THESE TERMS OF USE (THE "TERMS") GOVERN YOUR USE OF TENTHROW, INC.'s ("TENTHROW") WEBSITE (THE "WEBSITE"). PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE WEBSITE AS THEY CREATE A LEGALLY BINDING CONTRACT BETWEEN YOU AND TENTHROW. BY ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE, YOU REPRESENT AND WARRANT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS, AND ANY ADDITIONAL TERMS OR MODIFICATIONS TO THESE TERMS THAT MAY BE MADE BY TENTHROW, AND THAT YOUR USE OF THE WEBSITE WILL COMPLY WITH ANY AND ALL APPLICABLE LAWS AND REGULATIONS AT ALL TIMES DURING YOUR USE OF THE WEBSITE. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, INCLUDING AS AMENDED BY TENTHROW IN ITS SOLE DISCRETION FROM TIME TO TIME, YOU SHOULD IMMEDIATELY TERMINATE YOUR USE OF THE WEBSITE. YOU MAY RECEIVE A COPY OF THESE TERMS BY E-MAILING US AT INFO@TENTHROW.COM AND IDENTIFYING THE SUBJECT LINE OF THE E-MAIL AS "TERMS OF USE."

By accessing, browsing or otherwise using the Website, you represent that you are 18 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as the Website is not intended for children under the age of 13.

Your privacy is important to TENTHROW. The TENTHROW Privacy Policy is incorporated into these Terms by reference. Please read the Privacy Policy carefully for details relating to the collection, use, and disclosure of information.

TENTHROW reserves the right, in its sole discretion, to change, modify, add, or remove portions of these Terms at any time and from time to time, with our without specific notice to you other than through posting such modified Terms on the Website. Please check these Terms each time you visit the Website. The most current and controlling Terms are posted on the Website. Your continued use of the Website after the posting of any changes constitutes your binding acceptance of such changes. If you are dissatisfied with the Website, the content thereon, or the Terms or the Privacy Policy, then you agree that your sole and exclusive remedy is to discontinue using the Website.

The Website is owned and operated by TENTHROW. All materials on the Website, including, but not limited to, the audio, video and audiovisual content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, products, software, services, and all other elements of the Website that are provided by TENTHROW ("TENTHROW Materials"), are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All TENTHROW Materials contained on the Website are the property of TENTHROW or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names contained in the TENTHROW Materials or on the Website are proprietary to TENTHROW or its affiliates and/or third-party licensors. Except as expressly authorized by TENTHROW, you agree not to sell, license, distribute, copy, download, reproduce, modify, publicly perform, publicly display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the TENTHROW Materials. TENTHROW reserves all rights not expressly granted in these Terms. You shall not acquire any right, title or interest to the TENTHROW Materials, except for the limited rights set forth in these Terms.

The Website is controlled and offered by TENTHROW from its facilities in the United States. TENTHROW makes no representations that the Website is appropriate or available for use in other locations, and access to the Website from territories where the content on the Website may be illegal or unauthorized is prohibited. Those who access or use the Website from other jurisdictions do so at their own risk subject to these Terms.

TENTHROW or third parties may provide links on the Website to other sites or content ("Reference Sites"). TENTHROW has no control over such Reference Sites or content, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the accuracy, quality, legality, privacy policies, practices, nature, availability or reliability of Reference Sites or content linked to by the Website. TENTHROW provides links to you only as a convenience, and the inclusion of any link on the Website does not imply our affiliation, endorsement, or adoption of the linked site or any information therein. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON REFERENCE SITES OR AVAILABLE THROUGH REFERENCE SITES, IS SOLELY AT YOUR OWN RISK. By using the Website, you expressly relieve TENTHROW from any and all liability arising from your use of any Reference Sites. When you leave the Website, these Terms and our policies no longer govern. Accordingly, you should review applicable terms and policies, including the privacy and data gathering practices, of any Reference Sites.

8.1 As a condition of your use of the Website, you will not use the Website for any purpose that is unlawful or prohibited by these Terms.

8.2 Any use by you of the Website other than for personal, non-commercial use is strictly prohibited. You agree not to reproduce, duplicate, copy, sell, trade, resell, distribute or exploit any portion of the Website, including any TENTHROW Materials for any purpose.

8.3 You agree not to intentionally interfere with or damage, impair or disable the operation of the Website by any means, including uploading or otherwise disseminating viruses, worms, spyware, adware or other malicious code.

8.4 You agree not to remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Website, features that prevent or restrict the use or copying of any content accessible through the Website, or features that enforce limitations on the use of the Website.

8.5 You agree not to attempt to gain unauthorized access to the Website, or any part of it, other accounts, computer systems or networks connected to the Website, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website.

8.6 You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website. You agree neither to modify the Website in any manner or form, nor to use modified versions of the Website, including, without limitation, for the purpose of obtaining unauthorized access to the Website.

8.7 You agree that you will not use any robot, spider, scrape, or use other automated means to access the Website for any purpose without the express written permission of TENTHROW, or bypass TENTHROW's robot exclusion headers or other measures TENTHROW may use to prevent or restrict access to the Website.

8.8 You agree not to utilize framing techniques to enclose any trademark, logo or other TENTHROW Materials without our express written consent. You agree not to use any meta tags or any other "hidden text" utilizing TENTHROW's name or trademarks without our express written consent.

8.9 You agree to promptly remove any links to the Website that TENTHROW finds objectionable in its sole discretion. You agree not to use any TENTHROW logos, graphics or trademarks as part of the link without our express written consent.

8.10 You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Website or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

8.11 You agree not to modify, adapt, translate or create derivative works based upon the Website or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

When you register you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You are not permitted to share this site with any unauthorized persons, where an unauthorized person is defined as any person who has not themselves received a unique username and password for the Website. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your account ID or password), you agree to immediately notify TENTHROW. You may be liable for the losses incurred by TENTHROW or others due to any unauthorized use of your account.

You agree that TENTHROW, in its sole discretion and for any or no reason, may terminate your access to the Website at any time, with or without notice. TENTHROW may also in its sole discretion and at any time discontinue providing access to the Website, or any part thereof, including, but not limited to, any individual's or band's video, with or without notice. You agree that TENTHROW'S termination of your access to the Website or to any content thereon will be without liability to you or any third party.

11.1 No Warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TENTHROW, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TENTHROW OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 11.1, THE TERM TENTHROW INCLUDES TENTHROW'S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUPPLIERS, LICENSORS, AFFILIATES AND SUBCONTRACTORS.

11.2 "As Is" and "As Aavailable" and "With All Faults". YOU EXPRESSLY AGREE THAT THE USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND ANY THIRD-PARTY MEDIA, CONTENT, SOFTWARE, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.

11.3 Platform Operations and Content.TENTHROW, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE TENTHROW MATERIALS, WEBSITE, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE WEBSITE OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

11.4 Accuracy. TENTHROW, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.

11.5 Harm To Your Computer. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS OR OTHERWISE OBTAIN INFORMATION, MATERIALS OR DATA THROUGH THE WEBSITE OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.

12.1 Limitation of Liability. UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL TENTHROW OR ITS AFFILIATES, CONTRACTORS, DIRECTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, DATA OR USE OR COST OF COVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE TENTHROW MATERIALS, THE WEBSITE OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH TENTHROW, EVEN IF TENTHROW OR A TENTHROW AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, TENTHROW'S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

12.2 Limitation of Damages. IN NO EVENT SHALL TENTHROW OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SUPPLIERS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF THE AMOUNT OF (A) ONE HUNDRED DOLLARS OR (B) THE AMOUNT OF FEES YOU HAVE PAID TENTHROW IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, IF ANY.

12.3 Reference Sites. THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN TENTHROW AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED BY YOU THROUGH ANY REFERENCE SITES.

13.1 Release. Without limiting the above, you hereby release, discharge, and hold harmless TENTHROW and its parent, subsidiaries, affiliates, sublicensees, licensors, vendors, suppliers, partners, designees, and assigns and each of their respective employees, officers, directors, and suppliers (collectively, "Releasees") from any and all claims, actions, damages, liabilities, losses, costs, and expenses of any kind (including, without limitation, attorneys' fees), arising out of, resulting from, or by reason of, your use of the Website.

13.2 Indemnification. You agree to indemnify and hold harmless TENTHROW, and its parent, subsidiaries, affiliates, sublicensees, licensors, vendors, suppliers, partners, designees, assigns or any related companies (including those which share substantially common ownership), and the officers, directors, employees, agents and representatives of any of them from any and all claims, losses, obligations, damages, liabilities, costs or debt and expenses (including attorney's fees) arising out of, (a) your use of the Website, (b) your violation of these Terms, and (c) your breach of any of the foregoing covenants. TENTHROW reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of TENTHROW.

14.1 Notice. TENTHROW may provide you with notices by electronic mail, regular mail or postings on the Website. If Notice is provided by electronic mail, notice will be deemed given twenty-four hours after electronic mail is sent, unless TENTHROW is notified that the electronic mail address is invalid. If notice is provided by posting, then notice will be deemed given upon posting on the Website. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Website. In such case, notice will be deemed given three days after the date of mailing.

14.2 Dispute Resolution If a dispute arises between you and TENTHROW, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and TENTHROW agree that we will resolve any claim or controversy at law or equity that arises out of these Terms or your use of the Website (a "Claim") in accordance with one of the subsections below or as TENTHROW and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

14.2.1 Choice of Law; Forum. You agree that (i) the Website shall be deemed solely based in the District of Columbia and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over TENTHROW, either specific or general, in jurisdictions other than the District of Columbia. These Terms shall be governed in all respects by the internal substantive laws of the District of Columbia, without respect to its conflict of laws principles. You agree that any claim or dispute you may have against TENTHROW arising out of or relating to your use of the Website must be resolved by a court located in the District of Columbia, except as otherwise agreed by you and TENTHROW. You agree to submit to the personal jurisdiction of the courts located within the District of Columbia for the purpose of litigating all such claims or disputes.

14.2.2 Improperly Filed Claims All claims you bring against TENTHROW must be resolved in accordance with this Section 14.2 (Dispute Resolution). All claims filed or brought contrary to this Section 14.2 (Dispute Resolution) shall be considered improperly filed. Should you file a claim contrary to this Section 14.2 (Dispute Resolution), TENTHROW may recover attorneys' fees and its reasonable costs incurred in responding to such improperly filed claim.

14.3 Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of TENTHROW to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

14.4 Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

14.5 Assignment. The Terms may not be transferred or assigned by you, but may be assigned by TENTHROW without restriction. Any assignment attempted to be made in violation of these Terms shall be void.

14.6 No Agency. You agree that no joint venture, partnership, employment, or agency relationship exists between you and TENTHROW as a result of these Terms or use of the Website.

14.7 Survival. The following provisions of these Terms will survive the termination of this Agreement: Section 3 (Privacy Policy); 5 (Ownership; Proprietary Rights); 7 (Third-Party Websites); 8 (Prohibited Uses); 9 (Password); 10 (Termination); 11 (Disclaimers; No Warranties); 12 (Limitation of Liability and Damages); 13 (Release and Indemnification); 14 (Miscellaneous).

14.8 Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.

14.9 Entire Agreement. This is the entire agreement between you and TENTHROW relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter. These Terms shall not be modified except in a writing signed by both parties or by a change to these Terms made by TENTHROW as set forth in Section 4 above.

14.10 Disclosures. The services hereunder are offered by TENTHROW, Inc., located at 555 Massachusetts Avenue, N.W., #1207, Washington, DC 20001, electronic mail: Info@TenthRow.com. If you are a California resident, you may have this same information electronically mailed to you by sending a letter to the foregoing address with your electronic mail address and a request for this information.