Updated February 02, 2020
This Terms of Service (the “Terms”) describes the rights and responsibilities that apply to your use of ThemeMockup’s websites, services, and mobile app (collectively, the “Service”), each owned and operated by ThemeMockup Holdings Ltd. (“ThemeMockup”, “we”, “our” or “us”).
Your ThemeMockup Account . If you create an account on the Service (your “Account”), you are responsible for maintaining the security of your Account and its Content (as defined below), and you are fully responsible for all activities that occur under your Account and any other actions taken on the Service. You must not describe or assign Content to your Account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and ThemeMockup may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause ThemeMockup liability. You must immediately notify ThemeMockup of any unauthorized uses of your Account or any other breaches of security. ThemeMockup will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Your Responsibilities . If you operate an Account, comment on a screenshot, post material to the Service, post links on the Service, or otherwise make (or allow any third party to make) material available by means of the Service (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text or graphics. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not obscene, libelous or defamatory, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party;
- your Account is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your Account is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your Account’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by ThemeMockup or otherwise.
ThemeMockup reserves the right to refuse or remove any Content or terminate or deny access to your use of the Service for any reason whatsoever. Please read the Community Guidelines for rules and advice on what types of Content and uses of the Service are appropriate at ThemeMockup.
All Content uploaded are copyright © their respective owners.
If you delete Content, ThemeMockup will use reasonable efforts to remove it from the Service, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Rules. Use of any of the Services is subject to the following rules. You agree that, in addition to abiding by our Community Guidelines, you will not do any of the following:
- Use, support or develop bots, scrapers, software, scripts, crawlers, browser plugins, robots or other automated methods including human-powered automation through like farming or any other crowd-sourced methods to access, scrape, or copy the Services, or to add or download data, or send or redirect information or messages;
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that we have not made open source;
- Rent, lease, loan, trade, sell or otherwise monetize the Services or related data or access to the same, without our express written consent;
- Monitor the Services’ availability, performance or functionality for any competitive purpose;
- Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
- Post anything that contains software viruses, worms, or any other harmful code;
- Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services);
- Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms);
- Override any security feature or bypass or circumvent any access controls or limits of the Services;
- Create a false identity, misrepresent your identity, create a profile for anyone other than yourself, or use or attempt to use another’s account; or
- Violate our intellectual property rights or the intellectual property rights of others.
Third Party Websites and Content . We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which ThemeMockup links, and that link to ThemeMockup. ThemeMockup does not have any control over those non-ThemeMockup websites and webpages, and is not responsible for their contents or their use. By linking to a non-ThemeMockup website or webpage, ThemeMockup does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses and other harmful or destructive content. ThemeMockup disclaims any responsibility for any harm resulting from your use of non-ThemeMockup websites and webpages.
Intellectual Property. All material available on the Service and all material and services provided by or through ThemeMockup, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, but not limited to, software, all informational text, software documentation, design of and “look and feel”, layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the “Materials”), are owned by us or our licensors or service providers, and are protected by copyright, trademark, trade secret and other intellectual property laws.
If ThemeMockup, in its sole discretion and without notice, considers that there is an immediate security or operational risk to the Service, any of its, your or a third party system, then ThemeMockup may immediately suspend access to or use of the Service. The suspension of use and access is not a breach of the Terms. You acknowledge that the preservation of security, confidentiality and data is paramount. ThemeMockup has no liability to you for suspending the Service under this provision.
This section does not apply to Content; however you agree that any ideas, suggestions, concepts, processes or techniques which you provide to ThemeMockup related to the Service or ThemeMockup or its business (“Feedback”) are and will be ThemeMockup’s exclusive property without any compensation or other consideration payable to you by ThemeMockup, and you do so of your own free will and volition. ThemeMockup may or may not, in its sole discretion, use or incorporate the Feedback in whatever form or derivative ThemeMockup may decide into the Service or its business or other products. You hereby assign all rights on a worldwide basis in perpetuity to ThemeMockup in any Feedback and, as applicable, waive any moral rights.
ThemeMockup retains the right to use or share any Aggregated Data generated by anyone using the Service, including our users, for the purpose of enhancing and providing the Service. “Aggregated Data” means data does not contain personal information and which has been manipulated or combined to provide generalized, anonymous information. Where you choose to utilize or connect certain services from third parties with the Service, you agree that ThemeMockup may share your lead data with such designated third parties. You are still responsible for any and all personal information that is part of any Content.
Changes. ThemeMockup reserves the right, at its sole discretion, to modify or replace any part of the Terms. It is your responsibility to check the Terms periodically for changes. Your continued use of or access to the Service following the posting of any changes to the Terms constitutes acceptance of those changes. ThemeMockup may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall be subject to the Terms.
Termination. ThemeMockup may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate the Terms or your Account (if you have one), you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties. Your use of the Service and all Content forming part of or related to the Service, including any Content you upload or submit and any third party software and Content, are at your sole responsibility and risk. The Service are provided on an “as is” and “as available” basis. ThemeMockup expressly disclaims all representations, warranties, or conditions of any kind with respect to the Service, whether express or implied, including, but not limited to, any implied warranties or conditions of merchantability, fitness for a particular purpose, accuracy, completeness, performance, system integration, quiet enjoyment, title, and non-infringement.
Indemnification. You agree to indemnify, defend, and hold harmless ThemeMockup, and its subsidiaries, affiliates, co-branders, all third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives (together, the “Indemnified Parties”), from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys’ fees) (collectively and individually, “Claims”) incurred by or made against the Indemnified Parties in connection with any Claims arising out of or relating to the Terms, the Service, including but without limitation in relation to: (a) your use, non-use or misuse of, or connection to the Service and any Content; (b) your violation or alleged violation of the Terms; and (c) your violation of any rights, including intellectual property rights, of a third party and otherwise as set out herein. ThemeMockup reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify ThemeMockup and you agree to cooperate with ThemeMockup’s defense of these Claims. You agree not to settle any matter without the prior written consent of ThemeMockup. ThemeMockup will use reasonable efforts to notify you of any such Claims upon becoming aware of it.
If any portion of the Terms is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, the Terms as a whole will not be deemed unlawful, void or unenforceable, but only that portion of the Terms that is unlawful, void or unenforceable will be stricken from the Terms.
You agree that the Terms are specifically enforceable by ThemeMockup through injunctive relief and other equitable remedies without proof of monetary damages.
You agree that if ThemeMockup does not exercise or enforce any legal right or remedy which is contained in the Terms (or which ThemeMockup has the benefit of under any applicable law), this will not be taken to be a formal waiver of ThemeMockup’s rights and that those rights or remedies will still be available to ThemeMockup.
The Terms are the entire agreement between us related to the subject matter in the Terms. The Terms replace and supersede any other prior or contemporaneous agreement, representation or discussion, oral or written, and may not be changed except in writing signed by us, regardless of whether or not the parties act under an unsigned “electronic” agreement or rely on such an unsigned agreement.
Contacting ThemeMockup. You may contact ThemeMockup by email at hello@ThemeMockup.com.