Terms of Service

The gist:

We are Mockup 3D and we run an online 3D tool for designers that lets you put your images and designs on 3D objects. Our service is designed to give you as much control, ownership and privacy over what you create as possible.

(The below Terms of Service available under a Creative Commons Sharealike license. It has been adapted from the Terms of Service from the folks at Automattic), creators of Wordpress, using the Creative Commons Sharealike license. You're more than welcome to repurpose it for your own use. Just make sure to replace references to us with ones to you, and if you don't mind it would be nice to have a link to WordPress.com somewhere on your website since they spent a lot of money and time on this. The original is at: https://en.wordpress.com/tos/ )

Terms of Service:

The following terms and conditions ("Terms") govern all use of the mockup3d.com website and all content, services, and products available at or through the website (our "Services"). Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Mockup 3D's Privacy Policy) and procedures that may be published from time to time by Mockup 3D (collectively, the "Agreement"). You agree that we may automatically upgrade our Services, and these Terms will apply to any upgrades.

Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by Mockup 3D, acceptance is expressly limited to these Terms.

1. Account

2. Use of Services

3. Paid Services

4. User Content

5. Generated Content

6. Responsibility of Visitors

7. Content Posted on Other Websites.

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which mockup3d.com links, and that link to mockup3d.com. Mockup 3D does not have any control over those non-mockup3d.com websites, and is not responsible for their contents or their use. By linking to a non-mockup3d.com website, Mockup 3D does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Mockup 3D disclaims any responsibility for any harm resulting from your use of non-mockup3d.com websites and webpages.

8. Third Party Services.

You may enable services, products, software, or applications developed by a third party or yourself (“Third Party Services”) on your site.

If you use any Third Party Services, you understand that:

In rare cases, we may at our discretion, suspend, disable, or remove Third Party Services from your account or website.

9. Copyright Infringement and DMCA Policy.

As Mockup 3D asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by mockup3d.com violates your copyright, you are encouraged to notify Mockup 3D at [email protected] Mockup 3D will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Mockup 3D will terminate a visitor's access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Mockup 3D or others. In the case of such termination, Mockup 3D will have no obligation to provide a refund of any amounts previously paid to Mockup 3D.

10. Intellectual Property.

This Agreement does not transfer from Mockup 3D to you any Mockup 3D or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Mockup 3D. Mockup 3D, mockup3d.com, the mockup3d.com logo, and all other trademarks, service marks, graphics and logos used in connection with mockup3d.com or our Services, are trademarks or registered trademarks of Mockup 3D or Mockup 3D's licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Mockup 3D or third-party trademarks.

11. Changes.

We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

12. Termination.

Mockup 3D may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your mockup3d.com account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

13. Disclaimer of Warranties.

Our Services are provided "as is." Mockup 3D and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Mockup 3D nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

14. Jurisdiction and Applicable Law.

Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of New York, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Kings County, New York.

15. Limitation of Liability.

In no event will Mockup 3D, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Mockup 3D under this Agreement during the twelve (12) month period prior to the cause of action. Mockup 3D shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

16. General Representation and Warranty.

You represent and warrant that (i) your use of our Services will be in strict accordance with the Mockup 3D Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of our Services will not infringe or misappropriate the intellectual property rights of any third party.

17. US Economic Sanctions.

You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and Mockup 3D reserves the right to terminate accounts or access of those in the event of a breach of this condition.

18. Indemnification.

You agree to indemnify and hold harmless Mockup 3D, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.

19. Severability

If any term or other provision of these terms is determined by a court of competent jurisdiction to be invalid, illegal or incapable of being enforced by any rule of Law or public policy, all other terms, provisions and conditions of these Terms shall nevertheless remain in full force and effect. To this end the provisions of these terms are said to be severable.

20. Miscellaneous.

This Agreement constitutes the entire agreement between Mockup 3D and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Mockup 3D, or by the posting by Mockup 3D of a revised version.

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Mockup 3D may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.