Terms of Use


Effective date: May 5, 2022


Welcome to 10ten! 


These Terms of Use (“Terms”) are a binding contract between you and 10ten, Inc. (“we”, “us”, “our”). It contains the rules and restrictions that govern your use of 10ten’s platform, products and services (referred to below simply as “10ten”). If you have any questions, comments, or concerns regarding these Terms or our products and services, please contact us at contact@10ten.io.


Using 10ten in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use 10ten. These Terms include everything in this document, as well as those in the Privacy Policy, Creator Agreement, and Content Guidelines. If you don’t agree to all of the following, you may not use or access 10ten in any manner.


You represent and warrant that you are of legal age to form a binding contract (or if not, that you’ve received your parent’s or guardian’s permission to use 10ten and that your parent or guardian agrees to these Terms on your behalf).


If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” throughout this document refer to that organization or entity).


Creating an Account on 10ten


You may be required to sign up for an account and select a password. You promise to provide us with accurate, complete, and up-to-date registration information about yourself. 


You agree that you will only use 10ten for your own personal or organizational use, and not on behalf of or for the benefit of any third party. You may not transfer your account to anyone else without our prior written permission.


You may not select as your 10ten account name, a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. 10ten reserves the right to refuse registration of or cancel a 10ten account name at its discretion.


Creating Content on 10ten


First and foremost, you own what you create. Any original content you create, post, upload, share, store, or otherwise provide to 10ten remains yours and is protected by copyright and any other applicable intellectual property laws.


That includes posts, files, images, illustrations, lists, materials, courses, modules, programs, tutorials and any other text, photos or videos you upload to your spaces or subdomain on 10ten (“Content”), and any information that you provide to obtain a 10ten username and account. It also includes any comments posted on any current or future learning spaces and/or discussion board features and environments on 10ten.


Anything posted, uploaded, shared, stored, structured or otherwise provided through 10ten is referred to as a Content in these Terms. There are a few rules that apply to all Contents:

  • Don’t Infringe: Your Content should not violate someone else’s (including 10ten’s) rights. Don’t copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any content not owned by you unless you have prior consent from the owner of that content. 
  • Limited License to Us: In order to display your Posts on 10ten, and to allow other users to enjoy them, you grant us certain rights in your Contents.
  • Operating 10ten: You hereby grant 10ten a license to translate, modify, reproduce, and otherwise act with respect to your Content to enable us to provide, improve, and notify you about new features within 10ten. You understand and agree that we may need to make changes to your Contents to conform and adapt those Contents to the technical requirements of networks, devices, services, or media, and this license includes the rights to do so. For example, we may need to modify your Contents to make sure they are viewable on an iPhone as well as a computer. 
  • Public Content: If you share a Content with other users on 10ten (for example through a post), then you grant us the license above, as well as a license to display, perform, and distribute your Content. Also, you grant all other users of 10ten a license to access the Content, and to use and exercise all rights in it, as permitted by the functionality of 10ten. 
  • Term of License: You agree that the licenses you grant are royalty-free, perpetual, irrevocable, and worldwide. This is a license only – your ownership of the Content is not affected.


We reserve the right to remove any Content from 10ten at any time, for any reason (including, but not limited to, if someone alleges you contributed that content in violation of these Terms), in our sole discretion, and without notice.


Intellectual Property and Reporting Infringement


We respect others’ intellectual property rights, and we reserve the right to delete or disable content alleged to be infringing, and to terminate the accounts of repeat alleged infringers. You promise to abide by copyright notices, trademark rules, information, and other restrictions you may receive from us or that are posted on 10ten.


You understand that we own 10ten. These Terms don’t grant you any right, title or interest in 10ten, or our trademarks, logos, methodologies, technology and other intellectual property.


Acceptable Use Policy


You are responsible for all your activity in connection with 10ten! Make sure that you use 10ten in a manner that complies with the law. If your use of 10ten is prohibited by applicable laws, then you aren’t authorized to use 10ten. We can’t and won’t be responsible for you using 10ten in a way that breaks the law.


You also agree that you will not contribute any Content or otherwise use 10ten in a manner that:

  • Is fraudulent or threatening, or in any way violates 10ten’s Content Guidelines;
  • Jeopardizes the security of your 10ten account or anyone else’s (such as allowing someone else to log into 10ten as you, or sharing your account or password with someone);
  • Attempts, in any manner, to obtain the password, account, or other security information of any other user;
  • Violates the security of any computer network, or cracks any passwords or security encryption codes;
  • Runs Maillist, Listserv, any form of auto-responder or “spam” on 10ten, or any processes that run or are activated while you are not logged into 10ten, or that otherwise interferes with the proper working of 10ten (including placing an unreasonable load on 10ten’s infrastructure);
  • “Crawls,” “scrapes,” or “spiders” any page, data, or portion of 10ten (through use of manual or automated means);
  • Copies or stores any significant portion of the content on 10ten;
  • Decompiles, reverse engineers or otherwise attempts to obtain the source code or underlying ideas or information of or relating to 10ten.


Other Users and Third-Parties

  • Content: Contents posted to 10ten are the sole responsibility of the person or organization from whom such Content originated. You access all such Content at your own risk. We aren’t liable for any errors or omissions in any Content and you hereby release us from any damages or loss you might suffer in connection with a Content.
  • Other Users on 10ten: Your interactions with individuals and organizations found on or through 10ten, including payment for Creator’s Contents, Memberships or Programs, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and individuals. You agree that 10ten shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. We can’t guarantee the identity or credentials of any users with access to 10ten and are not responsible for which users gain access to our products and services.
  • Third-Party Content: 10ten may contain links, connections or integrations to third-party websites or services that are not owned or controlled by us. 10ten has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites. You release and hold us harmless from any and all liability arising from your use of any third-party website or service.


In the event that you have a dispute with one or more other users of 10ten or with a third party, you release us, our officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or 10ten.

 

Limitation of Liability


To the fullest extent allowed by applicable law, under no circumstances and under no legal theory shall 10ten, its licensors, or its suppliers be liable to you or to any other person for:

  • Any indirect, special, incidental, or consequential damages of any kind, or
  • Any amount, in the aggregate, in excess of the greater of (1) $100 or (2) the amounts paid and/or payable by you to us in connection with 10ten in the twelve-month period preceding the applicable claim.


No Warranties


10ten is provided to you on an “as-is” basis. This means we provide it to you without any express or implied warranties of any kind. That includes any implied warranties of merchantability, warranties of fitness for a particular purpose, non-infringement, or any warranty that the use of 10ten will be uninterrupted or error-free. Accordingly, we do not:

  • Make any representations or warranties about any content contained in or accessed through 10ten, and we will not be responsible for the accuracy, copyright compliance, legality, or decency of material contained on our products and services. 
  • Make any representations or warranties regarding suggestions or recommendations of products or services (including Creator newsletters) offered or purchased through 10ten. Products and services purchased or offered through 10ten, including newsletters, are provided “as-is” and without any warranty of any kind from 10ten. 


Paid Content on 10ten


If you create Content, including by posting and instructing on tech-related topics, moderating learning spaces, or managing cohort-based programs through 10ten, you are a Creator. If you join an open space or subscribe to a private space or program managed by a Creator, you are a Learner. Learners may join spaces and subscribe to Creator’s Contents directly through the Creator’s subdomains on 10ten.

A Creator may offer their Content for free, for a membership fee, or tuition, to be determined at the Creator’s discretion. Learners may choose to subscribe to Creator spaces or join the programs they offer on 10ten and agree to incur any applicable fees.

Creators will set prices for their Content, and may change the prices at their sole discretion through their Creator account, though no price changes shall apply retroactively.


In the event that a Learner has a dispute with a Creator, even though 10ten will do its best to avoid or mitigate such an outcome, you agree that 10ten is under no obligation to become involved other than to direct any inquiries regarding a Creator’s Content to the appropriate Creator pursuant to the Creator Agreement. To learn more about how 10ten manages its relationships with Creators, you should check out the Creator Agreement.


Terminating Your Account


10ten is free to terminate (or suspend access to) your use of 10ten, or your account, for any reason at our discretion. We will try to provide advance notice to you prior to our terminating your account so that you are able to retrieve any important Contents you may have uploaded to your account, but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of 10ten.

10ten also allows you to delete your account at any time. If you'd like to delete your account, you can do so from your account page. You can also send an email to our team with such a request at contac@10ten.io. When you delete your account, any Contents associated with that account will also be deleted. However, any Content that you have made public may remain available.


You understand and agree that it may not be possible to completely delete your content from 10ten’s records or backups and that your Contents may remain viewable elsewhere to the extent that they were copied or stored by other users. Please refer to our Privacy Policy to understand how we treat the information you provide to us after you have stopped using 10ten.


You agree that some of the obligations in these Terms will be in force even after you terminate your account. All of the following terms will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, terms regarding disputes between us, and any other terms that, by their nature, should survive termination of these Terms.


If you have deleted your account by mistake, contact us immediately at contact@10ten.io – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.


Privacy on 10ten


10ten takes your privacy very seriously. For the current 10ten Privacy Policy, please click here.

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children. We do not knowingly collect or solicit personally identifiable information from children under 16; if you are a child under 16, please do not attempt to register for 10ten or send any personal information about yourself to us. If we learn we have collected personal information from a child under 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us with personal information, please contact us at contact@10ten.io.


Changes to 10ten


We’re always trying to improve 10ten, so our products and services may change over time. We may suspend or discontinue any part of 10ten, or we may introduce new features or impose limits on certain features or restrict access to parts or all of 10ten. We’ll try to give you notice when we make a material change to 10ten that would adversely affect you, but this isn’t always possible or practical.


Changes to the Terms


We are constantly trying to improve our products and services, so these Terms may need to change along with 10ten. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the website, by sending you an email, and/or by some other means.

 

If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use 10ten. If you use 10ten in any way after a change to the Terms is effective and notice has been provided, that means you agree to all of the changes. 


Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.


Violations of the Terms


Failure to follow any of these Terms shall constitute a breach of these Terms, which may result in immediate termination of your account. 10ten has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms. 


Miscellaneous Terms


The above covers most of the questions that we typically receive about 10ten. We have grouped provisions that come up less frequently below:


Indemnification: To the fullest extent allowed by applicable law, you agree to indemnify and hold 10ten, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of 10ten (including any actions taken by a third party using your account), and (b) your violation of this Agreement or of law. In the event of such a claim, suit, or action, we will attempt to provide notice to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).


Assignment: You may not assign, delegate or transfer this Agreement or your rights or obligations hereunder, or your 10ten account, in any way (by operation of law or otherwise) without our prior written consent. We may transfer, assign, or delegate this Agreement and our rights and obligations without consent.


Choice of Law: This Agreement is governed by and will be construed under applicable federal law and the laws of the State of Delaware, without regard to the conflicts of laws provisions thereof.


Dispute Resolution: Informal Negotiations - To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least ninety (90) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.


Arbitration and Class Action Waiver: If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved through binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website: www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in the United States, Delaware. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in the United States, Delaware, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non-conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) is excluded from these Terms of Use. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court. 


Waiver: The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder.


Severability: 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 shall otherwise remain in full force and effect and enforceable.


No Joint Venture: You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of 10ten Inc., and you do not have any authority of any kind to bind us in any respect whatsoever. 


Survival: You agree that the terms under the heading “Privacy”, “Sole Responsibility”, “Acceptable Use”, “Indemnification”, “Stopping Publication or Deleting a Newsletter”, “No Warranty”, “Limitation of Liability”, “Assignment”, “No Joint Venture”, “Severability”, “Arbitration”, and “Entire Agreement”, and any payment obligations incurred shall survive termination of this Agreement.


Entire Agreement: You agree that these Terms are the complete and exclusive statement of the mutual understanding between you and us, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms.