced by the DRM. You further agree that you consent to the communications enabled and/or performed by the DRM, including the updating of the DRM without further notice. In the event you share out any Material on any peer-to-peer file sharing networks, You must not act to circumvent or defeat the DRMs, as, among other things, the DRMs help the Company to advise third parties who access the files that they are subject to these Terms and Conditions.
The Company makes no representation that the Material in the TEN.Com web site or the TEN*Wireless Service is appropriate for access outside of the United States. Those who choose to access such Material from outside the United States do so at their own risk.
The Service and the content and technology contained within may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you are agreeing to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you will otherwise comply with all applicable export control laws.
Any claim or controversy arising out of or related to this Agreement or the Service shall be settled by binding arbitration in the United Kingdom. Any such claim or controversy shall be arbitrated on an individual basis and shall not be consolidated with a claim of any other party. The foregoing shall not preclude Company from seeking any injunctive relief for protection of Company's intellectual property rights.
Notices from this site to Subscribers may be given by means of e-mail, by general posting on this site, or by conventional mail. Communications from you to the Company may be made by e-mail, conventional mail or telephone. All questions, complaints, or notices to this site may be sent in the following manner:
You are responsible for providing all personal computer and communications equipment necessary to gain access to your Subscription. Access to and use of your Subscription is through the use of a password.
BY USING THIS SITE YOU AFFIRM THAT YOU HAVE READ THIS ENTIRE AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, YOU MUST NOT PROVIDE SUBMISSIONS, DOWNLOAD OR VIEW THE MATERIALS.
Copyright © 2005 Interactive Gallery UK Ltd. All rights reserved.