TuneFetcher Intellectual Property

Terms and Conditions

Set out below are a number of terms and conditions (Our Terms & Conditions) which govern use of property (Our Property) owned by Ross Clark and Mark Osborne (hereafter “Us or We”). Our Property includes, viagra sale but is not limited to:

1. www.tunefetcher.com (Our Website) and web pages, cialis canada whole or in part, published by Our Website;

2. individual elements of Our Website’s design, underlying code, or text, sounds, graphics, animated elements;

3. TuneFetcherTM (Our TM) which is the subject of Australian trade mark application number 1460361;

4. a software application adapted for use on mobile computer devices (hereafter “Our App”) which is an invention (Our Invention) conceived and developed by Us and is the subject of Australian Provisional Patent Application Number 2011904693; and

5. copyright (Our Copyright) which subsists in various forms, including, but not limited to, works relating to Our App, Our TM, Our Invention, and Our Website.

The copyright is owned by Us, or in the case of some material by a third party. You are authorised to use Our Property solely for personal, non-commercial, use. Any other use, including the reproduction, modification, distribution, transmission, republication or display of the content of Our Website is strictly prohibited.

We reserve all rights associated with Our Property. All users of the App and Our Website agree to not use Our Property in any unauthorised manner.

1. Acceptance of Our Terms & Conditions

By using Our Website or Our App, you are deemed to have accepted Our Terms & Conditions of use.

2. Trade Marks

All trade names, trade marks, service marks and other product and service names and logos (Marks) displayed on Our Website are proprietary to their respective owners and are protected by applicable trade mark and copyright laws. These Marks may be registered or unregistered marks of US or others.

Nothing contained in Our Website should be construed as giving you any right in or license to use the Marks displayed on Our Website.

3. Third party sites

Our Website may contain links to third party websites. These links are provided for convenience only and may not remain current or be maintained. Unless otherwise expressly stated, We do not have a relationship with the owners or operators of the third party websites or control over or rights in those websites; and links to these linked websites should not be construed as recommendations or endorsements by US, or preference by US of the owners or operators of the sites, or for any information, goods or services referred to on those other websites.

We do not take any responsibility for the content or functionality of third party websites. You access those sites solely at your own risk.

4. Commercial Electronic Messages

If you express interest in goods or services through your use of Our Website, you consent to US sending commercial electronic messages (including messages about goods and services and the goods and services of third parties) to electronic addresses which you have provided to us for which you or your employer are the relevant electronic account holder.

5. Disclaimer

Your access to Our Website is at your own risk. The information contained in Our Website is provided by us in good faith on an “as is” basis. The information is believed to be accurate and current at the date the information was placed on Our Website. We may, from time to time, change or add to Our Website without notice. However, We do not undertake to keep Our Website updated. We make no representation or warranty as to the reliability, accuracy or completeness of the information contained on Our Website or that Our Website will be uninterrupted or error free. To the extent permitted by applicable law, all representations, warranties and other terms are excluded.

To the extent permitted by law, We will in no way be liable to you or anyone else for any loss or damage, however caused (including through negligence) which may be directly or indirectly suffered in connection with use of Our Website or third party websites which are linked from this Website. This limitation applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer, as well as damages for loss of profits, business interruption or loss of data or information.

6. Viruses

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of Our Website or a linked third party Website. You must take your own precautions to ensure that whatever you select for your use from Our Website is free of viruses or anything else (such as worms or trojan horses) that may interfere with or damage the operations of your computer systems.

7. Indemnity

You indemnify US against any and all loss, damage, demand, cost or expense claimed by a third party as a result of or in connection with your use of or conduct on Our Website.

8. Changes to the Website and your access

We reserve the right to vary or discontinue Our Website or any page of Our Website at any time and terminate your access to part or all of Our Website at any time. If we vary or discontinue Our Website or any page of Our Website please note that notice will be given on Our Website itself.

9. Changes to the Terms

We reserve the right to amend these Terms & Conditions at any time without notice. Any amendment will come into effect from the time posted on Our Website. Your use of this Website after any amendment constitutes an agreement by you to comply with and be bound by the amended Terms of Use. Accordingly, you should read Our Terms & Conditions from time to time for changes.

10. Governing law

Our Terms & Conditions are governed by the laws in force in Victoria, Australia and you submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and any courts which may hear appeals from those courts in respect of any proceedings in connection with Our Terms & Conditions or Our Website.

Our Website may be accessed throughout Australia and overseas. We make no representations that the content of Our Website complies with the laws of any country outside Australia. If you access Our Website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access Our Website.

11. Severance of clauses

If any clause of Our Terms & Conditions is held to be invalid, void, unlawful or unenforceable for any reason, that clause will be severed from Our Terms & Conditions and it will not affect the validity and enforceability of the remainder of the Our Terms & Conditions.