The Website is a moockup platform which enables to link any mockup in different ways and via various formats, all as more fully described on the website (the “Platform”).
You hereby agree not to collect or harvest any personally identifiable information, including account names, users’ photos or e-mail addresses from the Website, and not to establish any kind of direct or indirect connection and/or relation between you and the other users.
3.User Generated Content.
3.2 You shall be solely responsible for your own Content and the consequences of submitting and publishing the Content through the Platform;
3.3 You are affirming, representing, and warranting that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit;
3.4 You understand that the Platform is intended for public use and not private communications, and you have no expectation of privacy with regard to any Content you may submit through the Platform.
Furthermore, you acknowledge that any of your Content submitted to the Website may be available for sale or license via the Website, and you hereby warrant that the same Content is either not available for sale elsewhere or that no conflicting licenses exist.
4.Ownership and Property Rights.
5.Rules of Conduct and Usage
You agree that your activity in the Website shall be lawful and that you will comply with the usage rules. In furtherance of the foregoing, and as an example and not as a limitation, you agree that you shall not:
5.1 Submit Content that is vulgar, indecent, obscene, pornographic, racist, sexual, harassing, discriminatory based upon color, age, sexual orientation, disability, gender, creed or race or that is, in a reasonable person’s view, otherwise offensive or objectionable;
5.2 Submit Content that contain viruses, Trojan horses, worms, time bombs, corrupted files or data, or any other similar software or programs that may damage the operation of the Website or the computers of its users;
5.3 Violate the contractual, personal, intellectual property or other rights of any party by submitting Content that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
5.5 Attempt to obtain passwords or other private information from other users including personally identifiable information (whether in text or image form), identification documents, or financial information;
5.6 Attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Website; or
5.7 Interfere with the ability of others to enjoy using the Website, including disrupt, overburden or aid the disruption or overburdening of the Website servers.
5.8 Solicit or establish any direct or indirect connection, for commercial purposes, with any users of the Service with respect to their Content or their desire to purchase your Content.
Moockup seeks to comply with all applicable laws and regulations regarding the protection of intellectual property, and will undertake the appropriate steps to remove Content that infringes upon third party copyrights. As such, a copyright owner or agent may submit a written notification to the Company if they believe that any Content displayed via the Website infringes upon their copyrights. The written notification needs to include:
6.1 Identification of the copyrighted work or works claimed to have been infringed;
6.2 Identification of the material on the Platform 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 us to locate the material;
6.3 Information reasonably sufficient to permit Moockup to contact you, such as an address, telephone number, and, if available, an electronic mail;
6.4 A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
6.5 A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
6.6 A statement that the information in the notification is accurate, and under penalty of perjury, that the sending of the notification is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Moockup will process any notices of alleged copyright infringement and will take appropriate actions as required by applicable law. Upon receipt of notices complying with the above, we will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing.
Notices of claimed infringement should be directed to firstname.lastname@example.org with the words “Alleged Copyright Infringement” in the subject line.
7.Method of Payment, Third Party Links and Information Provided.
In addition to the use of PayPal’s services, the Platform and Website may contain other information in the form of, but not limited to, raw data, content, information, advertisements, endorsements, links to third party websites and other materials that – all which are not owned or controlled by the Company (“Third Party Content”).
It should be clarified that such Third Party Content, including but not limited to PayPal payment services, is solely provided as a convenience to you, and, as such is provided “as is” without any warranty regarding its accuracy or completeness. By accessing our Website and using the Platform, you expressly relieve Moockup from any and all liability arising from your use of any Third Party Content. Furthermore, Moockup also assumes no responsibility for the practices, professionalism or performances of any third party which you may be introduced to via our Website or Platform.
You further acknowledge that Third Party Content may be protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and therefore you undertake not to modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Third Party Content, in whole or in part. Please bear in mind that the act of copying Third Party Content to your computer does not grant any ownership interest in such Third Party Content to you. Modification of the Third Party Content or use of the Third Party Content for any other purpose, including, but not limited to, use of any Third Party Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive prior written consent to do so from such right owner.
8.Ownership of the Service Provided to You.
All trademarks appearing on this Website are trademarks of their respective owners. “Moockup” and other Moockup trademarks, slogans, service marks, trade names, and trade dress which appear via the Platform are proprietary to Moockup.
9.No Warranty; Limitation of Liability
THE COMPANY MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE WEBSITE, THE CONTESTS WE MAY ADVERTISE THROUGH THE WEBSITE, OUR VIRTUAL TEMPLATE STORE LOCATED ON THE WEBSITE OR ANY ACTIVITIES OR ITEMS RELATED TO THIS AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICES PROVIDED WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE OUR CONTENT AVAILABLE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE CUMULATIVE LIABILITY OF Moockup FOR ALL CLAIMS RELATING TO THE SITE OR SERVICES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, INTELLECTUAL PROPERTY INFRINGEMENT, STRICT LIABILITY, LOST PROFIT DAMAGES OR OTHERWISE, SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY A USER OR VISITOR FOR THE PLATFORM OR USE OF THE WEBSITE.
Moockup WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS WEBSITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY Moockup OR ANY THIRD PARTY.
Version: MARCH 2014