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TERMS

THE HUNGRYJPEG TERMS OF SERVICE

General Stores

1.    Acceptance of these Terms

By using or visiting the TheHungryJPEG website located at TheHungryJPEG.com (“TheHungryJPEG”) or any TheHungryJPEG products and services provided to You from or through the TheHungryJPEG website (collectively the “Service”) You signify Your agreement (whether on behalf of Yourself or the entity that You represent) to the terms and conditions (“Terms of Service”) herein and TheHungryJPEG’s Privacy Policy, found at https://thehungryjpeg.com/privacy-policy, incorporated herein by reference.

If You do not agree to any of the terms in this Terms of Service, please do not access and/or use the Service.

You may not access or use the Service if You are not at least the legal age of your country of residence.

TheHungryJPEG may, in its sole discretion, modify or revise these Terms of Service at any time, and You agree to such modifications or revisions by Your continual usage of the Service. Nothing in these Terms of Service shall be deemed to confer any third party rights or benefits.


2.    Service

These Terms of Service set forth the legally binding terms and conditions that apply to all users of the Service, including users who contribute content on the Service.


3.    Accounts

In order to use certain features of the Service, You will need to register for an account (“Account”) and provide accurate and complete information.  You represent that (a) all information submitted by You is truthful and accurate; and (b) You will maintain the accuracy of such information. You are solely responsible for the activity that occurs on Your Account and You must keep Your Account password secure. You must immediately notify TheHungryJPEG of any unauthorized use of Your Account or any breach of security. TheHungryJPEG will not be liable for any loss or damage arising from the unauthorized use of Your Account and You may be liable for the losses of TheHungryJPEG due to such unauthorized use.

You may delete Your Account at any time, for any reason, by following the instructions on the Service. TheHungryJPEG may terminate Your Account in the event You have breached these Terms of Service.


4.    Access to the Service

TheHungryJPEG hereby grants You a non-transferable, non-exclusive, revocable, limited license to use and access the Service, provided that:

  • You shall not license, sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit any part of the Service, or any content displayed on the Service without TheHungryJPEG’s prior written authorization.
  • You shall not modify or alter any part of the Service.
  • You shall not access the Service through any technology or means other than the technology provided on the Service, or other authorized means TheHungryJPEG may designate.
  • You shall not sell access to the Service, or sell advertising, sponsorships or promotions within the Service of the content on the Service without TheHungryJPEG’s prior written approval.

TheHungryJPEG reserves the right at any time, to modify, suspend or discontinue the Service with or without notice to You. You agree that TheHungryJPEG will not be liable to You or to any third party for any modification, suspension or discontinuation of the Service. You further agree that TheHungryJPEG will have no obligation to provide You with any support or maintenance in connection with the Service.

Unless otherwise indicated, any future release, update or other added functionality of the Service shall be subject to these Terms of Service.

You agree not to use or launch any automated system, including without limitation, “robots”, “spiders”, or “offline readers” that accesses the Service in a manner not humanly possible. You agree not to collect or harvest any personally identifiable information, including account names from the Service or to use the communication systems provided by the Service for any solicitation purposes.

Except as otherwise expressly stated herein, TheHungryJPEG are made available on an "AS IS," "AS AVAILABLE," and "WITH ALL FAULTS" basis. Except as otherwise expressly stated herein, TheHungryJPEG, its employees, directors, and officers, and anyone else associated with TheHungryJPEG disclaims, to the fullest extent permitted by law, any and all warranties, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, non-infringement, or that Your usage of TheHungryJPEG will be uninterrupted, error free of computer viruses or other damaging materials. When the website is accessed and used, You do so at Your own risk. TheHungryJPEG, its employees and officers, and anyone else acting on behalf of TheHungryJPEG also disclaims any and all common-law duties, including without limitation duties of reasonable care and workmanlike effort. TheHungryJPEG, its employees, directors, officers and anyone else associated with or acting on behalf of TheHungryJPEG make no representation or warranty that Your use of Content will not infringe or violate the trademark rights of any third party, or constitute a false designation of origin or any other form of unfair competition.


5.    Ownership

You acknowledge that all trademarks, service marks, copyrights and logos (“Marks”) on the Service are owned by TheHungryJPEG or licensed to TheHungryJPEG. Neither these Terms of Service nor Your access to the Service transfers to You or any third party any rights, title or interest in or to such Marks, except as otherwise provided in these Terms of Service.


6.    User-Generated Content

This website may include information and materials uploaded by other users of the site, including access to community features or functionality. The relevant user shall be solely responsible for User-Generated content and the relevant user assume all risks associated with the use of User-Generated content, including any reliance on its accuracy, completeness or usefulness by others.

Purchased products will be available for download on the purchase page as long as the product is available in the designer's store. Designers may remove their product(s) at anytime from their store and TheHungryJPEG will not be able to retrieve any removed products. Hence, upon any purchase, immediately download the product(s) and store them in your computer.

You further agree that TheHungryJPEG is not responsible for the accuracy, currency, suitability, or quality of any User Content, whether provided by You or by other users. Any interaction between users are solely within the users and TheHungryJPEG will not be responsible for any loss or damage incurred as the result of such interactions.


7.    Your Content

“Your Content” means any and all information and content that You submit, or use with the Service (including content found on Your profile or posts).

As an Account holder, You may submit Your Content on the Service. You shall be solely responsible for Your Content and You assume all risks associated with the use of Your Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of Your Content that personally identifies You or any third party.

You affirm, represent and warrant that You own or have the necessary licenses, rights, consents and permissions to use Your Content and You hereby grant TheHungryJPEG an irrevocable, non-exclusive, royalty-free worldwide license to reproduce, distribute, publicly display, perform and prepare derivative works and otherwise exploit Your Content and to grant sub-licences of the foregoing rights. You hereby irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content.  

You further agree that TheHungryJPEG is not responsible for the accuracy, currency, suitability, or quality of any User Content, whether provided by You or by other users. Any interaction between users are solely within the users and TheHungryJPEG will not be responsible for any loss or damage incurred as the result of such interactions.


8.    Third Party Links and Advertisements

The Service may contain links to third party websites and/or advertisements for third parties. These websites and advertisements are not owned or controlled by TheHungryJPEG and assumes no responsibility for the content, privacy policies, or practices of these websites and advertisements. In addition, TheHungryJPEG will not and cannot censor or edit the content of any third-party website. By using the Service, You acknowledge and agree that TheHungryJPEG shall not be responsible for Your use of any third-party website. Your use of all third party websites and advertisements are at Your own risk, and You should apply a suitable level of caution and discretion in doing so. When You click on any of the third party websites and advertisements, the applicable third party’s terms and policies applies, including the third party’s privacy and data gathering practices. You should make whatever investigation You feel necessary or appropriate before proceeding with any transaction in connection with such websites and advertisements.


9.    Intellectual Property Rights

You further agree that You are obtaining only a limited license to use and access the Service expressly set forth in Section 6 and that no ownership rights are being conveyed to You. TheHungryJPEG retains all right, title and interest (including all patent, copyright, trademark, trade secret and other intellectual property rights) in and to the Service, all related and underlying technology and documentation, and any derivative works or modifications. Further, You agree that the Service is offered as an on-line, hosted solution, and that You have no right to obtain a copy of any code underlying the Service. You may submit comments, questions, suggestions or other feedback relating to TheHungryJPEG (“Feedback”) and You agree that TheHungryJPEG may freely use, copy, disclose, prepare derivative works based on, publicly perform or display, distribute and exploit any Feedback, bug reports or suggestions You provide to TheHungryJPEG regarding the Service, without any obligation, royalty or restriction based on intellectual property rights or otherwise.


10.    DMCA Notice

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and it is accessible on this Service, you may notify our copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 ("DMCA"). To be effective under the DMCA, a notification of claimed infringement must be a written communication provided to TheHungryJPEG's designated agent that includes substantially the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works on that Service;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit TheHungryJPEG to locate the material;
  • Information reasonably sufficient to permit TheHungryJPEG to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The above information must be submitted as a written notification to the following Designated Agent of TheHungryJPEG at the email address: dmca@inmagine.com.

Written notifications may also be sent to the below address, but please note there may be a significant delay in receiving your notice:

  • Inmagine Lab Pte. Ltd.
  • Attn: Copyright Agent
  • 11 Collyer Quay
  • #17-00, The Arcade (Office Suite#1715)
  • Singapore 049317
  • dmca@inmagine.com

PLEASE NOTE THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

This information should not be construed as legal advice, for further details on the information required for valid DMCA notifications, see 17 U.S.C. 512(c)(3).

Note: This information is provided exclusively for notifying TheHungryJPEG that your copyrighted material(s) might have been infringed. Any other inquiries, including technical support requests, billing questions, reports of email abuse and third-party reports of piracy, will not receive a response through this process.


11.    DMCA Counter-Notifications

If you believe in good faith that your content was wrongly removed in response to a copyright complaint, you may send a counter-notification to our Designated Agent, as mentioned in Section 10 above, containing the following information:

  • Your physical or electronic signature;
  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled providing specific URLs is recommended;
  • A statement under penalty of perjury that you have good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material;
  • Your name, address, telephone number, and email address; and
  • A statement that (i) you consent to the jurisdiction in the Federal District Court for the judicial district in which your address is located, or if your address is outside the United States, that you consent to jurisdiction in the Central District of California, and (ii) you will accept service of process from the person who provided notification of the alleged infringement (or an agent of such person).

12.    Counter Repeat Infringer Policy

TheHungryJPEG is committed to complying with the DMCA and requires all users of the Service to comply as well. In order to protect the rights of copyright holders, TheHungryJPEG implements a repeat infringer policy under which it may terminate the accounts of users who repeatedly violate the DMCA. TheHungryJPEG’s repeat infringer policy is implemented seriously. A user may be a “repeat infringer” due to multiple copyright complaints against them within a certain period of time; however, TheHungryJPEG reserves the right to terminate a user upon receiving any number of DMCA notifications from content owners. If a user’s account is terminated pursuant to TheHungryJPEG’s repeat infringer policy, the user will be notified.

13.    REMOVAL OF CONTENT

TheHungryJPEG reserves the right to remove the Content if TheHungryJPEG determines that the Content infringes the copyright, trademark, or other intellectual property rights, is misappropriation, unlawful, harassing, or improper (“Illegal Content”).

If you notice any Illegal Content on this website, TheHungryJPEG encourages you to report the Illegal Content by submitting a written notification to TheHungryJPEG at the email address: dmca@inmagine.com by including all the necessary information.

14.    Aggregated Anonymous Data

Notwithstanding anything to the contrary herein, You agree that TheHungryJPEG may use, process, manipulate, modify, copy, publicly perform and display, compile, and create derivative works from customer data and any other data related to the Service, including, but not limited to, using such data for any internal business purpose, and for the improvement, support, and operation of the Service, and/or the development of other products or service capabilities.  You further agree that TheHungryJPEG may disclose to third parties aggregate data derived from customer data or from any other data related to the Service (including information regarding users’ interaction with the Service), so long as such aggregate data is not personally identifiable with respect to the user, subject to the applicable data protection laws.  Further, all service data, usage data and other data that does not identify a user and any data that is derived from the customer data and all data, reports, derivative works, compilations, modifications and other materials created by TheHungryJPEG from or with use of such data will be, in each case, the sole and exclusive property of TheHungryJPEG; and You hereby assign all of Your title and interest, if any, in and to such items to TheHungryJPEG without any fees and without rights to future royalties.


15.    Account Termination Policy

Subject to this Section, these Terms of Service will remain in full force and effect while using the Service. TheHungryJPEG will terminate Your access to the Service if, under appropriate circumstances, You are determined to be a repeat infringer.

TheHungryJPEG reserves the right to decide whether Your Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography or obscenity. TheHungryJPEG may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate Your account for submitting such material in violation of these Terms of Service.


16.    Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THEHUNGRYJPEG, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. THEHUNGRYJPEG MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. THEHUNGRYJPEG DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THEHUNGRYJPEG WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

YOU HEREBY RELEASE AND FOREVER DISCHARGE US FROM, AND HEREBY WAIVE AND RELEASE, EACH AND EVERY PAST, PRESENT AND FUTURE DISPUTE, CLAIM, CONTROVERSY, DEMAND, RIGHT, OBLIGATION, LIABILITY, ACTION AND CAUSE OF ACTION OF EVERY KIND AND NATURE (INCLUDING PERSONAL INJURIES, DEATH, AND PROPERTY DAMAGE), THAT HAS ARISEN OR ARISES DIRECTLY OR INDIRECTLY OUT OF, OR RELATES DIRECTLY OR INDIRECTLY TO, YOUR USE OF THE SITE AND/OR SERVICE, ANY INTERACTIONS OR TRANSACTIONS OF YOU WITH, OR ACT OR OMISSION OF YOU IN RELATION TO OTHER USERS.


17.    Limitation of Liability

IN NO EVENT SHALL THEHUNGRYJPEG, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU SPECIFICALLY ACKNOWLEDGE THAT THEHUNGRYJPEG SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.


18.    Assignment

The parties are independent contractors and no employment, agency, or joint venture is created hereunder. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by TheHungryJPEG without restriction.


19.    Governing Law and Dispute Resolution

These Terms of Service shall be governed by, and shall be construed in accordance with, the laws of Singapore, without regard to the conflict of laws principles. Any dispute, controversy or claim arising out of or relating to these Terms of Service, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause.

The seat of arbitration shall be Singapore. The Tribunal shall consist of one (1) arbitrator. The language of the arbitration shall be English.


20.    Entire Terms

These Terms of Service constitutes the entire agreement between You and TheHungryJPEG regarding its subject matter and supersedes any previous written or oral agreements between You and TheHungryJPEG. Should any provision of these Terms of Service be held to be void or invalid, that fact will not affect any other provision, and the remainder of these Terms of Service will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Failure by either party to enforce any provision of these Terms of Service will not be deemed a waiver of future enforcement of that or any other provision.


21.    Severability

Unless as otherwise stated in these Terms of Service, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of these Terms of Service, and the application of that provision shall be enforced to the extent permitted by law.


22.    Language

These Terms of Service are written in English with a reference translation in another language (if necessary). In the event of any conflict in interpreting or construing these Terms, the English version shall prevail.


23.    Electronic Communications

You agree that the communications between You and TheHungryJPEG uses electronic means. For contractual purposes, You (a) consent to receive communications from TheHungryJPEG in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that TheHungryJPEG provides to You electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect Your non-waivable rights.



Last Updated: 24 January 2024

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