start typing your request in simple words, then choose the tags and click Search when you’re ready

No result...

Terms Of Service

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") and Mariden Trade s.r.o. By entering into this agreement, You agree to all points of this document without exception.

valid from the 20 Aug 2015



Contents:

I. Definitions

II. License Agreement

A. General License Agreement

B. Standard Licenses

C. Extended Licenses

D. Custom Licenses

E. Additional Content distibution Agreement

III. Membership Agreement

IV. General Terms and Conditions

V. Pricing, payment & delivery

VI. Refund Policy

VII. Warranties and limitations of liability & indemnity

VIII. Termination



PART I DEFINITIONS


Product(s)” means an Item or Bundle that is available for purchase or free download at Mockupgeek.com

"Item(s)" means complex graphic template in ready for use and customizing form based on photographs, renders, drawings, vectors and the like and available for license from Mockupgeek.com

"Bundle(s)" means multiple Items combined into separate independent product. In case of buying Bundle, each Item of this Bundle has it’s own license.

Additional Content” means files such as scripts, images, backgrounds, layouts, actions etc. that accompany Products and cannot be extracted from Product and used as stand-alone objects or used as a part with third-party products (but they are cross-product and allowed for unlimited use with another Mockupgeek’s Products that you have licensed).

Licensed Item(s)” means Item that you are licensed to use in terms of License Agreement with Us. In case you’ve bought a Bundle Product so you have some quantity of separate Licensed Items that this Bundle contains.

End Product” means a finalized work that looks like customized implementation of the Licensed Item and incorporates the Item as well as other things, so that it is larger in scope and may be different in nature than the Item.  As well End Product must contain no separate or available for extract working layers or Additional Content.

“Agreement” means these Terms of Use.

“License Agreement” means an agreement with us that allows you to download and use the Items separately and apart from the Site.

“Intellectual Property Rights” means copyright, patents, registered designs, trademarks (whether registered or not), design rights, and other intellectual property rights, including other jurisdictions that grant similar rights.

“Price” and “License Fee” means the amount payable to us for licensing the Items.

“Free” means Product available to download for free.

“Profile” means your private section at Mockupgeek website to keep your personal information, administrate your balance funds, manage purchases, make downloads and so on.

“Site” means Internet World Wide website at URL www.mockupgeek.com.

“Us”, “We”, or “Our” means Mariden Trade s.r.o. , a company incorporated in terms of the laws of the Czech Republic, located at Hrebecska 2596, 272 01 Kladno, Czech Republic.

“You” or “Your” refers to you, or your employer or any other entity that you have full legal authority to bind and may be accepting this Agreement on behalf of.




PART II LICENSE AGREEMENT


A. GENERAL LICENSE AGREEMENT


1. By downloading any Product from the Site, by making any use of the Items or Additional content, or by indicating Your acceptance of this Agreement in any other way, You agree to the terms of this Agreement. And You may not make any use of the Items without agreeing to the terms of this Agreement.

2. This is not a master agreement: Every time You download a Product, You enter into a separate License Agreement for each Item contained in a Product.

3. Each Licensed Item means to be owned by one person/company and can be used just in one End Product. Multi-use is prohibited in anyway, except special conditions with Custom License purchase.

4. You can and must modify or manipulate the Item. You can combine the Item with other works and make a derivative work from it. The resulting works are subject to the terms of purchased License.

5. Distribution of any End Product created with the help of items is carried out only under the terms described below points II.B-II.D, in accordance with the purchased license. Distribution End Product under other conditions than described below, is strictly prohibited.

6. If Item contains distinguishable face of any person, You are prohibited to use in a potentially sensitive subject matter, including but not limited to mental and physical health issues, social issues, sexual or implied sexual activity or preferences, substance abuse, crime, physical or mental abuse or ailments, or any other subject matter that would be reasonably likely to be offensive or unflattering to any person reflected in the Licensed Item (but may be allowed in some cases with previous arrangement with us before using Custom License)

7. If Item contains no distinguishable face of any person, You are allowed to use our Item freely but in this case You are taking complete responsibility for the possible consequences to reach an agreement with the owners of trademarked real-products or copyrighted objects that may be reflected in the Item or Additional Content.

8. Nothing in this Agreement is to be interpreted as an assignment of any Intellectual Property Rights in the Items to You or to any third party.

9. We will own the Intellectual Property Rights to any adaptations made to the Items.

10. Credit and copyright notices:

10.a The use of Items in an "editorial" context, shall be accompanied by an adjacent credit to the Site in substantially the following form: "Mockupgeek.com"

10.b If and where commercially reasonable, the use of Items in merchandise or a production shall be accompanied by a credit to the Site in substantially the following form: "Graphic content, used under license from Mockupgeek.com"

10.c Credit attributions are not required in connection with any other use of Items unless third-party graphic content provided credit in connection with the same use.

10.d In all cases the credit shall be of such size, color and prominence so as to be clearly and easily readable by the unaided eye.


B. STANDARD LICENSE


Mockupgeek hereby grants You a non-exclusive, royalty-free right to use, modify and reproduce the Item You have selected worldwide, in perpetuity, as expressly permitted by the applicable license and subject to the limitations set herein, and additional explanation at section FAQs (which add part of this license):

1. You CAN use the Item to create one single End Product for yourself or for one client (a “single application”), and the End Product can be distributed for Free. One Licensed Item allows You to create just one unique End Product. For creating another End Product on the basis of the same Item You must buy one more Item’s License.

2. You CAN create one End Product for a client, and You can transfer that single End Product to your client for any fee. This license is then transferred to Your client. After the transfer, Your customer take upon himself the rights and obligations set in this agreement, as You are required to notify your client, give a link to the Terms of use and provide him with a screenshot or printout Receipt of the Order, including the transmitted object. Also, You have to delete all of the sent Item from data storages and its copy, and You must ensure that the client do not make any other Use of the Licensed Item.

3. You must NOT permit Your client or an end user of the End Product to extract the Item and use it separately from the End Product. So to prevent this keep work objects and layers merged to one non-extractable layer before distribute the End Product.

4. You CAN distribute End Product through 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, Vimeo, etc., subject to the budget limitations set in sub-paragraph II.B.6 below).

5. You CAN distribute End Product 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 End Product is reproduced more than 500,000 times.

6. You CAN use End Product as part of an "Out-of-Home" advertising campaign, provided the intended audience for such campaign is less than 500,000 gross impressions.

7. You CAN incorporate End Product 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;

8. You may NOT sell the End Product. If You or Your client wants to sell the End Product, you will need the Extended License.

9. You may NOT re-distribute the Item and Additional Content as stock, in a tool or any template, or with source files. You may NOT do this with an Item either on its own or bundled with other items, and even if You modify the Item or its parts or Additional Content, You may NOT re-distribute or make available the Item as-is or with superficial modifications and its parts and Additional Content. These things are not allowed even if the re-distribution is for Free.

10. You may NOT use the Item in any application allowing an end user to customize a digital or physical product to their specific needs, such as an “on demand”, “made to order” or “build it yourself” application. But you CAN use the Item in this way only if You purchase a separate Standard License for each End Product incorporating the Item that is created using the application.


C. EXTENDED LICENSE


Mockupgeek hereby grants You a non-exclusive, royalty-free right to use, modify and reproduce the Item You have selected worldwide, in perpetuity, as expressly permitted by the applicable license and subject to the limitations set herein and additionally clarified in section FAQs (which add part of this license):

1. You CAN use the Item to create one single End Product for yourself or for one client (a “single application”), and the End Product can be distributed for Fee. One Licensed Item allows You to create just one unique End Product, for creating another End Product You must buy one more License of Item.

2. You CAN create one End Product for a client, and You can transfer that single End Product to your client for any fee. This license is then transferred to Your client. After the transfer, Your customer take upon himself the rights and obligations set in this agreement, as You are required to notify Your client, give a link to the Terms of use and provide him with a screenshot or printout Receipt of the Order, including the transmitted object. Also, You have to delete all of the sent Item from data storages and its copy, and You must ensure that the client do not make any other Use of the Licensed Item.

3. You must NOT permit Your client or an end user of the End Product to extract the Item and use it separately from the End Product. So to prevent this keep work objects and layers merged to one non-extractable layer before distribute the End Product.

4. You CAN distribute End Product through 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 without any budget limitations.

5. You CAN distribute End Product 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 End Product is reproduced more than 500,000 times.

6. You CAN use End Product as part of an "Out-of-Home" advertising campaign, provided the intended audience for such campaign is more than 500,000 gross impressions.

7. You CAN incorporate End Product 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 without any limitation.

8. You or Your client CAN sell the End Product.

9. You may NOT re-distribute the Item and Additional Content as stock, in a tool or any template, or with source files. You may NOT do this with an Item either on its own or bundled with other items, and even if You modify the Item or its parts or Additional Content, You may NOT re-distribute or make available the Item as-is or with superficial modifications and its parts and Additional Content. These things are not allowed even if the re-distribution is for Free.

10. You may NOT use the Item in any application allowing an end user to customize a digital or physical product to their specific needs, such as an “on demand”, “made to order” or “build it yourself” application. But You CAN use the Item in this way only if You purchase a separate Standard License for each End Product incorporating the Item that is created using the application.


D. CUSTOM LICENSE


1. Custom License is fully modifiable type of license, created in accordance with Your needs, and request for a private one-off between us. It can afford a lot, such as multi-seat license and full exclusivity on the removal of Items from our catalog, and a lifetime warranty on the prevention of the spread on Our part, up to the physical removal of the source files from Our devices.

2. Distributing Custom Licensed Items, is carried out on terms and conditions drawn up by us, and fixed up between You and Us by Custom License Agreement.

3. Custom License's cost defined for its special case, based on desired Item/s and determined conditions upon its use.

4. Payment for the Custom Licenses considered as Your full agreement with each point set in this Agreement and Your full consent to the terms fixed up between us by Custom License Agreement.

5. A big advantege for constant cooperation with Us, when purchasing any license (including Custom License), You can pay through a system of Mockupgeek's bonuses, i.e. for every purchase You can save significantly.



PART III MEMBERSHIP AGREEMENT


1. By registering a Profile on the Site, You declare yourself as a capable person under the laws of the country and / or state of residency, and You can take full responsibility for its obligations under this Agreement.

2. By registering a Profile on the Site, downloading any Product from the Site, by making any use of the Licensed Item, or by indicating your acceptance of this Agreement in any other way, You agree to the terms of this Agreement.

3. You agree and acknowledge that You will only use Products from the Site in accordance with this Agreement and the appropriate Part II License Agreement for the Items and that You will not obtain any Item from the Site illegally.

4. Upon accepting this Agreement, You agree and acknowledge to provide accurate personal information requested during the registration process and to keep this information updated and accurate at all times.

5. Upon accepting this Agreement You agree that You will have only one Profile.

6. Upon accepting this Agreement You agree that Your login and password are for Your use only and that You will not share this information with anyone else.

7. Upon accepting this Agreement You agree and acknowledge that You will contact us immediately should You experience any unauthorized use of Your Profile.

8. You as a user have to accept all risks of any unauthorized access that might happen concerning Your Profile. We don’t think it is a common case, but Our security effort will be useless if You don’t take care of Your Profile access.

9. If You plan to act on behalf of the studio, agency or juristic person you must fill in the Profile using appropriate and right details of the juristic person rather than those of an employee or an agent acting on behalf of the juristic person.

10. You may NOT set-up a Profile on behalf or for another person. It is a prohibited use of the Site anyway.

11. You agree that any distributing of an Item or extracted part of Item or any part of Additional Content and using it separately from the End Product is prohibited anyway. So to prevent this you should keep work objects and layers merged to one non-extractable layer before distributing the End Product.

12. You agree that in case of violation of any condition of this Agreement by You, We block access to Your Profile without notice.



PART IV GENERAL TERMS AND CONDITION


We reserve the right to amend the terms of this Agreement at any time and without notice to You. You are advised to regularly check whether these terms have changed. The most recent version of the Agreement will be available on the Site. Please refer to the date at the top of this document. If You do not accept any amendment of the new Agreement, You may terminate your Profile by notice to Us. Termination for this reason will not affect using any Item purchased prior to the time of terms changing.

If you use any Item and transfer it to a client, You will have to disclose Us such clients, by Our reasonable request.

If You are entering into this Agreement on behalf of Your employer or other entity, You warrant and represent that You have the full right and authority to do so. In the event that You do not have such authority, You agree that You will be personally liable to Us for any violations of the terms of this Agreement.

In the event that You violate any of the terms of this or any other agreement with Us, We shall have the right to terminate Your account without further notice, in addition to Mockupgeek's other rights at law and/or equity. We 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.



PART V PRICING, PAYMENT AND DELIVERY


1. You can buy Products on our Site in two ways:

1.a Direct payment through PayPal system.

1.b Deposit Account Balance via PayPal and subsequent payment by using Balance Funds.


2. At the moment, We accept payments only through PayPal. But once having got a PayPal account, You can use Visa and Mastercard and others.

3. We do not store or process Your personal payment information. But We store data about Your Balance Funds and history of its replenishment and spending (see paragraph V.5. of the Agreement).

4. The Prices are displayed on the Site. We reserve the right to change the Prices at any time.

5. The site has a local currency:

5.a The cost per unit of local currency equal to one US dollar.

5.b Name of the local currency is accepted as a "Balance Funds"

5.c Designation of the local currency is received in a similar dollar symbol "$" for ease of reference unit cost Balance Funds.


6. The Site has a system of bonuses when adding funds to Your Account Balance. Each fixed amount of replenishment of Account Balance corresponds to a fixed amount of bonus. We reserve the right to change the dependence of the amount of bonus from the amount of replenishment, as well as add or remove some of the proposals without notice. You can always find on the page Pricing detailed and always up to date information on the amounts of bonus.

7. Paying for Product. You can pay the order directly through Paypal or using Balance Funds (in the event that Balance Funds is sufficient to complete the purchase). At the moment, We do not support mixed type of payment in the framework of a single order, when one part is covered by using Paypal and other by Balance Funds.

8. Once We have received payments from You, We will send an order confirmation to the email You gave Us during the registration.

9. Paid Products are available for download under the order number on the Downloads tab of Your account profile (personal account) or by reference to the page Receipt to Order in a confirmation letter.

10. The products will be available for unlimited download for a period of 15 days after the payment. After this time, downloading the Product becomes unavailable.

11. If You do not have time to download the Product due to technical failures or any other causes, please contact Us to resolve the problem.

12. All products are delivered through digital download via the Internet.



PART VI REFUND POLICY


1. We always want You to have a great experience with Mockupgeek.com. In the event that You are not completely satisfied with Your purchase, We will work with You to resolve the problem or give You a refund.

2. Since We are offering non-tangible, irrevocable goods We do not issue refunds once the order is accomplished. As a customer You are responsible for understanding this upon purchasing any Product at Our Site. We only make exceptions with this rule on the following reasons:

2.а Double purchase: if You purchased some product twice due to unknown issue of the payment system or by any other reason.

2.b The Product does not match the description (not-as-described): if the Product does not contain parts (and / or Items, if it is on the Bundle) specified in the text table or a detailed description of the properties (on the detail page of each Product, on the right of the Product preview image) or its actual characteristics worse (smaller) than claimed in this table.

2.c Parts of Items do not work: if You are using the software corresponds to that required by the table properties (for details page of each Product, the right of the product preview image), but part of Items such as actions, smart objects etc. does not work properly.


3. Requests for paid Product's refund are accepted at Contact Us page within the period of 15 days after the Order is placed. You should accompany this request with detailed and grounded reasons why You apply for a refund.

4. Note that in the case does not correspond to the description of Items or not working properly parts of Items in the Product Bundle, first of all We will propose to remedy the omission / repair, and in case of failure to perform such acts, to carry out a refund in the amount of the non-working Items (by Price paid by dividing the number of items in a Bundle). Every customer is suggested to check Free Products before making the purchase. It helps to research the Product's structure and evaluate it's quality.

5. Note an important point that in the case of Your desire to return the funds for the replenishment operation of your Account Balance, You have 48 hours from the time of payment to send Us a request.

6. A refund for the replenishment operation of your Account Balance, made to Your PayPal account will be made in US Dollars, under the rules of PayPal. 

7. In the event of refund for the replenishment operation of your Account Balance, We will refund only the funds that are actually spent by You on this operation, subtracting amounts of done purchases after updating Your account balance. Bonus amount accrued for the added Balance Funds, in this case will be canceled.

8. We will not be able to refund any purchases or Balance Funds spent after the deadline time shown above.



PART VII WARRANTY AND LIMITATIONS OF LIABILITY & INDEMNITY


Except as expressly provided herein, Mockupgeek provides no rights and makes no warranties regarding the use of personal information, having the opportunity to be reflected in the Items - trademarks, corporate identity, or copyrighted designs or works. Mockupgeek only has model releases where expressly stated on the Site.

Neither Mockupgeek 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 Items, Mockupgeek's breach of this agreement, or otherwise, unless expressly provided for herein, even if We have been advised of the possibility of such damages, costs or losses. 

Except as expressly set in Part II, all Items of Products 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 Items may contain elements that require additional clearance if the Items is modified or used in a particular context. If You make such modification or use Item in such context, You are solely responsible for obtaining any additional clearances thereby required. 

Mariden Trade s.r.o. owning the site Mockupgeek.com may transfer the rights to manage Site, its users or their information to another entity at its discretion for a period determined by the parties. In this case, the assignee will bear the responsibility for the management of the web resource, its development and other things, and will be responsible for product quality, user support and so on in frame of conditions of this Agreement. In case of any claim to Mockupgeek.com it will be dealt with in a court of the residence country of the assignee and under the laws of residence country of the assignee.

We strive to have the Mockupgeek available to You 24 hours a day, seven days a week but You know how the Internet works: occasionally You might not be able to access Mockupgeek, and this might happen for any reason, at any time, with or without notice, or at Our absolute discretion. We might also change aspects of how Mockupgeek works. We will not be liable to You for any loss You suffer as a result of these things.



PART VII TERMINATION


1. We can terminate this Agreement as a result of breach of any point of this Agreement on Your part.

2. You can terminate this Agreement at any time upon written notice to us.

3. If this Agreement terminated for any reason:

3.a We can remove Your profile and all personal information with no ability to recover.

3.b If You made a breach of any conditions of Part II License Agreement by using any Licensed Item, We can also terminate Your rights on that License Agreement.


4. Termination of this Agreement does not exempt You from the obligation to take responsibility and Our right to claim damages against You for copyright infringement and / or violation of this Agreement.