Terms of Service
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1. Agreement to Terms
1.1. These Terms of Service ("Terms," "Agreement") constitute a legally binding contract between you ("User," "you," "your") and MockupExpo ("we," "us," "our," "Company"), a business operating from Edmonton, Alberta, Canada.
1.2. These Terms govern your access to and use of MockupExpo.com ("Website"), including all content, features, tools, and services offered through the Website.
1.3. By accessing, browsing, registering for, or using our Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and all incorporated policies.
1.4. If you do not agree to these Terms in their entirety, you must immediately cease all use of our Website and services.
1.5. We reserve the right to modify these Terms at any time. Material changes will be notified via email and prominent Website notice at least 30 days before becoming effective. Your continued use after changes constitutes acceptance.
1.6. These Terms incorporate by reference our Privacy Policy, Refund Policy, License Agreement, and any other policies posted on our Website.
2. Definitions and Interpretation
2.1. "Mockups" means digital design templates, including but not limited to product mockups, scene creators, packaging mockups, device mockups, and any other digital design assets offered on our Website.
2.2. "Subscription" means the annual access plan granting you rights to download and use Mockups subject to these Terms.
2.3. "Commercial License" means the license granted with each Mockup allowing use in commercial and personal projects with specific limitations detailed herein.
2.4. "User Content" means any content you submit, upload, or transmit to our Website, including reviews, comments, or feedback.
2.5. "Free Samples" means Mockups we offer at no cost for evaluation purposes before Subscription purchase.
2.6. Headings are for convenience only and do not affect interpretation. Singular includes plural and vice versa.
3. Eligibility and Account Registration
3.1. Age Requirement: You must be at least 18 years old to use our services. By using our Website, you represent and warrant that you are 18 or older.
3.2. Account Creation: To access Subscription features, you must create an account providing accurate, current, and complete information.
3.3. Account Security: You are responsible for maintaining confidentiality of your account credentials and for all activities occurring under your account.
3.4. Notification: You agree to notify us immediately at info@MockupExpo.com of any unauthorized access, security breach, or suspicious activity related to your account.
3.5. Account Suspension: We reserve the right to suspend or terminate accounts with false information, prolonged inactivity, or violation of these Terms.
3.6. One Account Per User: You may maintain only one active account unless expressly authorized by us in writing.
4. Our Service Model
4.1. Business Structure: MockupExpo designs, creates, and sells digital Mockups directly to users. We are the sole creator and seller. We do not host third-party sellers.
4.2. Digital Nature: All Mockups are digital files delivered via instant download. No physical products are manufactured, stored, or shipped.
4.3. Subscription Access: We operate on an annual subscription model. Active subscribers may download any Mockup from our library during their subscription period.
4.4. Free Samples: We provide select Mockups as Free Samples so you can evaluate quality before purchasing a Subscription.
4.5. No Guaranteed Availability: While we strive to maintain consistent offerings, we do not guarantee any specific Mockup will remain available indefinitely. We may remove or modify Mockups at our discretion.
5. Subscription Terms and Billing
5.1. Subscription Period: Subscriptions are annual, running for 365 days from the date of purchase.
5.2. Automatic Renewal: Your Subscription automatically renews for another year unless you cancel before the renewal date.
5.3. Renewal Notification: We send renewal reminder emails 30 days and 7 days before your Subscription expires.
5.4. Payment Processing: All payments are processed exclusively through PayPal. We do not collect, store, or process your credit card or banking information.
5.5. Payment Authorization: By subscribing, you authorize PayPal to charge the applicable subscription fee. You must maintain valid payment information with PayPal.
5.6. Failed Payments: If PayPal reports a failed payment, we will attempt to notify you. Your Subscription may be suspended until payment is successfully processed.
5.7. Price Changes: We may change subscription prices for new subscribers. Your renewal rate is locked at your current rate unless we notify you of changes 30 days in advance.
5.8. Currency: All prices are in United States Dollars (USD). You are responsible for any currency conversion fees or taxes imposed by your jurisdiction or PayPal.
6. Cancellation and Termination
6.1. Cancellation by You: You may cancel your Subscription at any time through your account settings or by contacting info@MockupExpo.com.
6.2. Effect of Cancellation: Cancellation stops automatic renewal. You retain access until your current annual period ends. No partial refunds are provided.
6.3. Termination by Us: We may terminate or suspend your Subscription immediately, without notice, for:
- Violation of these Terms
- Fraudulent payment activity
- Unauthorized sharing of account access
- Use of Mockups for prohibited purposes
- Any illegal activity
6.4. Effect of Termination: Upon termination for violation, you must immediately cease using all Mockups downloaded during your Subscription. We may block your access to the Website.
6.5. Survival: Sections regarding intellectual property, confidentiality, limitation of liability, indemnification, and dispute resolution survive termination.
7. License Grant and Usage Rights
7.1. License Type: Each Mockup is licensed under our Commercial License as detailed in this Section.
7.2. Permitted Uses: With an active or expired Subscription, you may:
- Use Mockups in unlimited commercial and personal projects
- Modify, edit, and customize Mockups to fit your needs
- Use Mockups in client work and deliverables
- Use Mockups in advertising, marketing, and promotional materials
- Use Mockups in digital and print media
- Use Mockups in social media content
- Use Mockups in product packaging and merchandise
- Use Mockups in presentations and portfolios
7.3. Prohibited Uses: You may NOT:
- Resell, redistribute, or sublicense raw Mockup files
- Include Mockups in design resource bundles or template marketplaces
- Offer Mockups as free downloads on any platform
- Create derivative mockup products from our files for sale
- Share your account login with others allowing them to download
- Use automated systems, bots, or scrapers to download Mockups
- Claim copyright ownership of original Mockup designs
- Remove or alter copyright notices embedded in files
- Use Mockups in ways that violate Section 8 (Prohibited Content)
7.4. License Scope: The Commercial License is non-exclusive, non-transferable, and perpetual for completed projects created during or after your Subscription.
7.5. Intellectual Property: All rights, title, and interest in Mockups remain with MockupExpo. You receive a limited license, not ownership.
8. Prohibited Content and Conduct
8.1. Illegal Uses: You may not use Mockups for any illegal purpose, including fraud, money laundering, terrorism financing, or violation of any applicable law.
8.2. Adult Content: You may not use Mockups in pornographic, sexually explicit, or adult entertainment content of any kind.
8.3. Violence and Hate: You may not use Mockups in content promoting violence, terrorism, self-harm, hate speech, discrimination, harassment, or intolerance based on race, ethnicity, religion, gender, sexual orientation, disability, or national origin.
8.4. Defamation: You may not use Mockups to defame, libel, or slander any person or entity.
8.5. Harmful Content: You may not use Mockups in content that is obscene, offensive, threatening, abusive, or otherwise objectionable as determined by us.
8.6. Technical Prohibitions: You may not:
- Attempt to hack, breach, or circumvent Website security
- Use spiders, scrapers, or automated tools to access or download content
- Upload viruses, malware, or destructive code
- Interfere with Website functionality or other users' access
- Impersonate any person or entity
- Engage in fraudulent activities or misrepresentation
8.7. Enforcement: Violation of this Section results in immediate account termination, forfeiture of Subscription fees, potential legal action, and permanent ban from our services.
9. Intellectual Property Rights
9.1. Our Ownership: All Mockups, Website design, graphics, logos, text, software, and content are owned by MockupExpo and protected by Canadian and international copyright, trademark, and intellectual property laws.
9.2. Trademarks: "MockupExpo," our logo, and any related marks are trademarks of MockupExpo. You may not use them without written permission.
9.3. No Transfer: These Terms do not transfer any intellectual property rights to you except the limited license expressly granted.
9.4. Feedback: Any suggestions, ideas, or feedback you provide may be used by us without compensation or attribution.
9.5. Copyright Infringement: If you believe your work has been copied on our Website, contact info@MockupExpo.com with detailed information.
10. User Content and Reviews
10.1. Submission: By submitting reviews, comments, or other content to our Website, you grant us a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, modify, and display such content.
10.2. Representations: You represent that your User Content is accurate, original, and does not violate third-party rights.
10.3. Moderation: We may monitor, edit, or remove User Content at our discretion. We are not obligated to review all submissions.
10.4. Prohibited Content: User Content must not be unlawful, defamatory, obscene, or infringing.
11. No Refund Policy
11.1. All Sales Final: Due to the digital nature of our products, all Subscription purchases are final. No refunds, returns, or exchanges.
11.2. Free Samples Provided: We offer Free Samples specifically so you can evaluate Mockup quality, file compatibility, and suitability before purchasing.
11.3. No Exceptions: This policy applies universally, including:
- Accidental purchases
- Unused Subscriptions
- Dissatisfaction with Mockup selection
- Change of mind
- Technical issues on your end (software incompatibility, insufficient storage)
- Failure to download files during Subscription period
11.4. Technical Failures: If our systems fail to deliver purchased files and we verify the failure, we will restore your access to download those specific files. This does not constitute a refund.
11.5. Chargebacks: Initiating a chargeback or payment dispute with PayPal constitutes breach of these Terms and results in immediate account termination.
12. Disclaimers and Warranties
12.1. As-Is Basis: Our Website and Mockups are provided "as is" and "as available" without warranties of any kind, express or implied.
12.2. No Guarantee: We do not warrant that:
- Mockups will meet your specific requirements
- Files will be compatible with all software versions
- Website will be uninterrupted, timely, secure, or error-free
- Results from using Mockups will be accurate or reliable
- Any errors will be corrected
12.3. File Compatibility: You bear responsibility for ensuring Mockups work with your design software. We provide file format information on product pages.
12.4. No Professional Advice: Information on our Website does not constitute professional legal, financial, or design advice.
12.5. External Links: We are not responsible for third-party websites linked from our Website.
13. Limitation of Liability
13.1. Maximum Liability: To the fullest extent permitted by law, MockupExpo's total liability for any claim arising from or relating to these Terms or our services shall not exceed the total amount you paid for your current Subscription year.
13.2. Excluded Damages: We are not liable for any indirect, incidental, special, consequential, or punitive damages, including:
- Lost profits or revenue
- Lost data or business interruption
- Replacement costs
- Loss of goodwill or reputation
- Any other intangible losses
13.3. Basis of Liability: This limitation applies regardless of whether liability is based on contract, tort (including negligence), strict liability, or any other theory.
13.4. Essential Purpose: These limitations are fundamental elements of the bargain between you and us. You would not be able to purchase a Subscription at the offered price without these limitations.
13.5. Jurisdictional Variations: Some jurisdictions do not allow exclusion of certain warranties or limitation of incidental or consequential damages, so these limitations may not apply to you.
14. Indemnification
14.1. Your Responsibility: You agree to defend, indemnify, and hold harmless MockupExpo, its owners, employees, contractors, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:
- Your use of our Website or Mockups
- Your violation of these Terms
- Your violation of any third-party right, including copyright or privacy
- Your use of Mockups for prohibited purposes
- Any User Content you submit
14.2. Cooperation: You agree to cooperate fully in the defense of any such claim. We reserve the right to assume exclusive defense and control of any matter subject to indemnification.
15. Dispute Resolution and Governing Law
15.1. Governing Law: These Terms are governed by and construed in accordance with the laws of the Province of Alberta, Canada, without regard to conflict of law principles.
15.2. Informal Resolution: Before filing any formal claim, you must contact us at info@MockupExpo.com and attempt to resolve the dispute informally for at least 30 days.
15.3. Arbitration: If informal resolution fails, any dispute shall be resolved by binding arbitration administered by the Canadian Arbitration Association in Edmonton, Alberta, under its Commercial Arbitration Rules.
15.4. Arbitration Process: The arbitrator will have authority to award the same damages and relief as a court. Judgment on the arbitration award may be entered in any court of competent jurisdiction.
15.5. Costs: Each party bears its own arbitration costs unless the arbitrator determines your claim was frivolous.
15.6. Injunctive Relief: Either party may seek injunctive relief in court to prevent irreparable harm pending arbitration.
15.7. Class Action Waiver: You agree that all disputes will be resolved only on an individual basis, not as a plaintiff or class member in any purported class or representative proceeding.
15.8. Time Limitation: Any claim must be filed within one year after the cause of action arose, or it is permanently barred.
16. General Provisions
16.1. Entire Agreement: These Terms constitute the entire agreement between you and MockupExpo regarding our services, superseding all prior agreements.
16.2. Severability: If any provision is held invalid or unenforceable, that provision will be modified to the minimum extent necessary, and remaining provisions remain in full force.
16.3. Waiver: Our failure to enforce any right does not waive future enforcement of that right.
16.4. Assignment: You may not assign these Terms without our written consent. We may assign these Terms without restriction.
16.5. Force Majeure: We are not liable for failures due to causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, riots, government actions, internet failures, or power outages.
16.6. Notices: Legal notices to us must be sent to info@MockupExpo.com or our physical address. Notices to you will be sent to your registered email.
16.7. English Language: These Terms are in English. In case of translation, the English version prevails.
17. Contact Information
17.1. General Inquiries: info@MockupExpo.com
17.2. Legal Notices: MockupExpo, Edmonton, Alberta, Canada
17.3. Response Time: We aim to respond to all inquiries within 2 business days.