TERM OF USE
This page (together with the documents referred to on it) outline the terms of
use on which you may make use of our website TheHungryJPEG.com.
Please read these terms of use carefully before you start to use the site. By
using our site, you indicate that you are at least 16 (if you reside in EU) / 18 (if you reside everywhere else aside from EU) years of age and you accept these terms of use and that you
agree to abide by them. If you do not agree, please refrain from using our site.
For information relating to terms of purchase, please click here
Information About Us
TheHungryJPEG.com is a site operated by 123RF Europe B.V. (“We”).
We are registered in Netherlands under company number 63664526
and have our registered office at Westerdok 146, 1013BH, Amsterdam, Netherlands. Our VAT number is NL 855342304B01
Accessing Our Site
Access to our site is permitted on a temporary basis, and we reserve the right
to withdraw or amend the service we provide on our site without notice (see
below). We will not be liable if for any reason our site is unavailable at any
time or for any period.
From time to time, we may restrict access to some parts of our site, or our
entire site, again without notice. If you choose, or you are provided with, a
user identification code, password or any other piece of information as part of
our security procedures, you must treat such information as confidential, and
you must not disclose it to any third party. We have the right to disable any
user identification code or password, whether chosen by you or allocated by
us, at any time, if in our opinion you have failed to comply with any of the
provisions of these terms of use or we believe your user identification has
been compromised or otherwise believe there is a security risk presented by
use of such user identification.
You are responsible for making all arrangements necessary for you to have
access to our site. You are also responsible for ensuring that all persons who
access our site through your internet connection are aware of these terms,
and that they comply with them.
Mobile Use
Though our website is designed responsively to work with mobile and tablet
devices, TheHungryJPEG.com does not warrant that our mobile website (or
software) will be compatible with your mobile device or tablet.
Prohibited Uses
In accessing any part of our site, you agree:
• not to use our site in such a way that disrupts, interferes with or restricts the
use of our site by other users;
• not to reverse engineer, decompile, copy or adapt any software or other
code or scripts forming part of our site; and
• not to change, modify, delete, interfere with or misuse data contained on our
site and entered by or relating to any third party user of our site.
Material contained in our site must not be reproduced or exploited for
commercial gain. All other rights are reserved and users must seek our
permission before making any other use of material contained in our site.
Any use or access to this website (or service) by anyone under the age of 13,
is strictly prohibited and in violation of this agreement.
TheHungryJPEG.com Accounts
An account on TheHungryJPEG.com will give you access to any purchase
you have made to date, allow you to communicate with designers and post
comments on products you like.
If you want to open an account TheHungryJPEG.com on behalf of an
organization or other entity, then
- you, includes you and that entity
- you represent and warrant that you are an authorized
representative of the organization or entity with the authority to bind
the entity of this agreement. Your agreement in opening this
account is on behalf of the organization.
Using another account on TheHungryJPEG.com is strictly forbidden without
the account owners prior permission.
All accounts created, must be done with accurate and complete information.
You are solely responsible for the activity undertaken through this action, and
will be held responsible for anything that conflicts with the terms of our
website, laid out within this document.
We encourage users to use “strong” passwords, including a lot of characters,
as well as a mix of Upper and lowercase characters, as well as a range
punctuation, numbers and letters. Your password may be edited at any point
from within your account settings area.
Any suspected breach of your account, must be notified to us straight away.
TheHungryJPEG.com will not be liable for any losses caused by any
unauthorized use of your account.
By providing TheHungryJPEG.com with your email addresses, we may in turn
send you email notifications regarding offers, updates, improvements,
products, legal notices or anything else we wish to notify you about.
You may opt out of these emails in your account area.
Tax Information and Processing Fee
a) TheHungryJPEG.com is part of 123RF Europe B.V., a Netherlands registered company. As a member of the EU state we are legally obliged to charge VAT to any customer based in the EU, who cannot provide a valid EU VAT Identification Number.
b) Invoices are automatically generated and delivered to buyers on our website. These invoices are from TheHungryJPEG.com under 123RF Europe B.V.
c) Effective December 28, 2017, a processing fee of $1 applies to purchases at a total of $3 and below. Refunded purchases will not include processing fees paid.
Buyer Protection and Disputes
We at TheHungryJPEG.com work tirelessly to ensure any purchase from our
website is as smooth and hassle-free as possible. However, should you not
receive your item or receive an item that was different from what was
described in the listing, and cannot reach a solution with the seller, we will
endeavour, at our discretion, to resolve the situation between both buyer and
seller as quick as possible. However, are under no obligation to do so.
Should you submit a dispute to us, you are agreeing in full, to permit us to
make a final decision on your behalf regarding the related transaction.
Should you wish to submit a dispute to us, please email us on
hello@thehungryjpeg.com
Content Standards and Uploaded Content
These Content Standards apply to any content or comments posted or
uploaded on our site. The Content Standards must be complied with in spirit
as well as to the letter. We will determine, in our discretion, if such postings
breach the Content Standards. We reserve the right to edit, not publish or to
remove any content. Although our site is fully moderated, we are under no
obligation to you or any other person to oversee, monitor or moderate our site
or any other service we provide on our site and we may stop moderating our
site at any time.
Postings (or comments) must:
• Be accurate (where it states facts)
• Be genuinely held (where it states opinion)
• Be relevant
• Be informative
• Be civil and respectful of others
• Be written in English and comply with acceptable standards of spelling and
grammar
• Comply with the laws applicable in Netherlands and in any country
from which it is posted
Postings must not:
• Contain specific accusations of negligence, abuse or criminal activity.
• Be defamatory of any individual or organisation
• Be obscene, offensive, hateful, threatening, inflammatory or that are likely to
harass or calculated to seriously alarm or annoy any other person
• Promote discrimination based on race, sex, religion, nationality, disability,
sexual orientation or age
• Contain abusive language
• Disclose the name, address, telephone, mobile or fax number, e-mail
address or any other personal data in respect of any individual
• Be written in capitals
• Stereotype sections of society
• Name any organisations/businesses other than the organisation/business
that is relevant to the listing, review etc…
• Infringe any copyright, database right or trade mark of any other person
• Breach any legal duty owed to a third party, such as a contractual duty or a
duty of confidence
• Be in contempt of court
• Impersonate any person, or misrepresent your identity or affiliation with any
person
• Give the impression that the posting emanates from us if this is not the case
• Advocate, promote, incite any third party to commit, or assist any unlawful or
criminal act
• Contain a statement which you know or believe, or have reasonable grounds
for believing, that members of the public to whom the statement is, or is to be,
published are likely to understand as a direct or indirect encouragement or
other inducement to the commission, preparation or instigation of acts of
terrorism
• Contain any advertising or promote any services or web links to other sites.
Content standards also apply to any videos uploaded to the site and, in
addition to the general content standards listed above, the following specific
standards (“Video Standards”) will apply:
• Videos will only be posted by someone who has obtained all necessary
rights and permissions to do so. Such rights and permissions will include (but
not be limited to) licences and releases of any applicable copyright and
performers’ rights licences and releases and consents under the Data
Protection Act from anyone shown in the video or whose personal data is
used in the video;
• Videos will comply with the laws applicable in Netherlands and in any
country from which it is posted;
• Videos will not contain flashing content or other material which carries a
material risk of triggering migraines, photo-sensitive epilepsy or other
conditions affected by visual material;
• Videos will not contain any material which would prevent the video in
question obtaining a PG rating as a maximum were it subject to classification
by the BBFC under its then current guidelines.
Notice & Take Down Procedure: If you believe that content on our website
may breach any of our Content Standards you can alert one of our
moderators by clicking on the link provided or by emailing
hello@thehungryjpeg.com. You will need to provide your email address
and/or telephone together with a short explanation why you believe the
content does not comply with our Content Standards. Reporting content will
not automatically remove it, but will ensure we look at it as soon as possible.
The moderators will then decide whether to remove it permanently or reinstate
it.
Indemnification: You agree to indemnify and hold us harmless from and
against any direct or indirect loss or damage (including consequential loss
and loss of profits, goodwill or business opportunities) arising from any third
party claim in relation to content you have uploaded onto our website or your
breach of the provisions of these terms.
Social Media: We have a social media presence and use Facebook and
Twitter among other social media platforms. Please note that material posted
by you to this site may be reposted or promoted by us on our social media
platforms on the same conditions as apply to our website and subject to any
additional conditions imposed by the platform in question. By posting to our
website you are deemed to consent to any reposting or promotion by us using
social media.
Intellectual Property Rights
We are the owner of all intellectual property rights in the material and data on
our site, subject to the provisions in the intellectual property rights in the
Content Standards and Uploaded Content (see above). Such rights include,
but are not limited to:
• unregistered trade mark rights protecting our business and trading names;
• database rights protecting the data published on our site;
• copyright and design rights in the text and graphics on our site; and
• copyright in the software used on our site other than that licensed to us.
Our status (and that of any identified contributors) as the authors of material
on our site must always be acknowledged.
We expressly prohibit any third party from gathering, extracting, reproducing
and/or displaying any material or data on or from our site, regardless of how
such material or data is obtained (eg by the use of spiders or other ‘screen
scraping’ software or system used to extract data) or the reason it is obtained.
If you print off, copy or download any part of our site or use the data on our
site in breach of these terms of use, your right to use our site will cease
immediately and you must, at our option, return or destroy any copies of the
materials you have made, and delete the data from any medium in your
possession, custody or control. You may also be exposed to a possible claim
for damages for breach of intellectual property rights and/or contract. We
expressly reserve all rights in this regard.
You agree to indemnify and hold us harmless from and against any direct or
indirect loss or damage (including consequential loss and loss of profits,
goodwill or business opportunities) arising from any third party claim in
relation to your use of our site or your breach of the provisions of these terms.
Reliance on Information Posted
Commentary and other materials posted on our site are not intended to
amount to advice on which reliance should be placed. We therefore disclaim
all liability and responsibility arising from any reliance placed on such
materials by any visitor to our site, or by anyone who may be informed of any
of its contents.
Privacy
The privacy of our users is extremely important to us. You understand that by
using the services you consent to the collection, use and disclosure of your
personal information as set forth in our Privacy Policy
Our Site Changes Regularly
We aim to update our site regularly, and may change the content at any time.
If the need arises, we may suspend access to our site, or close it indefinitely.
Any of the material on our site may be out of date at any given time, and we
are under no obligation to update such material.
Our Liability
The material displayed on our site is provided without any guarantees,
conditions or warranties as to its accuracy. To the extent permitted by law,
we, other members of our group of companies and third parties connected to
us hereby expressly exclude:
1 All conditions, warranties and other terms which might otherwise be
implied by statute, common law or the law of equity.
2 Any liability for any direct, indirect or consequential loss or damage
incurred by any user in connection with our site or in connection with the use,
inability to use, or results of the use of our site, any websites linked to it and
any materials posted on it, including, without limitation any liability for:
2.1 loss of income or revenue;
2.2 loss of business;
2.3 loss of profits or contracts;
2.4 loss of anticipated savings;
2.5 loss of data;
2.6 loss of goodwill;
2.7 wasted management or office time; and
2.8 for any other loss or damage of any kind, however arising and whether
caused by tort (including negligence), breach of contract or otherwise, even if
foreseeable, provided that this condition shall not prevent claims for loss of or
damage to your tangible property or any other claims for direct financial loss
that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our
negligence, nor our liability for fraudulent misrepresentation or
misrepresentation as to a fundamental matter, nor any other liability which
cannot be excluded or limited under applicable law.
Information About You and Your Visits to Our Site
We process information about you in accordance with our privacy policy. By
using our site, you consent to such processing and you warrant that all data
provided by you is accurate.
Viruses, Hacking and Other Offences
You must not misuse our site by knowingly or recklessly introducing viruses,
trojans, worms, logic bombs or other material which is malicious or
technologically harmful. You must not attempt to gain unauthorised access to
our site, any account on our site, the server on which our site is stored or any
server, computer or database connected to our site. You must not attack our
site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the
Computer Misuse Act 1990 and other relevant laws in this and other
jurisdictions. We will report any such breach to the relevant law enforcement
authorities and we will co-operate with those authorities by disclosing your
identity to them. In the event of such a breach, your right to use our site will
cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-
service attack, viruses or other technologically harmful material that may
infect your computer equipment, computer programs, data or other proprietary
material due to your use of our site or to your downloading of any material
posted on it, or on any website linked to it.
Linking to Our Site
You may link to our site, provided you do so in a way that is fair and legal and
does not damage our reputation or take advantage of it, but you must not
establish a link in such a way as to suggest any form of association, approval
or endorsement on our part where none exists. You must not establish a link
from any website that is not owned by you. Our site must not be framed on
any other site. We reserve the right to withdraw linking permission without
notice.
Should you wish to showcase one of our websites freebies, the reader must
always be directed to TheHungryJPEG.com to access the download. We
strictly prohibit any site publishing our freebies, without having a separate
agreement with the designer of that product.
If you wish to make any use of material on our site other than that set out
above, please address your request to hello@thehungryjpeg.com
Links from Our Site
Where our site contains links to other sites and resources provided by third
parties, these links are provided for your information only. We have no control
over the contents of those sites or resources, and accept no responsibility for
them or for any loss or damage that may arise from your use of them.
Jurisdiction and Applicable Law
The English courts will have exclusive jurisdiction over any claim arising from,
or related to, a visit to our site although we retain the right to bring
proceedings against you for breach of these conditions in your country of
residence or any other relevant country. These terms of use and any dispute
or claim arising out of or in connection with them or their subject matter or
formation (including non-contractual disputes or claims) shall be governed by
and construed in accordance with the law of Netherlands.
Variations
We may revise these terms of use at any time by amending this page. You
are expected to check this page from time to time to take notice of any
changes we made, as they are binding on you. Some of the provisions
contained in these terms of use may also be superseded by provisions or
notices published elsewhere on our site.
Your Concerns
If you have any concerns about material which appears on our site, please
contact hello@thehungryjpeg.com
Thank you for visiting our site.
This agreement was last revised on 28th December 2017.
PRIVACY POLICY
This Privacy Policy was last modified on 1st September 2017 and first published and made effective as at 1st September 2017.
123RF Europe B.V. (“We” or “Us”) are committed to protecting and
respecting your privacy.
This policy (together with our terms of use and any other documents referred
to on it) sets out the basis on which any personal data we collect from you, or
that you provide to us, will be processed by us. Please read the following
carefully to understand our views and practices regarding your personal data
and how we will treat it.
For the purpose of the Data Protection Act 1998 (the “Act”), the data
controller is 123RF Europe B.V., Westerdok 146, 1013BH, Amsterdam, Netherlands
Information we may collect from you
We may collect and process the following data about you:
- Information that you provide by filling in forms on our site
thehungryjpeg.com, our email newsletter and any purchases made through
our website. We do not hold any payment information.
This includes information provided at the time of registering to use our site,
subscribing to our service, posting material or requesting further services. We
may also ask you for information when you report a problem with our site.
- If you contact us, we may keep a record of that correspondence.
- We may also ask you to complete surveys that we use for research
purposes, although you do not have to respond to them.
- Details of transactions you carry out through our site and of the fulfilment of
your orders.
- Details of your visits to our site including, but not limited to, traffic data,
location data, weblogs and other communication data, whether this is required
for our own billing purposes or otherwise and the resources that you access.
IP addresses and cookies
We may collect information about your computer, including where available
your IP address, operating system and browser type, for system
administration and to report aggregate information to our advertisers. This is
statistical data about our users’ browsing actions and patterns, and does not
identify any individual.
For the same reason, we may obtain information about your general internet
usage by using a cookie file which is stored on the hard drive of your
computer. Cookies contain information that is transferred to your computer’s
hard drive. They help us to improve our site and to deliver a better and more
personalised service. They enable us:
- To estimate our audience size and usage pattern.
- To store information about your preferences, and so allow us to customise
our site according to your individual interests.
- To speed up your searches.
- To recognise you when you return to our site.
You may refuse to accept cookies by activating the setting on your browser
which allows you to refuse the setting of cookies. However, if you select this
setting you may be unable to access certain parts of our site. Unless you have
adjusted your browser setting so that it will refuse cookies, our system will
issue cookies when you log on to our site.
- We do not store personal or financial information in the processes of payment, nor did we share this information with 3rd parties.
Third Party Services
TheHungryJPEG uses third party analytical services including Google
Analytics to help understand customer behaviour, to enhance user experience
on our website. These services collect the information sent by your browser
as part of a web page request, including cookies and your IP address. Their
use of this information is governed by their own Privacy Policy.
Where we store your personal data
All information you provide to us is stored on our secure servers. Where we
have given you (or where you have chosen) a password which enables you to
access certain parts of our site, you are responsible for keeping this password
confidential. We ask you not to share a password with anyone. This password
is fully encrypted on our database, and cannot be viewed by any member of
TheHungryJPEG.com team.
Unfortunately, the transmission of information via the internet is not
completely secure. Although we will do our best to protect your personal data,
we cannot guarantee the security of your data transmitted to our site; any
transmission is at your own risk. Once we have received your information, we
will use strict procedures and security features to try to prevent unauthorised
access.
Uses made of the information
We use information held about you in the following ways:
- To ensure that content from our site is presented in the most effective
manner for you and for your computer.
- To provide you with information, products or services that you request from
us or which we feel may interest you, where you have consented to be
contacted for such purposes.
- To carry out our obligations arising from any contracts entered into between
you and us.
- To allow you to participate in interactive features of our service, when you
choose to do so.
- To notify you about changes to our service.
If you are an existing customer, or have joined our mailer list we will only
contact you by electronic means (e-mail or SMS) with information about
goods and services similar to those, which were the subject of a previous sale
to you.
If you do not want us to use your data in this way, or to pass your details on to
third parties for marketing purposes, please email hello@thehungryjpeg.com
and your entry will be removed.
Disclosure of your information
We will share your Personal Information to third parties only in the ways that are described in this Privacy Policy.
We may disclose your personal information to third parties:
- In the event that we sell or buy any business or assets, in which case we
may disclose your personal data to the prospective seller or buyer of such
business or assets.
- If 123RF Europe B.V. or substantially all of its assets are acquired by a
third party, in which case personal data held by it about its customers will be
one of the transferred assets.
- If we are under a duty to disclose or share your personal data in order to
comply with any legal obligation, or in order to enforce or apply our terms of
use or terms and conditions of supply and other agreements; or to protect the
rights, property, or safety of 123RF Europe B.V., our customers, or
others. This includes exchanging information with other companies and
organisations for the purposes of fraud protection and credit risk reduction.
Your rights
You have the right to ask us not to process your personal data for marketing
purposes. We will usually inform you (before collecting your data) if we intend
to use your data for such purposes. You can exercise your right to prevent
such processing by contacting us at hello@thehungryjpeg.com
Our site may, from time to time, contain links to and from the websites of our
partner networks, advertisers and affiliates. If you follow a link to any of these
websites, please note that these websites have their own privacy policies and
that we do not accept any responsibility or liability for these policies. Please
check these policies before you submit any personal data to these websites.
Compromise of Information
In the event that personal information is compromised as a result of a breach
of security, we will promptly notify those persons whose personal information
has been compromised.
Underage Privacy Policy
Protecting the privacy of young children is extremely important. Because of
this, we do not knowingly collect or solicit personal information from anyone
under the age of 13. Neither do we knowingly allow such persons to register
as Members.
If you are under the age of 13, we ask for you not to send in any information
about yourself to any member of our team. This includes your name, address,
telephone number or email address.
In the event of this information being received or published on our website,
without verification or parental consent, we will delete that information as
quickly as possible. Should you believe we may have information on a child
under the age of 13, please do contact us on hello@thehungryjpeg.com
Access to information
You have the right to access your Personal Information and amend your Personal Information at any time. This may be carried out by logging into your account at https://thehungryjpeg.com/index.php
Changes to our privacy policy
Any changes we may make to our privacy policy in the future will be posted
on this page and, where appropriate, notified to you by e-mail.
Contact
Questions, comments and requests regarding this privacy policy are
welcomed and should be addressed to hello@thehungryjpeg.com
123RF Europe B.V.
Westerdok 146,
1013BH
Amsterdam
Netherlands
