DISCLAIMER: The information provided by TenFish.com may come via a third party. While TenFish.com will use its best endeavours to ensure that the information is correct at the time it is provided, we can not and do not represent, endorse or guarantee the accuracy or reliability of any of the information contained on, distributed by, or downloaded or accessed from this site.
Notice to Music Publishers
NOTICE TO MUSIC PUBLISHERS: TenFish.com has all applicable performing rights licenses and is actively seeking licensing by applicable mechanical rights societies in the USA as well as music publishing companies. TenFish.com is actively engaged in identifying, contacting, closing licenses with and paying all music publishing companies whose musical compositions are implicated by its ringtone service. It has accrued and budgeted a cash reserve for its licensing liabilities. Completing the licensing process with virtually innumerable individual music publishing companies is a time-consuming process. If your company has not yet been contacted, kindly send an email to licensing@tenfish.com who will respond promptly on consummating an appropriate license.
DISCLAIMER: Individual and group names of artists are used on this web site solely for the nominative purpose of accurately identifying the inventory of ringtones being offered. TenFish.com does not purport to own any rights in or to any such names. None of the named artists has any affiliation, connection or association with TenFish.com or has furnished any of the offered ringtones. None of them has endorsed, sponsored or approved of TenFish.com products, services or commercial activities, and TenFish.com disavows any implication that they have done so. All tones are sound melody only and do not include vocals of any kind by artists indicated.
To the full extent permitted by law, TenFish.com and its officers, employees, agents and associates exclude all liability for any loss or damage (whether direct, indirect, special or consequential) which may be suffered or incurred from the use of, or reliance upon, the information contained on, distributed by, downloaded or accessed from this site.
In particular, we accept no liability for loss of business, personal distress, inconvenience or any other damage associated with or resulting from accessing or downloading the information on our website.
Any warranty or condition that would otherwise be implied in this agreement is excluded to the full extent permitted by the law. Where statute implies any condition or warranty in relation to your use of this website and that statute prohibits and exclusion or modification of that then, then that term is included in these conditions.
However, the liability of TenFish.com is limited, at your option, to one of the following:
(a) if the breach relates to goods:
(i) the replacement of the goods or the supply of the relevant goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired;
(b) if the breach relates to services:
(i) the supplying of the services again; or
(ii) the payment of the cost of having those services supplied again.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
TenFish.com does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant TenFish.com the following world-wide, royalty free and non-exclusive license(s), as applicable:
With respect to Content you submit or make available for inclusion on publicly accessible areas of TenFish.com , the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or TenFish.com removes such Content from the Service.
With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible area of the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or TenFish.com removes such Content from the Service.
"Publicly accessible" areas of the Service are those areas of the TenFish.com network of properties that are intended by TenFish.com to be available to the general public.
TenFish.com obtains information from third parties and cannot guarantee the reliability or performance of this information. In particular it advises that:
(a) not all handsets will reproduce the text, ringtones or graphical images exactly as they are represented by any previews available on this website.
(b) handsets must support short message services (SMS) in order to accept the information that is downloaded;
(c) the information downloaded or otherwise obtained from this website will operate only on a phone connected to the GSM network and may not work outside Australia;
(d) information is delivered to handsets via third party telephone operators and therefore delivery can not be guaranteed.
This website and its contents are subject to copyright under the laws of Australia and by international treaty.
By accessing this website you agree to comply with these laws. This means that you may not reproduce, copy, transmit, adapt or otherwise infringe the copyright in the whole or part of this website for any purpose otherwise than as allowed by this agreement or under the law.
By accessing TenFish.com you accept that any disputes about this website or the information contained on this website are to be determined by the law and courts of New South Wales, Australia. All information transfers from this website shall be deemed to have taken place within New South Wales.
The information provided on this website is supplied in accordance with the laws of New South Wales and the Commonwealth of Australia. If you access this site from overseas, you do so on your own responsibility and you alone will be responsible for complying with the law where you are located.
TERMS OF SERVICE:
TenFish.com is committed to protecting your privacy. However, in order to reduce the usage cost of our products and services and make them as effective as possible, we do need to collect and collate certain information and provide that information to advertisers. This policy statement outlines the conditions under which this information gathering process will take place.
Except as required by law or necessity, TenFish.com will not sell, trade or otherwise disclose to third parties any personal information derived from the registration for or use of the website without the express consent of the person concerned.
TenFish.com may collect personal information as outlined below. This information may be used to market or promote new services and products that we believe may interest you. This marketing will be by way of an email or SMS for each product or service. We will never contact you directly. We will never give your personal information (including your email address) to third parties.
Our servers automatically record IP addresses along with which pages were visited within the TenFish.com website and which information is previewed. This information is important so that we can maintain and improve our website and locate problem areas within our servers. No personal details are recorded with this information. Information about total site usage it collected and aggregated and may be revealed to advertisers.
However at no time will personal or individual information be made available to advertisers. Our servers may log the last site you visited before TenFish.com . This is done so that we can best determine how to promote our site. The information is recorded anonymously and will not be disclosed without your express permission. We reserve the right to record IP addresses and other user-identifying information in order to prevent improper or illegal conduct or conduct that otherwise violates this agreement.
Our servers automatically record IP addresses along with which pages were visited within the TenFish.com website and which information is previewed. This information is important so that we can maintain and improve our website and locate problem areas within our servers. No personal details are recorded with this information. Information about total site usage it collected and aggregated and may be revealed to advertisers.
However at no time will personal or individual information be made available to advertisers. Our servers may log the last site you visited before TenFish.com . This is done so that we can best determine how to promote our site. The information is recorded anonymously and will not be disclosed without your express permission. We reserve the right to record IP addresses and other user-identifying information in order to prevent improper or illegal conduct or conduct that otherwise violates this agreement.
A cookie is a packet of information sent from our servers to your computer that may be returned to us on a subsequent visit. We use cookies to remind us of who you are, to allow us to tailor our site to suit your needs and to ensure that you receive the proper information from our databases while you visit our site. We may sometimes pass on the information gained from the use of cookies to advertisers. However, we will always ensure that such information is anonymous.
TenFish.com requires all staff to sign non-disclosure agreements and to abide by the principles of this privacy policy. If contractors or other third parties are engaged to perform tasks on our behalf, we will ensure where possible that all information is provided anonymously. Where this is not feasible, we will require that contractors or other third parties sign non-disclosure documents or otherwise deal with any information gained in the course of their duties in a manner that is consistent with the principles of this privacy policy.
Our registration procedure requires that you provide us with certain demographic and other information. We use this information to better customise the content of the site to suit your needs and interests. We may also share this information with advertisers, although only on an aggregate basis. The same principles apply to any information collected through online contests and surveys.
TenFish.com has put in place security measures designed to ensure the security and integrity of all information under our control. We will use our best endeavours to ensure that these measures are kept up to date.