Last update on April 18th 2019
The following Terms of Service (“TOS”) is a legal agreement between you or the employer or other entity on whose behalf you are entering into this agreement (“you” or “Customer”) and Smartmockups (as such term is defined below) and sets forth the rights and obligations with respect to any Content licensed by you.
Please revisit these TOS when you purchase any Content licenses. Smartmockups reserves the right to modify the TOS at any time in its sole discretion. Prior to such changes becoming effective, Smartmockups will use reasonable efforts to notify you of any such change. Such notice may be made by email to the email address on file in your Smartmockups account, an announcement on this page, your login page, and/or by other means. Modifications to these TOS will only apply to prospective purchases (including any automated renewals). By licensing Content following any such modifications, you agree to be bound the TOS as modified.
THIS IS A SINGLE SEAT LICENSE AUTHORIZING ONE NATURAL PERSON TO LICENSE, DOWNLOAD AND USE CONTENT.
Smartmockups hereby grants you a non-exclusive, non-transferable right to use, modify (except as expressly prohibited herein) and reproduce Visual Content worldwide, in perpetuity, as expressly permitted by the applicable license and subject to the limitations set forth herein:
You can use the purchased items in a manner that has no potential monetary gain. Personal use projects cannot be related to any business, non-profit, or other organization of any kind. All purchased items may be used in an unlimited number of Personal projects. For example, you can use a graphic to create a wallpaper for your computer or smartphone, using a mocup to create a preview of your own website, using a photo in a piece of wall art that you create for family member as a gift (for free), etc.
This is a single seat license authorizing one natural person to license, download and use the content. You can use the purchased items for your personal and commercial projects.
You can use the purchased files as a digital reproduction, including on websites, in online advertising, in social media, in mobile advertising, mobile “apps”, software, e-cards, e-publications (e-books, e-magazines, blogs, etc.), email marketing and in online media (including on video-sharing services such as YouTube, Dailymotion, Vimeo, etc., subject to the budget limitations set forth in sub-paragraph I.a.i.4 below);
Printed in physical form as part of product packaging and labeling, letterhead and business cards, point of sale advertising, billboards, CD and DVD cover art, or in the advertising and copy of tangible media, including magazines, newspapers, and books provided no Image is reproduced more than 500,000 times in the aggregate;
However, you can not redistribute, resell, sublicense or share the purchased item as is or as a part of a new product of any kind. For example, you can not use the purchased mockup as a part of your new bundle made for sale or to be freely shared.
YOU MAY NOT:
Use Visual Content other than as expressly provided by the license you purchased with respect to such Visual Content.
Portray any person depicted in Visual Content (a “Model”) in a way that a reasonable person would find offensive, including but not limited to depicting a Model: a) in connection with pornography, “adult videos”, adult entertainment venues, escort services, dating services, or the like; b) in connection with the advertisement or promotion of tobacco products; c) in a political context, such as the promotion, advertisement or endorsement of any party, candidate, or elected official, or in connection with any political policy or viewpoint; d) as suffering from, or medicating for, a physical or mental ailment; or e) engaging in immoral or criminal activities.
Use any Visual Content in a pornographic, defamatory, or deceptive context, or in a manner that could be considered libelous, obscene, or illegal.
Resell, redistribute, provide access to, share or transfer any Visual Content except as specifically provided herein. For example and not by way of limitation, the foregoing prohibits displaying Content as, or as part of, a “gallery” of content through which third parties may search and select from such content.
Use Visual Content in a manner that infringes upon any third party’s trademark or other intellectual property, or would give rise to a claim of deceptive advertising or unfair competition.
Use any Visual Content (in whole or in part) as a trademark, service mark, logo, or other indication of origin, or as part thereof.
Falsely represent, expressly or by way of reasonable implication, that any Visual Content was created by you or a person other than the copyright holder(s) of that Visual Content.
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