Terms of Use

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE. BY ACCESSING OR USING THE WEBSITE http://mockupcloud.com/ (hereafter “Mockup Cloud”, “we” or “us”). YOU, THE USER OF THIS WEBSITE, AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU ARE ADVISED NOT TO CONTINUE USING THIS WEBSITE ANY LONGER.

REGISTRATION OF USER ACCOUNT

In order to successfully use the Mockup Cloud Website, you must be at least 18 years of age and must complete the registration process by submitting your first name, last name and email address. You must not use any other person's account to access the Website. You must not allow any other person to use your account to access the Website. You are responsible for maintaining the confidentiality of your account login information and are fully responsible for all activities that occur under your Account. Sharing one account for multiple users that causes manual or automated mass spam downloads from the Website is strictly prohibited and may result in a permanent ban of the offending account with no refunds. You agree to notify us immediately of any unauthorized use, or suspected unauthorized use of your account, or any other breach of security. Mockup Cloud cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. If you choose to delete your account, please contact us or simply discontinue using the Website.

PLACING YOUR ORDER

You can order individual items for download from the Website or can choose to subscribe to our Full Access Pass and download all products from our store. The Mockup Cloud Full Access Pass grants single-user access to download our products on a use-by-use basis. Please refer to our License Terms and Conditions to know more about your rights regarding these downloads. Mockup Cloud reserves the right to refuse or cancel your order at any time for unforeseen unavailability of product or service, errors in the description or price of the product or service, error in your order, or any other reasons.

PRICING AND PAYMENT

All product prices mentioned on the Website are final and inclusive of taxes unless mentioned otherwise. We reserve all rights to revise the pricing of our products at any time at our sole discretion with or without advance notice. We accept online payment through all international credit/ debit cards and PayPal. All card payments are processed by a third-party payment gateway partner, with whom we may share your personal information as per our Privacy Policy. It is your responsibility to ensure that a valid card number and billing address are provided for us to successfully process your payment. If your card is issued in a foreign currency other than $US Dollar, pricing will depend on applicable foreign exchange rates as per your Bank’s rules and regulations. In case you have any questions about the pricing or method of payment, feel free to reach out to our Customer Care team before making the payment. Mockup Cloud does not store any financial information including card details from any user and accepts no liability for any error in any third-party payment gateway under any circumstances whatsoever.

RETURN AND REFUND POLICY

Considering the unique nature of digital products, return and refund are unfortunately not possible. Please contact our Customer Care team if you face any problem in receiving or downloading our products and service.

USER CONTENT

Subject to these Terms of Use, you may post, link, store, share, publish and otherwise make available certain text, graphics, audio-visual material, or other information (“User Content”) by and through the Mockup Cloud Website. You are solely responsible for such User Content and hereby ensure that it does not offend any third-party rights, including but not limited to any applicable intellectual property rights, privacy rights, publicity rights, contractual rights and does not in any way be considered against applicable laws. Mockup Cloud does not and cannot review all User Content posted or sent by users, and shall not be held responsible for the same under any circumstances whatsoever. We reserve the right but are not obligated to, delete, modify, edit or update any User Content that we, in our sole discretion, deem to be in violation of these Terms of Use or deem to be otherwise unacceptable. Notwithstanding the above, by accepting these Terms of Use you grant us the right and license to use, modify, display and distribute such User Content by and through the Website and make it available to other users, who may also use such User Content subject to these Terms of Use.

ACCEPTABLE USE OF WEBSITE

In order to maximize your user experience in using the Website, and avoid, eliminate or minimize disruptive activities, we kindly ask you to maintain the following:

do not use the Website in any way or take any action that may undermine, disrupt, damage, or manipulate its working functionality, performance, availability, or accessibility;
do not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the Website, or any updates or any part thereof;
do not upload, distribute or otherwise publish through the Website any content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable;
do not use the Website in any manner that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity;
do not impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false IP addresses or headers, or otherwise conceal your identity for any purpose;
do not violate, plagiarise, or infringe on the rights of third parties, including without limitation copyright, trademark, trade secret, privacy, publicity, or other proprietary rights;
do not use data collected from the Website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing, and direct mailing).

SUSPENSION OF SERVICE

Mockup Cloud reserves the right to suspend and/or terminate any services relating to the Website, with or without notice, and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so. All provisions of these Terms of Use which by their nature should survive such suspension or termination shall survive, including, without limitation, intellectual property ownership, warranty disclaimers, indemnity and limitations of liability.

THIRD-PARTY LINKS AND ADVERTISEMENTS

Mockup Cloud may occasionally provide external links and advertisements submitted by or directed towards third-party websites and services. Unless expressly stated otherwise, such advertisements do not signify that Mockup Cloud endorses and/or is associated with such third-party websites and services in any manner including, but not limited to, the content, accuracy, quality, nature, appropriateness, decency, functionality, performance, reliability, completeness, timeliness, validity, safety, legality or any other aspect thereof. We accept no responsibility for third-party advertisements contained within the Website. If you agree to purchase goods and/or services from any third party who advertises on this Website, you do so at your own risk and these Terms of Use remain no longer applicable.

CONTESTS, SWEEPSTAKES AND PROMOTIONS

Any and all contests, sweepstakes and promotional events and activities made available by and through the Website from time to time shall be governed by separate rules, which will supersede this Terms of Use document in case of any conflict. We request you to kindly review the specific rules in full detail before participating in any such contests, sweepstakes and promotional events.

LIMITATION OF LIABILITY

By using the Mockup Cloud Website, you hereby acknowledge and agree that such usage is at your sole risk and responsibility. To the maximum extent permitted by applicable law, Mockup Cloud is provided on an “as is” and “as available” basis without warranties of any kind, either expressed or implied, including, but not limited to, all warranties of quality, accuracy, completeness, reliability, conditions of merchantability, fitness for a particular purpose, title or non-infringement. Mockup Cloud does not warrant that the products and services offered through the Website will meet your specific requirements, that the Website will be uninterrupted or error-free, that the Website will be free from viruses or similar harmful matter or that any defects in the Website will be immediately corrected. In view of the same, changing or updating of existing information in the Website may happen at our sole discretion with or without prior notice. No oral or written communication offered by Mockup Cloud will create any warranty for this purpose.

Under no circumstances will Mockup Cloud any of its directors, shareholders, employees and agents be liable for any incidental, consequential, or indirect damages including, but not limited to, business interruption, damages for loss of profit, loss of data, loss of goodwill and the like arising out of the use or inability of use of the service/ information provided on or downloaded from the Website, or any delay in the processing of such information or services. For removal of doubt, this includes situations where there is any failure or delay in performance of any of the obligations under these Terms of Use that is caused by events outside our reasonable control (force majeure events). Notwithstanding the above, nothing under these Terms of Use will limit or exclude any liabilities that may not be excluded under applicable law.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Mockup Cloud, its officers, directors, employees, agents, licensors, consultants, representatives and agents from and against all losses, damages, suits, judgments, costs and expenses (including litigation costs and reasonable attorneys' fees) arising out of or in connection with (a) your use of or inability to use the Website (b) your violation of any provision of these Terms of Use or your violation of any rights of a third party, or (c) your violation of any applicable laws, rules or regulations. Mockup Cloud reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will offer complete cooperation with Mockup Cloud in asserting any available defenses.

INTELLECTUAL PROPERTY

All information and content displayed in the Website such as the text, graphics, designs, photographs, videos, typefaces, look and feel format, and the like, EXCLUDING any User Content, is owned and/or licensed by Mockup Cloud unless expressly specified otherwise, and are protected by international laws on patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), domain names and other applicable rights. You may not distribute, modify, transmit, reuse, download, repost, copy, or use any of this information and content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us. Please notify us immediately if you believe any content found on this Website violates your intellectual property rights. Upon presentation of suitable proof, Mockup Cloud will act as required or appropriate under applicable law, including deleting any such content or link to the infringing material.

ELECTRONIC COMMUNICATIONS

The communications between you and Mockup Cloud use electronic means. For contractual purposes, you (a) consent to receive communications from Mockup Cloud in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Mockup Cloud provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. With your informed consent (opt-in), such electronic communication may also include periodic emails and/or other messages for our internal marketing and promotional purposes. We take all reasonable measures to ensure that our marketing communications are compliant with the applicable laws including GDPR. However, you may opt-out of receiving some, or all, such communication from us by following the unsubscribe link or other relevant instructions provided in any email we send.

GENERAL INFORMATION

These Terms of Use shall be governed by and construed in accordance with the laws of the European Union and all disputes will be submitted to the exclusive jurisdiction of the Courts of Lithuania. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, such invalidity will not affect the enforceability of any other part or provision of this Agreement.

Mockup Cloud reserves the right, at their sole discretion, to modify these Terms of Use at any time, with or without prior notice, and such modifications shall be effective immediately upon posting of the same on the Website. You agree to review this document periodically to be aware of such modifications and your continued access or use of the Website shall be deemed as a conclusive acceptance of such modified Terms of Use.

This Website is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service are applicable for all relevant cases in addition to these Terms of Use.

If you have any further questions, comments, or requests regarding these Terms of Use, please email us at support@mockupcloud.com.

These Terms of Use were last updated in April 2021.