Fetch Presets End User Agreement
Last updated: 26 November 2021
Please read this End-User License Agreement (“Agreement”) carefully before downloading or using Fetch Presets (“Application”).
By downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement.
If you do not agree to the terms of this Agreement do not download or use the Application.
License
B&M Studios grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application solely for your personal use in accordance with the terms of this Agreement.
Restrictions
You agree not to, and you will not permit others to:
License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
Modifications to Application
B&M Studios reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.
Third-Party applications
Fetch Presets may be integrated with, or interact with, third-party applications and services. Your use of such third-party applications and services may be subject to additional terms, conditions, and policies provided to you by the third party. Fetch Presets does not guarantee that such third-party applications and services will be compatible with Fetch Presets.
Term and Termination
This Agreement shall remain in effect until terminated by you or B&M Studios.
B&M Studios may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from B&M Studios, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your from your computer.
Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your computer.
Amendments to this Agreement
B&M Studios reserves the right, at its sole discretion, to modify or replace this Agreement at any time.
Disclaimer of Warranties
You acknowledge that the Application and content (including that of third parties) is provided on an “as is” and “as available” basis. We disclaim all warranties of any kind as to the use of the Application, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Application will meet your requirements, will be uninterrupted, timely, secure, or error-free, the results that may be obtained from the service will be accurate or reliable, and any errors in the services or technology will be corrected. We aim to maintain Fetch Presets, however, we may need to modify, suspend, or stop (permanently or temporarily) providing all or part of the Fetch Presets application due to technical difficulties, compatibility issues with third party applications, or updates.
Under no circumstances shall B&M Studios or its affiliates be liable for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with your access to or use of or inability to access or use the application. Fetch Presets has no liability to you, nor any obligation to provide a refund to you, in connection with service outages or failures that are caused by the actions of government authorities, other third parties, or events beyond our control.
Indemnification
You agree to indemnify and hold B&M Studios harmless from and against all damages, losses, and expenses of any kind arising out of or related to: (1) your breach of any of these Terms (including any additional Fetch Presets terms and conditions); (2) any content you post or otherwise contribute; (3) any activity in which you engage on or through the Fetch Presets Application; and (4) your violation of any law or the rights of a third party.
Governing law and jurisdiction
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed and enforced in accordance with the laws of Queensland, Australia.
Arbitration agreement
Any dispute, controversy or claim arising out of, relating to or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be resolved by arbitration in accordance with the ACICA Arbitration Rules. The seat of arbitration shall be Brisbane, Australia. The language of the arbitration shall be English. The number of arbitrators shall be one.
Contact
If you have any questions about this Agreement, please contact us.