PLEASE READ THE FOLLOWING TERMS AND CONDITIONS
TERMS OF THIS AGREEMENT IS AN ABSOLUTE CONDITION OF YOUR USE OF THE HTTPS://APPLESVG.COM/ (“SITE”) AND FORMS A LEGAL AGREEMENT BETWEEN YOU AND
INMAGINE LAB PTE. LTD. (HEREAFTER ”AppleSVG” or “APPLESVG”). BY ACCESSING ANY SERVICE OR PART THEREOF
UNDER THE SITE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. APPLESVG
RESERVES THE RIGHT TO CHANGE THESE TERMS AT ANY TIME WITHOUT PRIOR WRITTEN
NOTICE, AND YOU AGREE TO BE BOUND BY SUCH CHANGES.
The Site is owned and operated by Inmagine Lab
Pte. Ltd.. All images on the Site are owned by AppleSVG or its partners /
contributors and are protected by International copyright laws and
international treaty provisions. AppleSVG retains all rights not expressly
granted by this Agreement. The license contained in this Agreement will
terminate automatically without notice from AppleSVG, if you fail to comply
with any provision of this Agreement. Upon termination, you must delete and destroy
all materials obtained from the Site, copies, and related documentation
thereof. In addition, AppleSVG reserves the right to terminate the Site without
2. AUTHORIZED USE
Any content downloaded by you from the Site,
including, without limitation, any files, images incorporated in or generated
by the software, and data accompanying the software (collectively, the ”Content”) is licensed to you by AppleSVG. Your use of
the Content, or any intellectual property rights therein, is dependent upon
your acceptance of the AppleSVG License and Copyright Agreement and any
relevant licensing agreements.
3. LINKS TO THIRD PARTY SITES
AppleSVG provides links to third-party sites
as a convenience to you. AppleSVG does not control third party sites or links
to third party sites. Links to third-party sites are not an endorsement by AppleSVG
of such sites. AppleSVG is not responsible for the content of any linked sites.
4. LIMITED WARRANTY
AppleSVG represents that it has the right to
enter into this Agreement and has the right to grant this Agreement under these
AppleSVG warrants that the Content will be
free from defects in materials and workmanship under normal use for a period of
thirty (30) days from the date you download or receive it.
UNLESS OTHERWISE PROVIDED HEREIN, THE CONTENT,
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.
APPLESVG DOES NOT WARRANT THAT THE CONTENT AND THE SITE WILL MEET YOUR
REQUIREMENTS OR THAT ITS USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE
RISK AS TO THE QUALITY AND PERFORMANCE OF THE CONTENT AND THE SITE ARE WITH
YOU. SHOULD THE CONTENT PROVE DEFECTIVE, YOU (AND NOT APPLESVG OR AN AUTHORIZED
PERSONNEL OR OTHER COMPUTER DEALER) ASSUME THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR OR CORRECTION.
Certain states do not allow the exclusion of
implied warranties, so the above exclusion may not apply to you. You have
specific rights under this warranty, but you may have others, which vary from
state to state.
5. YOU REPRESENT, WARRANT AND
a. You are at least sixteen (16) (if you are
residing in EU) / eighteen (18) years of age (if you reside everywhere else
aside from EU) and have the right to enter into this Agreement;
b. You will not use the Content in any way
that is not permitted by this Agreement, AppleSVG License and Copyright
Agreement or any other relevant licensing agreements;
c. Your use of the Content will not violate
any rights including but not limited to copyrights, intellectual property
rights, trademark, privacy, or any other applicable law or regulation of any
country, state, other governmental entities or any third party;
d. The information you provide to AppleSVG is
accurate and true, including without limitation all credit card information;
e. You agree that all passwords to your AppleSVG
account are to be held in the strictest of confidence. You may not share or
disclose any password or log in information to any other user or third party
other than as specifically provided for herein. If you breach any provision of
this section, we shall be entitled to:
i. terminate this Agreement immediately
without notice to you;
ii. retain all unpaid payments pursuant to
this Agreement; and
iii. seek any legal or equitable remedies.
6. INCORRECT PRICING AND
AppleSVG has used reasonable effort to ensure
that the pricing and information stated in the Site are accurate, however there
are possibilities due to genuine error that the Content’s information is
incorrect or the Content is priced wrongly, in such situation AppleSVG has the
right to cancel the transaction and refund the payment, if the transaction has
7. LIMITATION OF REMEDIES
a. Cancellation / Expiration: In the event
this Agreement is not terminated but the subscription period has been cancelled
or has expired, you may continue to use the Content that you have downloaded as
of the date of cancellation or expiration, provided that such use is in
compliance with the terms of this Agreement, AppleSVG License and Copyright
Agreement and any other relevant licensing agreements.
b. No Monetary Damages: Under no circumstances
whatsoever will AppleSVG be liable to you for any damages, including any lost
profits or revenues, lost savings, or other special, general, punitive,
incidental or consequential damages arising out of the use or inability to use
the Content even if AppleSVG or a distributor authorized by AppleSVG has been
advised of the possibility of such damages, or for any claim by any other
party. Some states do not allow the limitations or exclusion of liability for
incidental or consequential damages, so the above limitation or exclusion may
not apply to you.
You agree to fully defend and indemnify AppleSVG,
its employees, directors, and officers, and anyone else associated with AppleSVG,
and each of their successors, licensees, and assigns free and harmless from any
and all claims, liabilities, costs, losses, damages, or expenses, including
attorneys’ fees and expenses, arising from the breach of the warranty above or
the terms of this Agreement.
AppleSVG reserves the right, at our sole
discretion, to change and amend the prices of any product and or subscription
package at any time and without prior notice to you. However, AppleSVG will
always endeavour to notify you of any impending price changes.
a. SUBSCRIPTION PLANS
i. Subscription plans cannot be refunded upon
download of the first Content.
ii. There shall be no extension of subscription period if you fail to download
any Content due to Internet connectivity problems.
iii. The Content will no longer be available for download once the subscription
iv. Auto Renewal subscription plans will be automatically renewed at the end of
your subscription. You can cancel Auto Renewal at any time on the Site by
accessing your account settings.
10. NO WAIVER
Failure by AppleSVG to enforce any provision
of this Agreement will not be deemed a waiver of future enforcement of that or
any other provision.
a. This Agreement shall be governed by the
laws of Singapore, without regard to the conflict of laws principles.
b. All disputes arising out of or in
connection with the performance of 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 that the dispute shall be settled by arbitration in Singapore under the
Singapore International Arbitration Centre (“SIAC”) administered SIAC
Arbitration Rules in force when the notice of arbitration is submitted in
accordance with these rules. The number of arbitrators shall be one (1). The
language of the arbitration shall be English. The arbitral award shall be final
and binding upon both parties.
c. You acknowledge and agree that any breach
of any covenant, representations and warranties contained in this Agreement
would cause irreparable injury to AppleSVG such that damages and remedies under
Singapore Law for any breach of any such covenant would be inadequate. You
further acknowledge and agree that the arbitral tribunal may order any interim
measure it deems necessary or proper in accordance with the applicable laws of
Singapore, including without limitation, any injunctive or enjoining procedural
orders or interlocutory awards.
12. LEGAL FEES
If AppleSVG is obligated to go to court to
enforce any of its rights, or to collect any fees, you agree to reimburse AppleSVG
for its legal fees, costs, and disbursements if AppleSVG is successful.
The parties are independent contractors and no
employment, agency, or joint venture is created hereunder. This Agreement, and
any rights and licenses granted hereunder may not be transferred or assigned by
You but may be assigned by us without restriction.
14. ENTIRE CONTRACT
You acknowledge that you have read this
Agreement, understand it, and agree 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 AppleSVG, which supersedes any proposal or prior agreement,
oral or written, and any other communication between you and AppleSVG relating
to the subject of this Agreement. The explanations to FAQ’s and other
explanations and content provided in the Site are for your information only and
are not, and shall not be construed as, part 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.
We only use your information as described in
the which is incorporated into these this Agreement by reference. You
further agree that by your continued use of the Site, you agree to the terms of
the service(s) provided by the Site.
Last Updated: 4 May 2021