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/ )
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.
Our Services are not directed to children younger than 18, and access and use of our Services is only offered to users 18 years of age or older. If you are under 18 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 18 years of age or older. Use of our Services requires a mockup3d.com account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.
Mockup 3D Intellectual Property Mockup 3D remains the sole owner of all right, title and interest to technology and intellectual property developed by Mockup 3D including, but not limited to the software, design, logos, 3D models and marks except where otherwise indicated. This does not include user created content.
General Terms. Paid services such as removing watermarks and allowing more scenes are available (any such services, a "Subscription"). By selecting a paid you agree to pay Mockup 3D the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Subscription and will cover the use of that service for a monthly or annual subscription period as indicated.
Automatic Renewal. Unless you notify Mockup 3D before the end of the applicable subscription period that you want to cancel an Subscription, your Subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you.
Canceling. Subscriptions can be canceled at any time in the your account page or by emailing [email protected]
Fee Changes. Mockup 3D in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. Mockup 3D will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount. Mockup 3D may, at its sole discretion keep the fee the same for you while changing it for others.
Refunds. Mockup 3D will consider refunds on a case by case basis and granted at the sole discretion of Mockup 3D.
Access. The Subscriptions should indicate which 3D Models and Services you have access to. If there is any question, please contact us at [email protected]
Responsibility. Our service allows you to upload, post store and make available various graphics, images and other material ("Content"). You are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, or code. Without limiting any of those representations or warranties, Mockup 3D has the right (though not the obligation) to, in Mockup 3D’s sole discretion, (i) reclaim your username due to prolonged inactivity, (ii) refuse or remove any content that, in Mockup 3D’s reasonable opinion, violates any Mockup 3D policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of mockup3d.com to any individual or entity for any reason. Mockup 3D will have no obligation to provide a refund of any amounts previously paid.
Ownership. You retain all rights and ownership of your Content.
License to your Content. We require certain licenses from you to your content in order to operate the Services. You hereby grant Mockup 3D a limited, non-exclusive, royalty-free, worldwide license to use the Content and perform all acts with respect to the Content as may be necessary for Mockup 3D to provide the Services to you.
Attribution. Mockup 3D reserves the right to display attribution text or watermarks in your scene displays, attributing mockup3d.com , for example. Attribution text or watermarks may only be hidden if you are subscribed to a mockup3d.com plan.
Deleting. If you delete Content, Mockup 3D will use reasonable efforts to remove it from mockup3d.com, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
General. The Services provide functionality that allows you to create images ("Renderings") from 3D models and web pages ("Pages") that may include 3D models or Renderings of 3D models. Renderings include both images created by the website code and any screen captures, or screenshots you take.
Resale and Templates. You may not resell the Renderings or Pages, make them available on stock image sites, or make them available to the public as part of an electronic template.
Sample License. If you have not signed up for a paid subscription that indicates that you can use the the 3D model the Renderings or Pages are from, or the 3D models aren't marked as freely available, you can only use the Renderings or Pages for tests or samples. You may not use these Renderings or Pages for any final or publicly available material.
Full License. If you have signed up for a paid subscription that indicates that you can use the the 3D model the Renderings or Pages are from, or the 3D models are marked as freely available, you have the royalty free, perpetual, worldwide, unlimited right to use the Renderings and Pages in any and all media provided you meet all the terms and conditions laid out in this document, including, but not limited to:
You must have the rights to all the images, graphics, likenesses, trademarks and other intellectual property you have included as part of the Renderings or Pages
You must not use anything obscene, defamatory or otherwise objectionable
You take full and sole responsibility for all your material, including, but not limited to, Content, Renderings and Pages, and how you use them.
Misuse. You must not misuse the site, Services or Content. For example, you must not:
access the site or Services except by means we have authorized
circumvent or attempt to circumvent any access restrictions
make the Services available to anyone who does not have an account on Mockup 3D
reverse engineer or attempt to reverse engineer any code, software or operations of the Services.
download or attempt to download any 3D models or source code
copy, modify, sublicensee or resell the Services or Content
disrupt, inhibit or interfere, or attempt to disrupt, inhibit or interfere with the Services or anyone using the services
allow others to use your account, or use the Services with your account
use any robots, scripts, data mining or extraction methods on the site
upload any content that violates any laws, including intellectual property laws, or that is harmful, threatening, abusive or libelous
violate any applicable law
Responsibility for Content Mockup 3D has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material's content, use or effects. By operating our Services, Mockup 3D does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. 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. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Mockup 3D disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.