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Terms of use

MOCUP.COM
WEBSITE TERMS OF USE

Please read these Terms of Use carefully before accessing or using this website (the “Site”).

ACCEPTANCE OF TERMS

1.

You agree to and are bound by the terms and conditions set forth below and in any modified or additional terms that Mocup (“Mocup”) may publish from time to time (collectively, the “Terms of Use”). If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use this Site.

2.

Mocup may change these Terms of Use from time to time. Your continued access or use of the Site constitutes your acceptance of such changes. Your access and use of the Site will be subject to the current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. Please regularly check the “Terms of Use” link on the home page of Mocup.com to view the then-current terms. If you breach any of the Terms of Use, your license to access or use this Site shall automatically terminate.

INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS

3.

All content on this Site, including but not limited to Images, Footage, Music, and related metadata (collectively the “Mocup Content”), as well as the selection and arrangement of the Mocup Content, are protected by copyright, trademark, patent, trade secret and other intellectual property laws and treaties. Any unauthorized use of any Mocup Content violates such laws and this Terms of Use. Except as expressly provided herein or in a separate license agreement between you and Mocup, Mocup does not grant any express or implied permission to use the Site, the Site Services (as hereinafter defined), or any Mocup Content. You agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site or any Mocup Content. In addition, you agree not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the Site or Mocup Content.

4.

Unless you enter into a license agreement with Mocup you may not download, distribute, display and/or copy any Mocup Content.

5.

You may not remove any watermarks or copyright notices contained in the Mocup Content.

MOCUP TRADEMARKS

6.

For the purposes of these Terms of Use, the term, “Trademark(s)” means all common law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by Mocup.

7.

Nothing contained herein grants or shall be construed to grant you any rights to use any Mocup Trademark, unless expressly conferred by these Terms of Use.

8.

You agree that you will not use Mocup’s Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or Mocup.

9.

You agree that you will not contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any of Mocup Trademarks or the Trademark rights claimed by Mocup.

10.

You agree that you will not use any Mocup Trademark or any variant thereof including misspellings) as a domain name or as part of a domain name regardless of the top-level domain, or as a metatag, keyword, or any other type of programming code or data.

11.

You may not at any time, adopt or use, without Mocup’s prior written consent any word or mark which is similar to or likely to be confused with Mocup’s Trademarks.

12.

The look and feel of the Mocup website, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of Mocup and may not be copied, imitated or used, in whole or in part, without the prior written consent of Mocup.

13.

All other trademarks, product names, and company names or logos used or appearing on the Mocup website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Mocup, unless expressly so stated.

14.

You may not use a Mocup trademark, logo, Image or other proprietary graphic of Mocup to link to the Mocup website without the prior written consent of Mocup.

15.

You may not frame or hotlink to the Mocup website or any Image without the prior written consent of Mocup.

SITE SERVICES

16.

Various services are made available to you, pursuant to your use of the Site and Mocup Content licensed thereon (the “Site Services”). Subject to your compliance with these Terms of Use, any applicable license agreement with Mocup, and the law, you may access and use the Site Services. Mocup remains the sole owner of all right, title, and interest in the Site Services and reserves all rights not expressly granted under these Terms of Use. Mocup may modify, replace, or discontinue any Site Services at any time, for any reason, with or without notice, in Mocup’s sole discretion. Mocup provides the Site Services on an “as is” and “as available” basis. Mocup (or third parties acting on its behalf) may collect data related to your use of the Site Services

17.

Mocup may make Mocup Content available through the Site Services. You may not use any Mocup Content for any purpose without first obtaining a license to use such Mocup Content. Any use of Mocup Content by you shall be governed by the applicable license agreement separately entered into between you and Mocup. Displaying and/or distributing to the public any watermarked or unlicensed Mocup Content (whether incorporated into a derivative work or alone) constitutes copyright infringement.

RESTRICTION AND TERMINATION OF USE

23.

Mocup may block, restrict, disable, suspend or terminate your access to all or part of the Site, the Site Services, and/or Mocup Content at any time in Mocup’s discretion, without prior notice or liability to you. Any conduct by you that, in Mocup’s sole discretion, restricts or inhibits any other person or entity from using or enjoying the Site or the Site Services is strictly prohibited and may result in the termination of your access to the Site or the Site Services without further notice.

LINKS TO THIRD PARTY SITES

24.

In the event that Mocup provides links from its website to any third-party website or permits any third party to link from its website to the Mocup website, you should be aware that Mocup makes no warranty of any kind, express or implied, and accepts no responsibility for any content or practices of such third parties or their websites. Such websites are not under the control of Mocup, and Mocup provides and/or permits these links only as a convenience to you. The inclusion of any link does not imply affiliation, endorsement, or adoption by Mocup.

WARRANTIES AND DISCLAIMERS

25.

Your use of the Site and the Site Services are at your own risk. The Site and the Site Services, are provided by Mocup under these terms of use “as is” without warranty of any kind, either express, implied, statutory or otherwise. Mocup expressly disclaims any and all warranties of any kind, whether express or implied, to each and any Site Services made available at any time, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Mocup makes no warranty that: (i) the Site will meet your requirements; (ii) access to the Site will be uninterrupted; (iii) the quality of the Site will meet your expectations; and (iv) any errors or defects in the site, services or materials will be corrected. Mocup makes no representations or warranties that the Site Services will be permitted in your jurisdiction, that the Site Services or your use of the Site Services will be uninterrupted or error-free, that any of Your Content submitted by you will be available through the Site Services or will be stored by the Site Services, that the Site Services will meet your needs, or that Mocup will continue to support any particular feature of the Site Services. To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Site Services, and no warranties shall apply after such period.

PERSONAL INFORMATION AND PRIVACY

26.

Mocup will use and protect your data, such as your name and address, in accordance with the Mocup Privacy Statement, the contents of which are incorporated by reference into these Terms of Use.

INDEMNIFICATION

27.

You agree to defend, indemnify and hold harmless Mocup, its subsidiaries, affiliates, licensors, employees, agents, third party information providers, Submitters and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your conduct, your use or inability to use Site, the Site Services, your breach or alleged breach of the Website Terms of Use or of any representation or warranty contained herein, your unauthorized use of the Mocup Content, or your violation of any rights of another.

GOVERNING LAW AND JURISDICTION

28.

These Terms of Use are governed by and shall be construed in accordance with the laws of the State of New York. You hereby consent to the personal jurisdiction of the state and federal courts located within such state. All actions, controversies and disputes arising from or relating to these Terms of Use shall be heard and decided exclusively before the courts located within the State, County and City of New York and not elsewhere. You agree that service of process in any actions, controversies and disputes arising from or relating to these Terms of Use may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the other party however, nothing herein shall affect the right to effect service of process in any other manner permitted by law. These Terms of Use shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or unenforceability of any part of these Terms of Use shall not affect the validity or enforceability of the balance hereof.

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