Welcome to www.moockup.me (the “Website”) brought to you by moockup. (“Moockup”, “Company”, “us” or “we”). Please read these Terms of Use (the “Terms of Use”) carefully before using the Website. These Terms of Use set forth the legally binding terms and conditions for your use of the Website and all other sites or subdomains owned and operated by the Company that redirect to the Website.

By using or accessing the Services, you acknowledge that you agree to these Terms of Use, and are subject to them and to our Privacy Policy. IF YOU DO NOT AGREE TO BE FULLY BOUND BY ALL OF THESE TERMS OF USE, PLEASE DO NOT ACCESS THE WEBSITE AND DO NOT USE THE PLATFORM.

We reserve all rights to change these Terms of Use or any part thereof at any time, without prior notification to you. All changes and modifications made to these Terms of Use shall be effective upon posting on the Website, will be marked as last updated and will apply to all users of the Website as of such date whether we have notified you of these changes by email or not. All changes are automatically incorporated as an integral part of the Terms of Use. We recommend that you review the Terms of Use posted on the Website periodically and if you do not agree to these Terms of Use you must not use and cease use of the Website.

1.Our Service
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”).

The Website may, from time to time, provide additional services and platforms which will, once added, be subject to these Terms of Use. We reserve the right, at our sole discretion and without notice or reason to a user, to change, restrict, limit, suspend, discontinue or terminate, in whole or in part, the Website or any service provided via the Website or the user access to the Website.

2.Registration
In order to use the Platform, you have to register for the Website and create an account. Registration is free. You may never use another person’s or another entity’s account without appropriate authorization. When creating your account, you must provide accurate and complete information. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate cancellation of your account. In addition, we urge you to keep your account password secure, given that you shall be solely responsible for any activity that occurs in your account. In any event of breach of security or unauthorized use of your account please immediately notify the Company and provide any information required by the Company and anyone on its behalf. The Company shall not be liable for any loss or damage occurred to you as a result of unauthorized use of your account.

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.

All of the information we collect from you is subject to our privacy policy, a copy of which is accessible via Our Websites.

3.User Generated Content.
The word “Content” as used within these Terms of Use refers to any design, mockup, improvement of mockup, text, graphics, photos, sounds, music, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Platform. If you choose to contribute Content to the Service:

3.1 Rest assured that subject to the terms in these Terms of Use, the full ownership to such Content remains with its original owner until, and if at all, purchased (all as more fully described in Section 4 below). Moockup will not claim any ownership or control over such Content, aside from as specifically set forth herein;

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.
4.1 By submitting any Content to the Website, you are granting Moockup a perpetual worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to distribute, display, and perform the Content in connection with the Platform and Moockup’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Platform (and derivative works thereof) in any media formats and through any media channels. You are furthermore granting each user of the Website a non-exclusive license to access your Content through the Website, and an option to purchase the Content as permitted through the functionality of the Platform and under these Terms of Use.

5.Rules of Conduct and Usage
You hereby undertake that you shall not defraud, or attempt to defraud, the Company or any users of the Website, and that you shall not act in bad faith in your activity on the Website, as determined by the Company in its sole discretion. If the Company determines that you have acted in a manner that is in violation of these Terms of Use, or that your actions fall outside of reasonable community standards, Company may, at its sole discretion, terminate your account, prohibit you from using the Website and remove from the Website any Content of yours.

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);

5.4 Create false or fabricated multiple accounts, set up an account on behalf of someone other than yourself, use bots or other automated software programs to defraud or which otherwise violate these Terms of Use;

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.

You agree to defend, indemnify and hold harmless the Company and its officers, directors, employees, shareholders, customers, agents, successors and assigns from and against any and all loss, damage, settlement or expense (including reasonable legal expenses) from and against any claim arising from breach of your representations and warranties set forth in these Terms of Use.

6.Copyright Infringement
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 info@moockup.me with the words “Alleged Copyright Infringement” in the subject line.

7.Method of Payment, Third Party Links and Information Provided.
The Website uses PayPal as its payment processor, and as such, does not actually collect personal financial information (bank account or credit card information). Please visit paypal.com to read their terms and conditions and privacy policy.

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.
The Platform is either the proprietary property of Moockup or the proprietary property of our licensors or licensees. By subscribing to the Website, Moockup grants you a personal, revocable, non-assignable, and non-exclusive license to access and use the Platform and the material provided hereon, provided that you comply fully with the provisions of these Terms of Use.

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.

For the avoidance of doubt, nothing in these Terms of Use shall be construed as granting you any right, title and interest in and to any of the Company’s intellectual property rights or any other intellectual property rights owned or controlled by the Company, including the source code of the Website.

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.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

10.General Terms
These Terms of Use, together with any previous written agreement between you and the Company, are the entire agreement between you and the Company with respect to the use of the Website, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and the Company with respect to the Website and govern the future relationship. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. The Company reserves the right, at its sole discretion, to modify or replace, from time to time, these Terms of Use by posting the updated terms of use on the Website. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Website following the posting of any changes to the Terms of Use constitutes acceptance of those changes. These Terms of Use and other referenced material between you and the Company shall be governed by and construed in accordance with the laws of the state of Israel, regardless to its principles of conflict of laws, with the exclusive jurisdiction of the competent courts in Tel Aviv and you hereby waive any jurisdictional, venue, or inconvenient forum objections to such courts. You agree that any cause of action arising out of or related to the Website and/or these Terms of Use must commence within one (1) year after the cause of action accrues, otherwise such cause of action is forever waived and barred.
These Terms of Use, and any rights and licenses granted hereunder, may not be assigned or otherwise transferred by you to any third party, without the Company’s prior written consent. Without derogating from the foregoing, the Company may assign, transfer, or delegate any of its rights and obligations hereunder without restriction or notification to you. No agency, partnership, joint venture, or employment relationship with the Company is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect.

Version: MARCH 2014