Mockfire Technologies FZE. (“Mockfire”, “our”, “us” or “we”) provides the Mockfire website and application.
The following terms and conditions govern all use of the mockfire.com website, all content, services and products available at or through the website. The Website is owned and operated by Mockfire Technologies FZE. (“Mockfire”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Mockfire, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old (16 years for individuals from EU).
1. Your Mockfire Account and Site
If you create an account on the Website, you are responsible for maintaining the security of your account and its content, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Website. 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 Mockfire may change or remove any content or photos that it considers inappropriate or unlawful, or otherwise likely to cause Mockfire’s liability. You must immediately notify Mockfire of any unauthorized uses of your account and any other breaches of security. Mockfire 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.
2. Responsibility of Users
If you operate an account post mockups to the Website (via the “publish” feature), you are entirely responsible for the content of, and any harm resulting from, that Content. By making Content available, you represent and warrant that:
1. 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;
2. if your employer has rights to intellectual property you create, you have their (i) received permission from your employer to post or make available the Content.
3. 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;
4. the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
3. Content Posted on Other Sites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which we link, and that link to us. Mockfire does not have any control over those non-Mockfire websites and webpages, and is not responsible for their contents or their use. By linking to a non-Mockfire website or webpage, Mockfire 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, worms, Trojan horses, and other harmful or destructive content. Mockfire disclaims any responsibility for any harm resulting from your use of non-Mockfire websites and webpages.
4. Copyright Infringement and DMCA Policy
As Mockfire 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 Mockfire violates your copyright, you are encouraged to notify Mockfire in accordance with Mockfire’s Digital Millennium Copyright Act (“DMCA”) Policy.
Mockfire will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Mockfire 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 Mockfire or others. In the case of such termination, Mockfire will have no obligation to provide a refund of any amounts previously paid to Mockfire.
Mockfire reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Mockfire may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Mockfire may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Mockfire account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a Paid Services account, such account can only be terminated by Mockfire if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Mockfire’s notice to you thereof; provided that, Mockfire can terminate the Website immediately as part of a general shut down of our service. 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.
7. Disclaimer of Warranties
The Website is provided “as is”. Mockfire 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 Mockfire nor its suppliers and licensors, makes any warranty that the Website 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, the Website at your own discretion and risk.
8. Limitation of Liability
In no event will Mockfire 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 Mockfire under this agreement during the twelve (12) month period prior to the cause of action. Mockfire 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.
9. General Representation and Warranty
You agree to indemnify and hold harmless Mockfire, 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 the Website, including but not limited to your violation of this Agreement.