Terms of Use

Last updated February 28, 2021

The Ten Block Continuum (https://tenblockcontinuum.com/) is owned and operated by Ten Block LLC. As used in these Terms of Use, “Ten Block”, the “Continuum”, “Ten Block Continuum”, “we”, and “us” may be used interchangeably to mean Ten Block LLC.

Services 

Any services offered by Ten Block, including products and services to help you buy and sell goods, products, or services, are referred to in these Terms of Use as the “Services”.

By using any of the Services, including by registering for a Ten Block Continuum account (“Account”), or even just browsing one of our websites or our mobile app, you agree to be bound by the following terms and conditions (the “Terms of Use”).

A user who registers an Account for the purpose of selling goods, products, or services will be referred to in these Terms of Use as a “Vendor”, and will be responsible for the creation and maintenance of a store (“Store”) on the Continuum website. A user who registers an Account for the purpose of buying goods, products, or services, will be referred to in these Terms of Use as a “Customer”. Unless otherwise specified, these Terms of Use apply to both Vendors and Customers who use the Services.


Updates to the Terms of Use 

You can find the current version of the Terms of Use at any time at https://tenblockcontinuum.com/terms-of-use/. You acknowledge and agree that Ten Block Continuum may amend these Terms of Use at any time by posting the updated Terms of Use on the Ten Block Continuum’s website, and such amendments to the Terms of Use are effective as of the date of posting. You are advised to check the Terms of Use from time to time for any updates or changes that may impact you, and if you do not accept such amendments, you must cease using the Services.


Contact Information 

You acknowledge that Ten Block Continuum will use the email address you provide on opening an Account, or as updated by you from time to time, as the primary method for communicating with you.


Passwords 

You are responsible for keeping your password secure. Ten Block is not liable for any losses or damages arising from your failure to maintain the security of your Account and password.


Location of Sales 

At this time, items may only be sold to US residents. 


Age limitations 

You must be 18 years or older to use our Services. Minors under 18 and at least 13 years of age are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 13 years are not permitted to use the Services.


Ownership 

You acknowledge that these Terms of Use do not create any agency, partnership, joint venture, employment, or franchisee relationship between you and Ten Block.


Governing Law 

The Terms of Use shall be governed by and interpreted in accordance with the laws of California, and the laws of the United States of America.


Unauthorized Use 

You may not use the Services for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of California and the United States of America. You will comply with all applicable laws, rules and regulations in your use of the Services and your performance of obligations under the Terms of Use.


Severability

If any provision, or portion of the provision, in these Terms of Use is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms of Use, and the Terms of Use will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms of Use.


Confidentiality
 

“Confidential Information” shall include, but shall not be limited to, all information that each party receives relating to the other, or to the Services, that is not known to the general public.

Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under these Terms of Use. Each party agrees that it shall take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such party’s obligations hereunder, who each shall treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein, or as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms of Use, provided that, if legally permitted, the receiving party shall give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment.

Confidential Information shall not include any information that the receiving party can prove was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information.


Limitation of Liability 

You expressly understand and agree that, to the extent permitted by applicable laws, Ten Block shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Services.

To the extent permitted by applicable laws, in no event shall Ten Block Continuum be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our Services or these Terms of Use (however arising including negligence). You agree to indemnify and hold us and our affiliates, partners, officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Use, or your violation of any law or the rights of a third party.

Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.

Ten Block does not warrant that the Services will be uninterrupted, timely, secure, or error-free.

Ten Block is not responsible for any of your tax obligations or liabilities related to the use of Ten Block Continuum’s Services.

Ten Block does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations.


Waiver 

The failure of Ten Block to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.


Complete Agreement 

The Terms of Use, including the policies and documents it incorporates by reference, constitute the entire agreement between you and Ten Block and govern your use of the Services and your Account, superseding any prior agreements between you and Ten Block (including, but not limited to, any prior versions of the Terms of Use).


Cancellation, Termination, and Modification of the Services 

You may cancel your Account with Ten Block at any time by contacting us via email at support@tenblockcontinuum.com and then following the specific instructions indicated to you in Ten Block’s response.

Ten Block reserves the right to modify, suspend, or discontinue any of the Services and/or your Account and/or your Store at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.

Upon termination of the Services by either party for any reason:

Ten Block Continuum will cease providing you with the Services and you will no longer be able to access your Account; unless otherwise provided in the Terms of Use, you will not be entitled to any refunds of any fees, pro rata or otherwise; any outstanding balance owed to Ten Block Continuum for your use of the Services through the effective date of such termination will immediately become due and payable in full; and your Store website will be taken offline.

If at the date of termination of the Service, there are any outstanding fees owed by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.

Termination of the Terms of Use shall be without prejudice to any rights or obligations which arose prior to the date of termination.

We may, but have no obligation to, remove products and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via a Vendor’s Store violate these Terms of Use, or applicable law or copyright.

The Terms will remain in effect even after your access to the Service is terminated, or your use of the Services ends.

A breach or violation of any term in the Terms of Use, as determined in the sole discretion of Ten Block may result in an immediate termination of your Services.

Ten Block Continuum shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.


Events Outside of Our Control 

We will not be liable or responsible for any failure to perform, or delay in performance of, the Services that is caused by events outside our reasonable control (“Force Majeure Event”).

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

Strikes or lock-outs;

Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war, whether war declared or not, or threat or preparation for war;

Fire, explosion, storm, flood, earthquake, epidemic, the public enemy, or other natural disaster;

Impossibility of the use of public or private transportation such as railways, shipping, aircraft, motor transport, or other means;

Impossibility of the use of public or private telecommunication networks;

The acts, decrees, legislation, regulations or restrictions of United States government.

Our Services are deemed to be suspended for the period that the Force Majeure Event continues. We will use our reasonable endeavors to find a solution by which our Services may be performed despite the Force Majeure Event. 


Privacy & Data Protection 

By using the Services, you acknowledge and agree that Ten Block Continuum’s collection, usage and disclosure of your personal information is governed by our Privacy Policy.


Your Use of Our Services
 

We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services—subject to the Terms and the following restrictions in particular:

You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. You may not sell anything that violates any laws; and you may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Ten Block, another Ten Block user, or a third party. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.


Content and Users
 

You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Ten Block is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.

You understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users.


Third-Party Services 

Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to share products on social media websites). You may also need to use a third party’s product or service in order to use some of our Services (like a compatible mobile device to use our mobile apps). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. Ten Block is not a party to those agreements; they are solely between you and the third party.


Indemnification 

If we are sued because of something that you did, you agree to defend and indemnify Ten Block. That means you will hold harmless and defend Ten Block (including any of our employees) from any legal claim or demand, including reasonable attorney’s fees, that arises from your actions, your use or misuse of our Services, your breach of the Terms of Use, or you or your account’s infringement of someone else’s rights.

We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.


Disputes with Other Users
 

You release Ten Block from any claims, demands, and damages arising out of disputes with other users or parties.


Arbitration
 

While we hope to amicably settle any dispute that arises without involving a third party, in the event you and Ten Block cannot come to an agreement on a dispute resolution, you agree that any dispute or claim arising from or relating to the Terms of Use shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the "AAA Rules") then in effect unless otherwise required by law. Arbitration, including threshold questions of arbitrability of the dispute, will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction.

Any arbitration or mediation under the Terms will take place on an individual basis. You understand that by agreeing to the Terms, you and Ten Block are each waiving the right to trial by jury or to participate in a class action lawsuit. Class arbitrations shall only be available if requested by either party under its Class Action Arbitration Rules and approved by the arbitration entity. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator or mediator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.


Prior Agreements 

The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and Ten Block regarding the Services.

Customer Policy

This policy is a part of our Terms of Use. By using any of our Services, you agree to this policy and our Terms of Use.

Our marketplace is currently in limited-release beta. Your feedback is welcome and encouraged. We hope to add new features as we grow the Continuum, and appreciate your business.

As a Customer, you acknowledge that any contract of sale through a Ten Block Continuum Store is directly between you and the Vendor.

You understand that with the exception of items sold at the following Ten Block LLC owned Stores: https://tenblockcontinuum.com/tenblockarts/, Ten Block does not pre-approve, manufacture, store, or inspect any of the items sold through our Services. We provide the marketplace venue; the items in the Continuum are produced, listed, sold, and shipped directly by independent Vendors, so Ten Block cannot and does not make any warranties about their quality, safety, or even their legality. Any legal claim related to an item you purchase must be brought directly against the Vendor of the item. You agree to share personal contact information with Vendors for the purpose of order fulfillment. Such contact information may include name, address, email address and the like.

You release Ten Block from any claims related to items sold through our Services, including for defective items, misrepresentations by Vendors, or items that caused physical injury.

 

Privacy Policy

Ten Block respects your privacy. This Privacy Policy (“Privacy Policy”) is part of our Terms of Use and describes how, when, and why we gather information about users of our Services, and what we do with it. By using any of our Services, you agree to this policy and our Terms of Use. By using the Services, you agree that Ten Block can collect and use your personal information.

Collection of Personal Information 

We collect information when you register to buy or sell online or update your Account, log-in, place an order, communicate online with Continuum Vendors, Customers, or representatives, and browse, shop, or post items for sale on the Continuum. We will only retain your information for as long as is necessary for the purposes set out in this Privacy Policy or as needed to provide Services to you. The information we collect may include but is not limited to your name, address, telephone number, email address, and financial information required to process and complete your transactions on the Continuum.


Legal Requirements 

We may also use personal information to comply with legal obligations pursuant to the legal protections afforded to you in the United States of America. Where required to obey the law, such as in response to a subpoena or legal process we will disclose your personal information. We also reserve the right to use your personal information to exercise or defend legal claims.


Email Lists and Catalogs 

Customers may subscribe to Ten Block mailing lists and newsletters either when first applying for a Continuum account, or when accessing their profiles after logging in, and may unsubscribe at any time by clicking the link provided in each email newsletter, or by contacting support@tenblockcontinuum.com.


Sale for a Business Purpose 

Ten Block does not sell, rent, or trade your personal information or our mailing lists.

Security 

While the absolute security of information that is transmitted or stored on the internet cannot be guaranteed, Ten Block has taken precautions to help protect your personal information from loss, misuse, unauthorized access, disclosure, or modification. We have also taken steps to ensure your payment information is handled safely, including the use of industry-standard SSL protocol (Secure Sockets Layer) in order to secure our website, using a modern version of TLS on our payment pages, and never storing Sensitive Authentication Data such as CVC numbers on our servers.


Changes to This Privacy Policy

As with other sections of the Terms of Use, Ten Block may amend this Privacy Policy from time to time. The User's continued use of the Services will constitute their acceptance of new terms of this Privacy Policy.


Vendor Policy 

Our marketplace is currently in limited-release beta. Your feedback is welcome and encouraged. We expect to add additional features for Vendor accounts as time goes on.

This policy (“Vendor Policy”) is a part of our Terms of Use. By using any of our Services as a Vendor, you agree to this Vendor Policy and our Terms of Use.


Marketplace Fees

  • Depending on the Vendor Plan you selected when you applied for a Continuum Store, you may owe monthly fees, commissions on sales, or other fees as “Marketplace Fees.” You agree to remit Marketplace Fees to Ten Block as outlined in the Plan section of the Vendor Admin Panel, and that failure to do so in a timely manner may result in account suspension or termination.

  • Any monthly plan you purchase through us will automatically renew unless you notify us. You may request cancellation at any time. 

  • We do not provide prorated refunds for cancelled plans, and will keep you Store active on the Continuum until the end of your current monthly term unless you request immediate deactivation.

  • Ten Block reserves the right, at its sole discretion, to change, modify, add, or remove Marketplace Fees at any time. Existing Vendors will be notified 30 days in advance of any changes to the monthly plans they have purchased.


Managing Your Store

  • You are responsible for the creation and operation of your Store.

  • You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account.

  • You will abide by Ten Block’s Prohibited and Restricted Items Policy, which is part of the Terms of Use and may be amended from time to time.

  • You will provide accurate information in your Account and product listings.

  • You will not interfere with a transaction or the business of another user.
  • You will not coordinate pricing with other Vendors.

  • You agree to clearly and accurately state in each listing when the item will be shipped, and to complete transactions with Customers in accordance with your stated shipping and processing times, your own Store policies, and the Federal Trade Commission’s Prompt Delivery Rules, as amended (https://www.ftc.gov/tips-advice/business-center/guidance/selling-internet-prompt-delivery-rules). We highly recommend you use tracking, delivery confirmation, or signature confirmation for your shipments.

  • You are responsible for complying with all applicable laws and regulations for the products you list for sale on the Continuum, including any required labels and warnings. Ten Block assumes no responsibility for the accuracy of your listings (your “Materials”).

  • You are solely responsible for, and Ten Block expressly disclaims all liability for, your compliance with obligations and applicable laws to properly describe and deliver the goods you sell to Customers.

  • You agree to indemnify us for any losses Ten Block incurs due to your failure to accurately describe or deliver goods, or comply with your legal obligations to Customers.


Your Intellectual Property 

We do not claim any intellectual property rights over the Materials you provide to the Ten Block Continuum. All Materials you upload to your Store remain yours. You can remove your Store at any time by deleting your Account.

By uploading Materials, you agree: (a) to allow other internet users to view the Materials you post publicly to your Store; (b) to allow Ten Block to store, and in the case of Materials you post publicly, display and use your Materials; and (c) that Ten Block Continuum can, at any time, review and delete all the Materials submitted to its Service, although Ten Block Continuum is not obligated to do so.

You are responsible for compliance of the Materials with any applicable laws or regulations.

Ten Block Continuum shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your Store to promote the Services. For example, you acknowledge and agree that Ten Block may offer you or Ten Block Customers promotions on the Continuum website, from time to time, that may relate to your listings.

You represent that you have all necessary rights to your Materials and that you’re not infringing or violating any third party’s rights by posting it.


Payment Processing

Ten Block currently uses Stripe Connect Standard accounts to enable Vendors to accept payments for goods on the Continuum. For purposes of this arrangement, Ten Block is considered the Platform, and the Vendor is considered the Connected Account.

By using the Services, you authorize Ten Block to perform the Services and to communicate your Connected Account data to Stripe. We agree not to use your Connected Account data for any purpose other than providing the Services without your consent.

As a Vendor, you are considered a Stripe Connected Account, and agree to comply with all applicable laws and guidelines regarding payments and orders, which includes laws regarding taxes, privacy, and PCI guidelines. Additionally, you agree to comply with the following Stripe Policies and Agreements, as amended:

To learn more about how Stripe uses Personal Data, who they share it with, and your rights, please see Stripe’s Privacy Policyhttps://stripe.com/privacy 

Ten Block’s Privacy Policy is included in these Terms of Use, and is also available online at: https://tenblockcontinuum.com/privacy-policy/


Taxes

We strongly suggest you familiarize yourself with nexus and local and state tax rules and consult with a tax advisor to ensure you are in compliance with all applicable local and state tax laws.

As a Marketplace Facilitator, Ten Block automatically calculates, collects, and remit sales and use tax on your behalf in all 50 states and Washington DC. Please note that even though we collect on your behalf in these jurisdictions, you may still be required to register and/or file independently with each state.

Additionally, all states may require collection, remittance and/or reporting of other taxes including but not limited to goods and services tax, value added tax, excise, premium, import, export, consumption and other applicable taxes, regulatory fees, levies, or charges and duties assessed, incurred, or required to be collected or paid for any reason in connection with goods and services that you offer for sale on, through or connected with your Store, and you are solely responsible for the collection, remittance and/or reporting of such taxes, fees, levies, charges, or duties.

By using the Services, you agree to provide Ten Block with information needed to fulfill our responsibilities as a Marketplace Facilitator, now and in the future.

Prohibited and Restricted Items Policy                

This policy is a part of our Terms of Use. By using any of our Services, you agree to this policy and our Terms of Use.


Compliance with Laws 

You are solely responsible for ensuring your products do not violate States’ law, Federal law, Copyrights, or Trademarks, or otherwise infringe on any third party’s intellectual property rights.


Prohibited Items 

The following items are currently prohibited on the Ten Block Continuum:

  • Alcohol

  • Tobacco, e-cigarettes, and e-liquid

  • Weapons and munitions; gunpowder and other explosives; firework and related goods; toxic, flammable or radioactive materials

  • Cannabis and cannabis derivatives

  • Medications, pharmaceuticals, or products that make health claims not approved or verified by applicable US regulatory bodies.

  • Chemicals

  • Adult-only, pornographic, or sexually oriented items

  • Services or other intangible items for which no tangible product exists

  • Illegal drugs, drug paraphernalia and drug-like substances (such as bongs and hookahs), or legal substance which provides the same effect as an illegal drug (e.g. salvia)

  • Items which encourage illegal activity (such as plans for incendiary devices, etc.)

  • Counterfeit items

  • Goods which are illegal in the US

  • Stolen property

  • Any item which engages in, encourages, promotes or celebrates unlawful violence or physical harm to persons, property, or any group based on race, religion, disability, gender, sexual orientation, national origin, or any other immutable characteristic

  • Live animals

  • Lottery items

  • Mystery items

  • Automobiles

  • Real Estate

  • Prepaid phone cards

  • Items which service providers deem inappropriate may be removed at the sole discretion of Ten Block

  • Personal information (such as lists of names, addresses, etc.)

  • Social media activity such as but not limited to sale of likes or followers on social media platforms 
  • Used cosmetics


Items which may be sold on the Continuum, with restrictions:

  • Used fashion items (including but not limited to clothing and shoes) may be sold on the Continuum, as long as each item is properly cleaned, with a clear statement in the product name and description stating that the item is used. A statement on the condition of the item should be included in the description as well.

  • An item listed as an original work of art, including but not limited to original music, painting, or other artwork (the “Work”), may be sold on the Continuum, as long as the Vendor of the Work possesses all the rights to the Work, including without limitation, all copyrights, and that said rights are free of any liens, claims and encumbrances whatsoever in favor of any other party.