Mocup License Agreement(s)
Dear Mocup Customer:
The following is a legal agreement between you or the employer or other entity on whose behalf you are entering into this agreement (“you” or “Customer”)
“Image(s)” means PSDs, photographs, vectors, drawings and the like available for license from the Mocup website.
“Footage” means any AE files, moving images, animations, films, videos or other audio/visual representations, excluding still images, recorded in any format that are available for license from the Mocup website.
“Visual Content” shall refer collectively to Images and Footage.
The following Terms of Service (“TOS”) constitutes an agreement between Customer and Mocup setting forth the rights and obligations with respect to any Visual Content licensed by you. By agreeing to the TOS, you agree that these terms control your rights and obligations with respect to all Visual Content licenses set forth herein, notwithstanding the subscription or license you may be purchasing today. Please revisit these TOS when you purchase any Visual Content.
VISUAL CONTENT LICENSES
Mocup hereby grants you a non-exclusive, non-transferable right to use, modify and reproduce Visual Content worldwide, in perpetuity, as expressly permitted by the applicable license and subject to the limitations set forth herein:
- IMAGE LICENSES
- A STANDARD PSD/IMAGE LICENSE grants you the right to use Images:
- 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.), 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;
- As part of an “Out-of-Home” advertising campaign, provided the intended audience for such campaign is less than 500,000 gross impressions.
- Incorporated into film, video, television series, advertisement, or other multimedia productions for distribution in any medium now known or hereafter devised (each a “Production”), without regard to audience size, provided the budget for any such Production does not exceed USD $10,000;
- For your own personal, non-commercial use (not for resale, download, distribution, or any commercial use of any kind).
- A STANDARD PSD/IMAGE LICENSE grants you the right to use Images:
- A FOOTAGE USE LICENSE grants you the right to use Footage:
- in Productions (i.e., a film, video, television series, advertisement, or other multimedia production) displayed or distributed to the public by any means now known or hereafter devised;
- in connection with a live performance;
- on websites.
- A FOOTAGE COMP LICENSE grants you the right to use watermarked, low resolution Footage as a comp (the “Comp Footage”) solely in test, sample, comp, or rough cut evaluation materials. Footage Comp Licenses do not permit you to display or distribute to the public or incorporated into any final materials any such Footage. Comp Footage can be edited, but you may not remove or alter the Mocup watermark.
RESTRICTIONS ON USE OF VISUAL CONTENT 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.
- Use Visual Content designated “Editorial Use Only” for commercial purposes.
- Resell, redistribute, provide access to, share or transfer any Visual Content except as specifically provided herein.
- 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.
- Use “stills” derived from Footage except solely in connection with the in-context marketing, promotion, and advertising of your derivative works incorporating Footage.
- 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.
CREDIT AND COPYRIGHT NOTICES
- The use of Visual Content in an “editorial” context, shall be accompanied by an adjacent credit to the Mocup contributor and to Mocup in substantially the following form: “Name of Artist/Mocup.com”
- If and where commercially reasonable, the use of Visual Content in Merchandise or a Production shall be accompanied by a credit to Mocup in substantially the following form: “Image(s) or Footage (as applicable), used under license from Mocup.com”
- Credit attributions are not required in connection with any other use of Images unless another stock content provided is afforded credit in connection with the same use.
- In all cases the credit and attribution shall be of such size, color and prominence so as to be clearly and easily readable by the unaided eye.
- It is expressly understood and agreed that this TOS is entered into solely for the mutual benefit of the parties herein and that no benefits, rights, duties, or obligations are intended by this TOS as to third parties.
- In the event that you breach any of the terms of this or any other agreement with Mocup, Mocup shall have the right to terminate your account without further notice, in addition to Mocup’s other rights at law and/or equity. Mocup shall be under no obligation to refund any fees paid by you in the event that your account is terminated by reason of a breach.
- Except as expressly set forth herein, Mocup grants no rights and makes no warranties, with regard to the use of personally identifiable information that may be visible in the Visual Content, music or other audio in footage, trademarks, trade dress or copyrighted designs or works of art or architecture depicted in any Visual Content. Mocup only has model or property releases where expressly indicated on the Mocup website.
- Mocup’s liability under any individual license purchased hereunder shall not exceed the “Limit of Liability” applicable to the license in effect at the time customer knows or should have known of the claim, and is without regard to the number of times the subject Visual Content is licensed or used by you.
- Except as specifically provided in Part III hereof, in no event, will Mocup’s total aggregate liability to you or any third party claiming through you, arising out of or in connection with your use of or inability to use the Mocup websites and/or Visual Content contained thereon (whether in contract, tort or otherwise) exceed the monetary amount actually received by Mocup from you for the applicable Visual Content license.
- Neither Mocup nor any of its officers, employees, managers, members, shareholders, directors or suppliers shall be liable to you or to any other person or entity for any general, punitive, special, indirect, consequential or incidental damages, or lost profits or any other damages, costs or losses arising out of your use of the Visual Content, Mocup’s breach of this agreement, or otherwise, unless expressly provided for herein, even if Mocup has been advised of the possibility of such damages, costs or losses.
- Except as expressly set forth in Part II, all Visual Content is provided “as is” without warranty of any kind, either express or implied, including, but not limited to the implied warranties of non-infringement, merchantability, or fitness for a particular purpose. Some Visual Content may contain elements that require additional clearance if the Visual Content is modified or used in a particular context. If you make such modification or use Visual Content in such context, you are solely responsible for obtaining any additional clearances thereby required.
Mocup does not warrant that the Visual Content, Mocup websites, or other materials will meet your requirements or that use will be uninterrupted or error free. The entire risk as to the quality, performance and use of the Visual Content is solely with you.