1. Acceptance of terms
1.1 You agree to and are bound by the terms and conditions set forth below and in any modified or additional terms that DropMock may publish from time to time (collectively, the "Terms of Use"). If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use this Site.
1.2 DropMock may change these Terms of Use from time to time. Your continued access or use of the Site constitutes your acceptance of such changes. Your access and use of the Site will be subject to the current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. Please regularly check the "Terms of Use" link on the home page of DropMock to view the then-current terms. If you breach any of the Terms of Use, your license to access or use this Site shall automatically terminate.
1.3 We can make changes to the terms of use. On the unlikely occasion that this may happen, all users to the best of our abilities will be informed. Upon purchasing this product, you agree to these terms.
2. Intellectual property limited license to users
2.1 All content on this Site, including but not limited to Images, Video, Music, and related metadata (collectively the “DropMock Content"), as well as the selection and arrangement of the DropMock Content, are protected by copyright, trademark, patent, trade secret and other intellectual property laws and treaties. Any unauthorized use of any DropMock Content violates such laws and this Terms of Use. Except as expressly provided herein or in a separate license agreement between you and DropMock, DropMock does not grant any express or implied permission to use the Site, the Site Services (as hereinafter defined), or any DropMock Content. You agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site or any DropMock Content. In addition, you agree not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the Site or DropMock Content.
2.2 Unless you enter into a license agreement with DropMock you may not download, distribute, display and/or copy any DropMock Content.
2.3 You may not remove any watermarks or copyright notices contained in the DropMock Content unless given access or have White label license.
3. DropMock trademarks
3.1 For the purposes of these Terms of Use, the term, "Trademark(s)" means all common law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by DropMock.
3.2 Nothing contained herein grants or shall be construed to grant you any rights to use any DropMock Trademark, unless expressly conferred by these Terms of Use.
3.3 You agree that you will not use DropMock's Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or DropMock.
3.4 You agree that you will not contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any of DropMock Trademarks or the Trademark rights claimed by DropMock.
3.5 You agree that you will not use any DropMock Trademark or any variant thereof including misspellings) as a domain name or as part of a domain name regardless of the top-level domain, or as a metatag, keyword, or any other type of programming code or data.
3.6 You may not at any time, adopt or use, without DropMock's prior written consent any word or mark which is similar to or likely to be confused with DropMock's Trademarks.
3.7 The look and feel of the DropMock website, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of DropMock and may not be copied, imitated or used, in whole or in part, without the prior written consent of DropMock.
3.8 All other trademarks, product names, and company names or logos used or appearing on the DropMock website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by DropMock, unless expressly so stated.
3.9 You may not use a DropMock trademark, logo, Image or other proprietary graphic of DropMock to link to the DropMock website without the prior written consent of DropMock.
3.10 You may not frame or hotlink to the DropMock website or any Image without the prior written consent of DropMock.
3.11 It is in agreement as well that the rendered mock up should not be used in any immoral activities or posting such as but not limited to derogatory advertising and sexually explicit content renderings.
4. Site services
4.1 Various services are made available to you, pursuant to your use of the Site and DropMock Content licensed thereon (the “Site Services”). Subject to your compliance with these Terms of Use, any applicable license agreement with DropMock, and the law, you may access and use the Site Services. DropMock remains the sole owner of all right, title, and interest in the Site Services and reserves all rights not expressly granted under these Terms of Use. DropMock may modify, replace, or discontinue any Site Services at any time, for any reason, with or without notice, in DropMock’s sole discretion. DropMock provides the Site Services on an "as is" and "as available" basis. DropMock (or third parties acting on its behalf) may collect data related to your use of the Site Services.
4.2 DropMock may make DropMock Content available through the Site Services. You may not use any DropMock Content for any purpose without first obtaining a license to use such DropMock Content. Any use of DropMock Content by you shall be governed by the applicable license agreement separately entered into between you and DropMock. Displaying and/or distributing to the public any watermarked or unlicensed DropMock Content (whether incorporated into a derivative work or alone) constitutes copyright infringement.
4.3 Specific DropMock Services:
4.3.1 What We Provide. The Website allows you to submit (e.g. upload or take a screenshot from any applicable URL) your images, video, content or other data, including, without limitation, audio, visual, audiovisual, text and other elements and materials, in any media or format now known or hereinafter devised, whether physical, electronic, digital, analog or otherwise (collectively, “User Content”) into larger images created, video templates and create scenes based on pre-defined icons developed and owned by DropMock to use for your marketing and advertising purposes. You can access the SERVICES via the Website and/or other designated websites as designated by DropMock. Your use of the SERVICES will be subject to these Terms of Use, DropMock’s privacy policy, additional terms and conditions found on the Website (the “Additional Terms”), and one or more of the following license agreements that are set forth on the Website (each, a “License” and collectively, the “Licenses”), which Licenses can be found on your receipt. It is noted that one purchase is equivalent to one license. The terms and conditions of the Additional Terms and Licenses are hereby incorporated into these Terms of Use by this reference. The Licenses do not ensure that your use of the SERVICES is compliant with any other branded products that are used in DropMock’s images or other digital products. Each Service that is provided will designate which License(s) are applicable to that Service, and upon your use of the Service, you shall be bound by the terms of the applicable License(s) associated therewith.
The “SERVICES” include DropMock’s hosting of online, web-based applications (the “DropMock Applications”), which may include related support and maintenance activities. The “DropMock Applications” means applications supplied by DropMock for your use in connection with the SERVICES, including any optional modules, custom or standard enhancements developed by DropMock, updates and upgrades, and associated offline components.
4.3.2 Free Service. DropMock offers a portion of the SERVICES without charge, provided that you satisfy certain criteria for such free use as determined by DropMock, in its sole discretion (the “Free SERVICES”). You acknowledge and agree that DropMock may, in its sole and absolute discretion, terminate your use of the Free SERVICES or change the eligibility requirements for the Free SERVICES. Free SERVICES pertains to using of templates, adding of images via computer or via the URL grabber, adding text or using the editor, checking the output via image preview but you will not be able to download the mocked up images provided to subscribes to a subscription plan.
4.3.3 Subscription SERVICES. By (i) selecting the applicable subscription plan (each, a “Monthly/Yearly Subscription Plan”) via an online purchase process, and (ii) paying all applicable fees and charges for the SERVICES related thereto, you will have the ability to access all images and videos, do mock up on all images and has the ability to download all mocked up images and videos. DropMock offers a variety Subscription Plans to suit your needs. Any benefits included in a Subscription Plan will be subject to change at any time and from time to time, as determined by DropMock, in its sole discretion.
The term of your use for the SERVICES purchased under a Monthly/Yearly Subscription Plan (the “Subscription SERVICES”) commences on the date that you purchase a Subscription Plan and expires on the last day of the applicable billing cycle after you voluntarily cancel the Subscription Plan (the “Subscription Term”), unless sooner terminated as provided herein. You will maintain the rights to use any images and videos downloaded during your subscription period with the license that was granted to you forever. Each billing cycle for the Subscription SERVICES runs from the date that you purchase a Subscription Plan until the date that is one month thereafter. NOTE THAT SUBSCRIPTION PLANS AUTOMATICALLY RENEW ON A MONTHLY BASIS UNLESS AND UNTIL YOU CANCEL THE SUBSCRIPTION PLAN AS PROVIDED HEREIN. IF YOU FAIL TO SEND THE CANCELLATION NOTICE (by pressing CANCEL on the application) PRIOR TO THE END OF A BILLING CYCLE, YOU WILL BE CHARGED FOR THE NEXT ENTIRE MONTHLY BILLING CYCLE.
4.3.4 One-Time Use. You may also purchase single images using the one-time purchase option on the Website. By (i) selecting image that you wish to purchase (each, a “One-Time Purchase”) via an online purchase process, and (ii) paying all applicable fees and charges for the SERVICES related thereto, you will have the ability to download a single image for your use.
4.3.5 Credit System (this is applicable to Image, Videos and Scene). Rendering is quite expensive especially for videos and it will not be economically viable for the business to have unlimited image/video/scenes downloads. We also need to factor in the production cost of each rendering we are producing. This is the primary reason why we have a credit system. We are also spending on the image, video and icons production month to month to provide you with fresh materials for your campaign. We are also into development to provide added features in the platform. However, all renderings can be previewed at no cost. It is recommended to preview your customized image, video and scenes prior to each download.
Every time you download an image or video, or scenes, credits will be deducted to your account.
Image:
1 credit = 1 SD download
3 credits = 1 HD download
Video:
7 credit = 1 SD download
10 credits = 1 HD download
Scenes:
5 credit = 1 SD download
10 credits = 1 HD download
Audio:
4 credits
If you run out of credits, you can upgrade to either the monthly or yearly plan
Or if you don't want to be upgraded, you can buy credit packs depending on your needs or budget. Here is the pricing structure:
$10.00 for 10 credits
$19.00 for 25 credits
$57.00 for 75 credits
$97.00 for 150 credits
Credit packs can be found at My Profile --> Credits.
In the event that credits were deducted erroneously by the system, credits will be returned back and customers will be notified of such.
4.3.6 Cancellation of monthly subscription affecting credits. Credits are rolled over per month or year depending on your subscription. If you stop paying your additional Design Club monthly subscription, credits can be discontinued at any point in time. Upon cancellation as well, earned credits will be revoked. However, customers will be notified of the revocation and will be given enough time to use the credits.
4.3.7 Rendering Points (applicable to Pitch, Kinetic, Verticals, Canvas and Movezz)- Rendering points are established depending on the plan the customers have availed. It is the discretion of DropMock to decide as to how many rendering points will be available per plan and has the sole discretion to change the rendering points without prior notice as deemed necessary based on justifiable circumstances. One successful video creation is equivalent to one render point and will be deducted on the current rendering points the customer have. It is acknowledged by DropMock that certain modifications are needed for each created video before it will be finally be approved by the customer for final release. DropMock will allow all customers to modify, edit and render their videos within seven days and there will be no deductions on the rendering points.
4.3.8. Development and future products. DropMock is committed to developing further the application by introducing new concept and products. Be reminded that accesses to these new products are not automatic to grandfathered user and it will be under the discretion of DropMock if new products will be sold separately or part of the current package. Full and proper disclose will be provided before the launch of these new products. New products under the umbrella of DropMock will have its own Terms and Condition, Licensing and Copyright Information.
4.3.9. Current products and corresponding marketing. DropMock is constantly evolving. Always refer to the current sales page of DropMock for any latest products, offerings, marketing campaigns, plans and offered subscriptions.
4.3.10. Notes on Fusion Partner offerings (grandfathered account):
4.3.10.1. Customer who availed the Fusion Partner offering will have access to all projects plus all previous and incoming templates. Customer will also enjoy the perks of a PRO account.
4.3.10.2. Any current subscription and future payments will be cancelled since you will now have your all in one deal. Any payment on subscription will not be reimbursed or refunded not unless it is within the 30 days guarantee period.
4.3.10.3 Any special promo purchase such as the Combo, Black Friday Special or BOGO deal will not be reimbursed or refunded and will stay as is.
4.3.10.4. Should you wish cancel or have it refunded, the account will still have access on the main plan or front end the customer have bought previously but will lose the privilege of having the template or PRO plan. However, customer have the option to re-subscribe to the template or PRO plan you wish to have once again.
4.3.10.5. Any templates or renders, credits customer have purchased previously will remain as is.
5. Use of services
5.1 Responsibilities of DropMock. DropMock shall: (i) provide the SERVICES only in accordance with applicable laws and government regulations; (ii) maintain reasonable administrative, physical and technical safeguards for the protection, confidentiality and integrity of any electronic data, video, artwork, screen names, graphics (including logos), photos, profiles, audio (including music), links, software or written content or any other files, or any other information supplied by you or your Users, but excluding any DropMock Applications, templates, sample or demonstration content or files utilized or provided by DropMock as part of the SERVICES; and (iii) use commercially reasonable efforts to restore any lost User Content or images generated from fee-based SERVICES in the event of unavailability due to a failure in the SERVICES, provided that DropMock shall have no liability whatsoever for the loss of any such User Content or images or its failure to restore the same. You may contact DropMock through Support or via Intercom to receive basic support SERVICES for the purchased SERVICES at no additional charge and/or upgraded support if made available by DropMock and purchased by you separately by way of a written agreement between DropMock and you.
You acknowledge and agree that there may be interruptions in your use of the SERVICES including, without limitation, (a) planned downtime (of which DropMock shall endeavor to give at least 8 hours’ notice on its Website, or (b) any unavailability caused by circumstances beyond DropMock’s reasonable control, including without limitation, unusually heavy traffic to the Website, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving DropMock’s employees), Internet service provider failures or delays, or any failures, delays or downtime caused by DropMock’s vendors, including, without limitation, the unavailability or modification by third parties of Third Party Applications. DropMock shall have no liability for any such interruptions from any cause whatsoever.
5.2 Your Responsibilities. You are responsible to ensure that the User Content and any images generated by you and your Users during use of the SERVICES comply with all applicable laws. You shall be responsible for any and all costs associated with your use of the SERVICES and the images generated thereby. You also agree to comply with any privacy policies and any rules or guidelines required by the applicable Third Party Application you run using the DropMock Applications. You understand and agree that DropMock may also be subject to such rules or guidelines, which may in turn condition or limit the features, functions, workflow, look and feel, or content you may use or display.
5.3 Hosting of DropMock Applications. DropMock will host DropMock Applications (except for off-line components or applications) and may update the functionality and user interface of the SERVICES from time to time, in its sole discretion, in an effort to continue to improve the SERVICES and your use of the SERVICES. Certain DropMock Applications or portions of the SERVICES may be subject to limitations not specified herein. Such limitations will be specified in the Licenses, on the Pricing List (as the same may be updated from time to time) or in the Additional Terms.
6. Your content
6.1 For any image, video, text, audio, or any other content that you upload or post to the Site (“Your Content”), including but not limited to the Site Services, you represent and warrant that: (i) you have all necessary rights to submit Your Content to the Site Services and grant the licenses set forth herein; (ii) DropMock will not need to obtain licenses from any third party or pay royalties to any third party with respect to Your Content; (iii) Your Content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) Your Content complies with these Terms of Use and all applicable laws.
6.2 By uploading Your Content, you grant DropMock a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from Your Content for the purpose of allowing you to edit and display Your Content using the Site Services and archiving or preserving Your Content for disputes, legal proceedings, or investigations. The above licenses will continue unless and until you remove Your Content from the Site, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely.
6.3 You may not upload, post, or transmit any video, image, text, audio recording, or other content that:
- Infringes any third party's copyrights or other intellectual property rights or any right of publicity or privacy;
- Contains any pornographic, defamatory, or otherwise unlawful or immoral content.
- Exploits minors;
- Depicts unlawful or violent acts;
- Depicts animal cruelty or violence towards animals;
- Promotes fraudulent schemes or gives rise to a claim of deceptive advertising or unfair competition; or
- Violates any law, statute, or regulation.
7. Infringement claims / DMCA notices
7.1 If you believe that any Image or other material made available by DropMock infringes upon any copyright that you own or control, you may notify DropMock in the manner set forth in our DMCA Copyright Infringement Notice Policy.
8. Limitations
8.1 You agree that you shall not:
- Engage in any conduct that shall constitute a violation of any law or that infringes the rights of DropMock or any third party.
- Violate any applicable laws or regulations related to the access to or use of the Site, or engage in any activity prohibited by these Terms of Use.
- Violate the rights of DropMock or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.
9. Restriction and termination of use
9.1 DropMock may block, restrict, disable, suspend or terminate your access to all or part of the Site, the Site Services, and/or DropMock Content at any time in DropMock's discretion, without prior notice or liability to you. Any conduct by you that, in DropMock’s sole discretion, restricts or inhibits any other person or entity from using or enjoying the Site or the Site Services is strictly prohibited and may result in the termination of your access to the Site or the Site Services without further notice.
10. Links to third-party sites
10.1 In the event that DropMock provides links from its website to any third-party website or permits any third party to link from its website to the DropMock website, you should be aware that DropMock makes no warranty of any kind, express or implied, and accepts no responsibility for any content or practices of such third parties or their websites. Such websites are not under the control of DropMock, and DropMock provides and/or permits these links only as a convenience to you. The inclusion of any link does not imply affiliation, endorsement, or adoption by DropMock.
11. Warranties and disclaimers
11.1 Your use of the Site and the Site Services are at your own risk. The Site and the Site Services, are provided by DropMock under these terms of use "as is" without warranty of any kind, either express, implied, statutory or otherwise. DropMock expressly disclaims any and all warranties of any kind, whether express or implied, to each and any Site Services made available at any time, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, DropMock makes no warranty that: (i) the Site will meet your requirements; (ii) access to the Site will be uninterrupted; (iii) the quality of the Site will meet your expectations; and (iv) any errors or defects in the site, services or materials will be corrected. DropMock makes no representations or warranties that the Site Services will be permitted in your jurisdiction, that the Site Services or your use of the Site Services will be uninterrupted or error-free, that any of Your Content submitted by you will be available through the Site Services or will be stored by the Site Services, that the Site Services will meet your needs, or that DropMock will continue to support any particular feature of the Site Services. To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Site Services, and no warranties shall apply after such period.
12. Personal information and privacy
12.1 DropMock will use and protect your data, such as your name and address, in accordance with the DropMock Privacy Statement, the contents of which are incorporated by reference into these Terms of Use.
13. Indemnification
13.1 You agree to defend, indemnify and hold harmless DropMock, its subsidiaries, affiliates, licensors, employees, agents, third party information providers, Submitters and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your conduct, your use or inability to use Site, the Site Services, your breach or alleged breach of the Website Terms of Use or of any representation or warranty contained herein, your unauthorized use of the DropMock Content, or your violation of any rights of another.
14. Governing law and jurisdiction
14.1 These Terms of Use are governed by and shall be construed in accordance with the laws of United Kingdom. You hereby consent to the personal jurisdiction of the state and federal courts located within such state. All actions, controversies and disputes arising from or relating to these Terms of Use shall be heard and decided exclusively before the courts located United Kingdom and not elsewhere. You agree that service of process in any actions, controversies and disputes arising from or relating to these Terms of Use may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the other party however, nothing herein shall affect the right to effect service of process in any other manner permitted by law. These Terms of Use shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or unenforceability of any part of these Terms of Use shall not affect the validity or enforceability of the balance hereof.
