THE HUNGRY JPEG TERMS OF SERVICE
Applying to Become a Store
PLEASE READ THE FOLLOWING SELLER AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE YOU AS A SELLER (“also referred to as “YOU”, “You”, “you” and/or “your”) BEFORE YOU START TO USE THE SERVICE AS MENTIONED BELOW. YOUR ACCEPTANCE OF THESE TERMS IS AN ABSOLUTE CONDITION OF YOUR USE OF THE “THEHUNGRYJPEG” WEBSITE AS PROVIDED BY THEHUNGRYJPEG FROM TIME TO TIME, WHICH IS PROPRIETARY TO DESIGNS.NET PTE LTD (“DESIGNS.NET”).
1. USE OF OUR SERVICES
TheHungryJPEG (“THJ”) is a website to help designers, crafters, seasoned graphic designers, and anybody with an interest in the design world. THJ’s service is to provide high quality resources for an affordable price and free crafts (“Content”) as provided by THJ from time to time. THJ also provides a business opportunity to You for the opening of an online store using the Website (which shall collectively to be known as the “Service”).
2. SCOPE OF SELLER AGREEMENT
3. REQUIREMENTS TO BECOME A SELLER ON THJ
4. RIGHTS OF THJ
- THJ reserves the right to refuse registration, suspend or cease provision of the Service, terminate accounts, remove or edit the Contents, or cancel orders made in its sole and absolute discretion.
- Without limiting other remedies, THJ may limit, suspend, or terminate the Website, its Services and member’s accounts (“Member’s Accounts”), prohibit access to the Website and its contents, delay or remove hosted contents and take technical and legal steps to keep you off the Website if, based on the Company's sole and absolute discretion, the Company is of the view that you are or may be potentially creating problems or possible legal liabilities, infringing the Intellectual Property Rights (as more particularly defined in Clause 10) of the Company and/or of third parties, in breach of any of the Terms and Conditions or this Seller Agreement or acting inconsistently with the letter or spirit of the Policies.
- Additionally, THJ may suspend or terminate your account if you are a recurring infringer of the Intellectual Property Rights of third parties.
- Where there are no sales of the Products on your Seller store or where you have been inactive for more than twelve (12) months, the THJ reserves the right to cancel your seller account and/or remove all Content listings in Your Seller Store without notice to you.
5. THJ’S POLICIES TO PREVAIL
You hereby agree and understand that this Agreement, its Policies and its Terms and Service, shall prevail in respect of any matters addressed herein. In the event of any conflict between any specific terms listed on your store and this Agreement regarding such matter, this Agreement shall override such terms and you hereby agree to be bound by the provisions of this Agreement in its entirety.
6. USER REPRESENTATION AND WARRANTIES
7. AMENDMENT OF SELLER AGREEMENT
- THJ shall be entitled at any time and from time to time, to modify, amend or change this Agreement as appropriate and at our sole and absolute discretion. In such instance, THJ shall notify you of such amendments or changes (including the effective date for the same) via an announcement to be published on the main page of the Website, and you shall thereafter be bound by such modified Agreement. As such, it is your responsibility to regularly visit the Website, to view the Policies and Terms of Services, and to keep yourself updated on any changes made to the same.
- Please do not sell on the Website if you are not agreeable to any amendments or modifications of this Agreement. You agree to sell on the Website at your own risk, and your use of the Website and tools for Sellers following any amendment or modifications of the Agreement constitutes your agreement and acceptance to be bound by the same.
- THJ does not take any responsibility or agree to indemnify you for losses you suffer arising from the modified Agreement or your own failure to keep yourself updated on the modifications to Agreement, and you irrevocably agree to hold us harmless or indemnify us from any losses that you may suffer therefrom.
- THJ is owned and operated by Designs.net. All Content on THJ are owned by Designs.net or its partners / contributors and are protected by International copyright laws and international treaty provisions. The license contained in this Agreement will terminate automatically without notice from THJ, if You fail to comply with any provision of this Agreement.
- Pursuant to termination of this Agreement under Clause 18, you must delete and destroy all Content and/or any materials using the Website, together with any copies, and related documentation thereof; and (ii) cease using the Website for any purpose. In addition, THJ reserves the right to terminate the Website and/or the Service, or limit the usage of the Service, to you or all its users, without notice at any time for any reason or no reason.
9. PERMITTED USAGES
You may subject to this Agreement, use the Service which enables the sale and purchase of Contents between you and the users of the Website. By accessing, browsing and/or using the Website and accessing the tools provided to you, you deemed to have irrevocably and unconditionally agreed to this Agreement.
- In using the Website and the Service, you are responsible for maintaining the confidentiality of your account and password, and for restricting unauthorized access to your account. You hereby agree to accept responsibility for all activities that occur under your account.
- While using the Website and the Service as a Seller, you will not:
- post or list inappropriate Content or Products on the Website as more particularly described in Clause 11;
- violate any laws, third party rights (including the Intellectual Property Rights of others), or our Policies;
- manipulate the price of the Content or interfere with another Seller’s listings;
- circumvent or manipulate the fee structure, the billing process or any fees owed to THJ;
- take any action that may undermine the feedback or ratings systems;
- transfer your account to another party without the THJ’s consent;
- copy, modify, or distribute the contents from the Website and THJ’s Intellectual Property Rights or involving any third party;
- harvest or otherwise collect information about the members or third parties as may be available on the Website, including but not limited to email addresses, without their consent; and/or
- use existing Member’s Accounts or create new Member Accounts in order to circumvent or avoid, buying or selling limits, and other restrictions by the Company.
“Intellectual Property Rights” means and includes but is not limited to, any patent, copyright, design right, data, database, trade mark, service mark, trade secret, trade names, goodwill, know-how, derivative works, confidential information with intellectual property rights, other intellectual property rights or proprietary rights similar to the foregoing (whether registered or unregistered) in any country and in any form, media or technology now known or later developed and includes applications for the grant of such rights.
11. UPLOADING OF CONTENT
- When posting reviews, comments, questions, videos and other contents and information on the Website, where applicable, you must ensure that such Content:
- is accurate and not misleading;
- is not illegal, obscene or threatening;
- is not defamatory or libellous;
- is not invasive of privacy;
- is not commercial solicitation, pyramid schemes, chain letters, mass mailings or any form of "spam”;
- is not political campaigning in any form;
- does not consist of or contain computer viruses or other forms of computer codes, technologies or programs that may harm the Website, or the interests or property of Members;
- does not infringe the Intellectual Property Rights of the THJ and/or any third party;
- does not violate this Seller Agreement, the Terms and Conditions and the Policies or any other policies of THJ as made known to You directly or through the Website; and/or
- is otherwise injurious or objectionable to the THJ or any third parties.
- In accordance with Clause 11.1, You shall not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of Content uploaded by you.
- Failure to comply with Article 11.1 shall entitle the THJ to impose on you such penalties as deemed appropriate by THJ’s discretion (including but not limited to termination of this Agreement pursuant to Clause 18).
12. REMOVAL OF CONTENT BY THJ
- You acknowledge that THJ shall have the right but not the obligation to monitor and edit any Content uploaded by you. Notwithstanding any monitoring, THJ takes no responsibility and assumes no liability for any Content posted by you and reserves the right, but not the obligation, to remove any Content posted on the Website.
- You shall indemnify THJ against all claims resulting from Content posted, supplied or uploaded to the Website by You.
13. OPENING OF AN ONLINE STORE ON OUR WEBSITE
Upon opening of the store, THJ will review your submission within ten (10) working days. You will be notified via email whether the application is accepted or rejected.
14. OPERATION OF YOUR ONLINE STORE ON OUR WESBITE
- Once somebody purchases Your products, they are issued with an automated download link to access them.
- You can view your earnings balance by going to the “Sales” section of your account, and clicking on the “Payouts” tab. Customers of your purchases may contact you before or after purchase, with a range of questions.
- You are required to respond to these enquiries within one (1) business day. A quicker and more detailed responds will increase the likelihood of your products selling better.
15. PRICING, REFUND AND TAXES
- You shall indemnify THJ against all claims resulting from Content posted, supplied or uploaded to the Website by you.
- THJ reserves the right to change and amend the prices, and/or impose charges on the Service and the Content, at any time, without prior notice to you. However, THJ will at best efforts notify you of any impending price changes according to any notification methods THJ solely deems fit.
- THJ will use all reasonable effort to ensure that the pricing and information for the Service and Content stated therein are accurate, however, there are possibilities due to genuine error that the information of our Service and Content may be inaccurate or the Service and Content may be priced wrongly. If such situations may arise, we reserve the right to take any appropriate action we deem necessary to rectify the same.
In respect to the payment to be made for the Services, stores are paid a commission of 70% of each final net sale total. The cut-off date for payouts is on the last day of each month. You will receive your earnings within ten (10) working days of the following month. You may elect to receive your earnings via PayPal or Payoneer. Any payment below the threshold are left dormant in an account unless it reaches the minimum threshold amount.
Below is the minimum earning thresholds for payout:
- Paypal : USD$10.00; or
- Payoneer : USD$20.00
- All payments are issued in US Dollars (USD$) and THJ cannot be held responsible for any bank charges or exchange rates which your bank or PayPal may charge you.
- In the event if THJ were to carry out discounts, all future discounts across all products will be shared between THJ and You equally at a 50:50 percentage.
- THJ will also continue to withhold your earnings, for the following reasons if:
- any item in your store does not comply with an applicable law or any of our terms and conditions;
- cannot contact you using the details provided by you;
- THJ does not have your payment information; and
- you have requested payment to an institution or country that we are legally prohibited from making payments to, or where there are limitations in the banking systems.
- THJ is part of Designs.net, a Singapore registered company. Therefore, THJ is not obliged to charge any tax.
16. PROHIBITION ON DIRECT DEALING
- As a Seller, you are prohibited from directly entering into any transaction with a user without using the payment services as provided under Clause 15.4 on the Website.
- All communications regarding all transactions or potential transactions with other Members or users shall be made through the Website.
- Failure to comply with this Clause 16 is a major breach of this Agreement, and shall entitle the Company to terminate and revoke the Service provided to You.
17. MANAGEMENT OF DISPUTES
- In the event if any complaints and disputes were to arise between you and the Buyer, you agree that in the event if:
- You do not or are unable to respond to a Buyer within twenty-four (24) hours; and
- that you are unable to provide a satisfactory resolution to a Buyer in respect of any matter under this Seller Agreement within such time period as stated in 17.1(a) above; or
- where you are unable to resolve a dispute with a Buyer; then THJ shall be entitled to negotiate a settlement with the Buyer on your behalf in respect of such disputes.
- Any disputes to be decided under this Clause 17 shall be submitted to the Customer Service Centre for processing response to Customer Service Enquiries
- Where you receive enquiries, claims requests or escalated cases (“Enquiries”) from the Customer Service Centre, you shall:-
from receipt of the said Enquiries, or at such other levels and within such time period as may be required under the THJ.
- respond to a minimum of ninety five percent (95%) of such Enquiries with accurate and complete information, and in a prompt and efficient manner, within twenty-four (24) hours; and
- resolve a minimum of ninety percent (90%) of such Enquiries within seventy-two (72) hours;
- In the event of your failure to comply with Article 17.2, you shall be deemed to agree to the THJ recovering any direct or indirect costs incurred in resolving the said Enquiries.
- Pursuant to this Clause 17, you hereby agree that:
- any decision made by THJ shall be binding on you and the Buyer;
- you shall comply with any instructions issued by THJ, through the customer service centre, pursuant to any settlement or decision; and
- any costs incurred in respect of the settlement, including but not limited to refunds, return shipping costs and any other compensation) shall be borne by you.
- For the avoidance of doubt, THJ shall be entitled to recover the costs referred to in Article 17.2(b) above by way of setting off the same against any amount owed to you.
- Notwithstanding the aforementioned clauses, you acknowledge that THJ is not a judicial or arbitration institution and will make any decision only as an ordinary non-professional person. THJ does not act as the agent of either you or the Buyer, but acts as facilitator for dispute resolution. Consequently, you agree not to hold the Company liable and shall waive any claim you may have against THJ in respect of any decision in respect of the dispute.
18. CANCELLATION & TERMINATION
- THJ may terminate this Agreement and the Service at its discretion and at any time if you are in breach or default of any of its obligations under this Agreement and if remediable, is not remedied by you within thirty (30) days from the date of a written notice from us requiring the same to be remedied, whereupon this Agreement and the Service shall terminated and be deemed terminated and be of no further force and effect.
- Notwithstanding Clause 18.1, you may discontinue to use and request the cancellation of the Services on the THJ website at any time. We shall not be liable for reimbursing you of any of your cancellation.
19. NO WARRANTY AND LIMITED REMEDIES
THJ represents that it has the right to enter into this Agreement and has the right to grant this license under these terms.
EXCEPT AS PROVIDED ABOVE, THE SERVICE, CONTENT AND THJ WEBSITE ARE PROVIDED "AS IS" “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU USE THE SERVICE, CONTENT AND THJ WEBSITE AT YOUR OWN RISK. THJ ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, OFFICERS, SHAREHOLDERS, ADVISORS AND ANYONE ELSE ASSOCIATED WITH THJ: (I) DO NOT WARRANT THAT THE SERVICE, CONTENT AND THJ WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT ITS USE WILL BE UNINTERRUPTED OR ERROR FREE; AND (II) WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS OR REVENUES, LOST SAVINGS, OR OTHER SPECIAL, GENERAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, CONTENT AND THJ WEBSITE EVEN IF THJ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR ANY CLAIM BY ANY OTHER PARTY, OR IN RESPECT OF THE CONTEXT / MANNER IN WHICH THE CONTENT IS BEING USED BY YOU. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE CONTENT, SERVICE AND SITE ARE WITH YOU AND YOU SHALL ASSUME FULL RESPONSIBILITY AND LIABILITY OF YOUR USE OF THE SERVICE, CONTENT AND THJ WEBSITE. SHOULD THE SERVICE, CONTENT AND THJ WEBSITE PROVE DEFECTIVE, YOU (AND NOT THJ OR AN AUTHORIZED PERSONNEL OR OTHER COMPUTER DEALER) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
Certain states or jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
You agree to fully defend and indemnify THJ and its employees, directors, and officers, and anyone else associated with THJ, and each of their successors, licensees, and assigns free and harmless from any and all claims, liabilities, costs or debt, losses, damages, obligations, or expenses, including attorneys' fees and expenses, arising from the breach of the warranty above or the terms of this Agreement by you.
21. NO WAIVER
No waiver of any term of this Agreement will be deemed a further or continuing waiver of such term or any other term, and THJ’s failure to assert any right or provision under this Agreement will not constitute a waiver of such right or provision.
This Agreement shall be governed by the law of Singapore, subject to its jurisdiction, and without regard to the conflict of laws principles. All disputes arising in connection with this Agreement shall be settled through friendly negotiations. If the parties are unable to resolve any such dispute within thirty (30) days after the commencement of negotiations, the parties agree to submit the dispute to the Singapore International Arbitration Centre in accordance with the Arbitration Rules of the Singapore International Arbitration Centre in effect at the time of applying for arbitration. The number of arbitrators shall be one (1). The decision of the arbitrator shall, except in the case of manifest error, be final and binding upon the parties hereto. The arbitration proceedings shall be conducted in English.
23. LEGAL FEES
If THJ is obligated to go to court to enforce any of its rights, or to collect any fees, you agree to reimburse THJ for its legal fees, costs and disbursements if THJ is successful.
You may not assign or transfer to anyone the rights granted to you in this Terms of Service, without THJ‘s prior written consent.
25. ENTIRE AGREEMENT
You acknowledge that you have read this Agreement, understood it, and agreed to be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the Agreement between you and THJ, which supersedes any proposal or prior agreement, oral or written, and any other communication between you and THJ relating to the subject of this Agreement.
Should any provision of this Agreement be held to be void or invalid, that fact will not affect any other provision, and the remainder of this Agreement will be construed to most closely give effect to the parties' intentions.
27. THIRD-PARTY LINKS
The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned by THJ. Moreover, THJ does not control and does not endorse third party sites or links to third party sites. If you access a third-party website from the Service, you do so at your own risk, and you understand that THJ is not responsible for the content of any linked sites.
29. PROMOTIONAL LOGO
Your continued use of the Service, Content and/or the Website implies your full consent to THJ to use your corporate / business identity logos for promotional purposes of THJ without the need for written notice requesting for consent or payment of any consideration thereof.
30. ELECTRONIC AGREEMENT
You have agreed and reaffirm your agreement to this Agreement electronically by using the Service.
31. CONTACT US
For questions specifically concerning this Agreement, please contact us via email at email@example.com
These terms and conditions have been updated as of 25th April 2019.