Terms of service
Terms & Conditions
A. Scope of application
These General Terms and Conditions (GTC) apply to the use of the Mockup.Maison Website (hereafter referred to as “Website”). They also apply to the conclusion, content and processing of the purchase of mockups via this Website. These general terms and conditions become part of the contract by visiting the Website and, with regard to the purchase of mockups, by the User clicking on the “I ACCEPT TERMS AND CONDITIONS” checkbox. If the User purchases mockups directly from MM, MM shall provide them with the GTC prior to the conclusion of the contract. In this case, the User accepts these GTC by subsequently purchasing the mockups.
MM and the User may only deviate from these GTC by explicit agreement.
MM Resources GmbH
Hereafter referred to as “MM”.
Any natural person who accesses services or obtains licenses provided by MM for personal use.
A photograph with goods / environments etc. designed to showcase User’s designs, improve presentations or can be used on websites, social media etc. mockups can hereafter also be referred to as “content”.
Any legally binding or contractual relationship between MM and User.
C. General Information
1. Content of the Website
On the Website, the User can view mockups offered by MM. The Website is hosted on Shopify Inc. (www.shopify.com) and Shopify provides MM with the online e-commerce platform.
2. Ownership of the content
Unless where otherwise specified or clearly recognizable, all content available on this Website is owned or provided by MM or its licensors. MM undertakes its utmost effort to ensure that the content provided on this Website infringes no applicable legal provisions or third-party rights.
MM holds and reserves all intellectual property rights for any content.
In particular, the User may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on this Website or any portion of the Website without permission of MM, nor allow any third party to do so through the User or their device, even without the User’s knowledge.
3. Access to external resources
Through this Website the User may have access to external resources provided by third parties. This concerns in particular the purchasing process including payment in case the User purchases mockups. The User acknowledges and accepts that MM has no control over such resources and Is therefore not responsible for their content or availability. Conditions applicable to any resources provided by third parties result from each such third parties’ terms and conditions. The User also acknowledges and agrees that MM provides access to the external resources “as is” and “as available” without any warranties.
D. Purchase of mockups and License
Through our Website, the User can select various mockups, for example, to showcase their own products and services, visually enhance presentations, etc. The User can purchase the selected mockups with the appropriate license and then edit them with Photoshop. The entire purchasing process and the licenses are described below.
2. Purchasing Process
- User must indicate the desired mockup by selecting it, including, where possible, quantity and specific characteristics and type of license, to make it appear in the purchase selection.
- Where provided, User may suggest a fair price departing from an initial, fixed threshold (“pay what you want” pricing).
- The User has the possibility to enter additional information for the invoice like VAT-number, remarks etc.
- The User has to accept these GTC.
- By clicking on the checkout button, the User will get to the Checkout Page, where they can create an account or checkout as a guest.
- During the purchasing process, the User may, at any time, modify, correct or change the information provided, and add a gift card, referral code or discount code or altogether abort the purchasing process with no consequence.
- To complete the purchasing process, the User has to introduce their contact and billing information and choose one of the available payment methods.
- After having provided all the required information, the User must review the order and, subsequently, confirm and submit it by using the relevant button or mechanism on this Website and committing to pay the agreed-upon price.
- Upon submission of the order, the User will receive an email as a confirmation that the order has been received and access to the mockups via Dropbox or Google Drive link. The User will also receive the invoice in a separate email.
3. Conclusion of contract
Through submitting an order, the User concludes a contract with MM. This creates for the User the obligation to pay the price, taxes and possible further fees and expenses, as specified on the order page. In case the purchased mockups or the execution of the contract require active input from the User, such as the provision of personal information or date, specifications or special wishes, the order submission creates an obligation for the User to cooperate accordingly.
All notifications related to the described purchasing process hall be sent to the email address provided by the User for such purposes.
Prices on the Website are displayed either exclusive or inclusive of any applicable fees, taxes and costs, depending on the section the User is browsing.
The User will be informed during the purchasing process and before order submission about any fees, taxes and costs that they will be charged.
5. Special offers and discounts
a. Bundles and collections
MM may offer bundles and collections at special prices. Any such offer shall always be subject to eligibility criteria and the terms and conditions set out in the corresponding section of the Website. Such offers are always granted at MM’s sole discretion.
b. Discount codes
In individual cases, MM offers the User a code for discounts. MM informs the User what type and amount of discount the User receives and whether the discount is limited in time. Any such offer shall always be subject to eligibility criteria and are always granted at MM’s sole discretion.
If breach of the conditions applicable to discount codes occurs, MM can legitimately refuse to fulfil its contractual obligations and expressly reserves the right to take appropriate legal action to protect its rights and interests.
Notwithstanding the provisions below, any additional or diverging rules applicable to using the discount codes displayed in the corresponding information page or on the physical discount code itself shall always prevail.
- Each discount code is only valid when used in the manner and within the timeframe specified on the Website and/or email accompanying the discount code;
- A discount code may only be applied, in its entirety, at the actual time of purchase – partial use is not permitted;
- Unless otherwise stated, single-use discount codes may only be used once per purchase and therefore may only be applied a single time even in cases involving instalment-based purchases;
- Discount codes cannot be applied cumulatively;
- The discount code must be redeemed exclusively within the time specified in the offer. After this period, the discount code will automatically expire, precluding any possibility for the User to claim the relevant rights, including cash-out;
- The User is not entitled to any credit/refund/compensation if there is a difference between the value of the discount code and the redeemed value;
- The discount code is intended solely for non–commercial use. Any reproduction, counterfeiting and commercial trade of the discount code is strictly forbidden, along with any illegal activity related to the purchase and/or use of the discount code.
If the User wishes, for example, a larger quantity of mockups or an Individual License (see Clause E.4 below), they may contact MM directly and the parties may negotiate an individual offer. Unless the individual offer expressly deviates from these GTC, these GTC shall also apply to the individual offers and licenses.
6. Payment methods
If the User has concluded an individual contract with MM with an Individual license, MM shall issue an invoice to the User, which the User shall pay within 10 days.
If payment through the available methods fail, MM shall be under no obligation to fulfil the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the User.
8. Right of withdrawal
a. In general
Without prejudice to any applicable statutory rights, MM grants Consumers based in the European Union the right to cancel the purchase and obtain a refund, within 14 days from the day on which the contract was entered into.
Consumer must fill in the provided form and submit it to MM (see Clause P below) or send MM an unequivocal statement of their intention to withdraw from the contract to exercise their right of withdrawal. MM shall refund the price of the mockups purchased using the same payment method as the original transaction. Not only will Consumer no longer have access to the purchased service but their license to use the mockups is retroactively revoked. Consumer is obligated to delete all digital and destroy all physical copies of services, goods etc. where they had used the mockups.
The right of withdrawal does not apply to contracts for the supply of digital content which is not supplied on a tangible medium if the performance has begun with the Consumer’s prior express consent and with their acknowledgement that their right of withdrawal is thereby lost.
The right of withdrawal does not apply to contracts for the supply of goods made to the Consumer’s specifications or otherwise clearly personalised.
E. Intellectual property rights
1. General provisions
All of the licensed content and all the content on the Website is owned by MM and all rights not expressly granted in this agreement are reserved by MM.
All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with this Website are, and remain, the exclusive property of MM or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.
2. Standard License
- Perpetual, meaning there is no expiration or end date on your rights.
- Non-exclusive, meaning that MM can license the same content to other Users.
- Unlimited for an infinite number of projects.
- Non-transferable and not sublicensable (see Clause 6 below).
The Standard License is valid for the User’s client and personal projects such as Corporate Presentations, their own Website, and their own Social Media.
The User with a Standard License may not use the mockups for
- Products for Resale
- Digital Advertisement
- Electronic Templates
- Print Runs
For these uses the User needs to obtain a Commercial License or an Individual License (see Clauses 3 and 4 below)
3. Commercial License
With the purchase of a Commercial License the User obtains additionally the following rights:
a. Products for Resale and Print Run
Use of the mockups in connection with any goods or services intended for resale or distribution where the primary value lies in the content itself including, without limitation, cards, stationery items, paper products, calendars, apparel items, posters (printed on paper, canvas, or any other media), DVDs, CDs, LPs, mobile applications or other items for resale, license or other distribution for profit. This includes “on demand” products (meaning products in which content is selected by a third party for customization on such products on a made-to-order basis), including, without limitation, postcards, mugs, t-shirts, posters and other items.
Included in the Commercial License are up to 250,000 instances in total. Physical products can be:
- postcards, greeting cards or other cards, stationery, stickers and paper products; or
- posters, calendars or other similar publications, mugs or mousepads; or
- t-shirts, sweatshirts, or other apparel, games, toys, entertainment goods like CDs or DVDs, framed or mounted artwork; unlimited for electronic products.
- reproductions of the content in physical print form not mentioned above.
The User may use mockups for digital online advertising within paid placement or promotional or marketing content in mobile and desktop applications for an unlimited number of impressions.
The User may use mockups in their electronic or digital templates intended for resale or other distribution (for example, website templates, business card templates, electronic greeting card templates, brochure design templates). However, the mockups may not be removed from the templates and given to third parties as stand-alone. MM’s consent via an Individual License remains reserved.
The use of the mockups with a Commercial License is limited to one project.
4. Individual License
If the User intends to use mockup for other purposes than mentioned above or if the User wants to obtain a large number of mockups they can contact MM directly and negotiate an individual purchase with an Individual License.
MM offers several types of Subscription options. The User can purchase a Standard License for personal and client projects, for an unlimited number of projects for the duration of one year. The subscription model is limited to the amount of employees of a company which is defined in the product description.
6. Restricted Uses
The restrictions listed below always apply and are independent of the license purchased by the User.
The User may not use mockups in a pornographic, racist, homophobic, transphobic, sexist, defamatory or in any unlawful manner or in violation of any applicable regulations or industry codes or for products related to such manner. Furthermore, the User may not be use content in projects or for clients that actively or passively aim to limit the rights of displaced persons, people with disabilities or human rights in general.
The User may not use mockups (in whole or in part) as the distinctive or distinguishing feature of a trademark, design mark, trade name, business name, service mark, or logo. Additionally, you shall not be entitled to register (in any jurisdiction) such content (in whole or in part) as a trademark or rely on any such registrations, prior use, and/or accrued goodwill to prevent any third party use of the content or any similar content (including by MM or MM’s customers).
c. False Representation of Authorship
The User may not represent that they are the original creator of an end use that is made up largely of licensed content.
d. Immutable Digital Assets
The User may not use any items of content in connection with an immutable digital asset intended for sale (such as a non-fungible token).
7. License transfer and sublicensing
The User as license holder under this Clause (i.e. E. Intellectual property rights) is determined based on the User’s billing address in accordance with the receipt received by MM’s payment supplier or the invoice issued by MM.
The rights granted to the User are non-transferable and non-sublicensable with the following exceptions:
If the User is purchasing on behalf of their employer or client, then their employer or client can use the mockups. In that case, the User represents and warrants that they have full legal authority to bind their employer or client to the terms of this agreement. If the User does not have that authority, then their employer or client may not use the content.
The User may allow subcontractors (for example, printer or mailing house) or distributors to use mockups in any production or distribution process related to the User’s final project or end use. These subcontractors and distributors may not use the mockups for any other purpose.
8. Validity of License
The license enters into force with the acceptance of these GTC and after full payment of licensing fee.
9. Termination / Withdrawal
If any licensed content is subject to a claim of infringement of a third party’s right MM may require the User to cease using the mockups, delete or destroy any copies; and ensure that the User’s clients, distributors and/ or employer do likewise.
Upon reasonable notice, the User agrees to provide to MM sample copies of projects or end uses that contain licensed mockups, including by providing with free of charge access to any pay-walled or otherwise restricted access website or platform where content is reproduced. In addition, upon reasonable notice, MM may, at their discretion, either through their own employees or through a third party, audit the User’s records directly related to this agreement and the User’s use of licensed content in order to verify compliance with the terms of this agreement. If any audit reveals a violation of the scope of the purchased license, then in addition to paying MM the amount of the lost license compensation to MM with a surcharge of 100%, the User also agrees to reimburse MM for the costs of conducting the audit. Where MM reasonably believes that content is being used outside of the scope of the license granted under this agreement, the User agrees, at MM’s request, to provide a certificate of compliance signed by an officer of the User’s company, in a form to be approved by MM.
G. Electronic storage and distribution
The User agrees to retain the copyright symbol, the name of MM, the mockup’s identification number and any other information that may be embedded in the electronic file containing the original mockups, and to maintain appropriate security to protect the mockups from unauthorized use by third parties. The User may make one (1) copy of the mockups for back-up purposes.
H. Service interruption
1. Interruption during Website access
To ensure the best possible service level, MM reserves the right to interrupt the Service / Website for maintenance, system updates or any other changes, informing the User appropriately.
Within the limits of law, MM may also decide to suspend or terminate the Service altogether. If the Service is terminated, MM will cooperate with the User to enable them to withdraw Personal Data or information in accordance with applicable law.
Additionally, the Service might not be available due to reasons outside MM’s reasonable control, such as “force majeure” (e.g. labour actions, infrastructural breakdowns or blackouts etc).
2. Interruption during download of mockups
If the Service is interrupted during the download of mockups and the interruption is within the control of MM, MM shall ensure that the User receives and can use the acquired mockups within a reasonable period of time.
I. Data Protection
MM warrants to be the sole owner of copyright to the licensed mockups and that said mockups do not infringe any third party rights.
While mockups on this Website are presented with the greatest accuracy technically possible, representation on this Website through any means (including, as the case may be, graphic material, images, colours, sounds) is for reference only and implies no warranty as to the characteristics of the purchased mockup.
MM shall only be liable for damages incurred by the User as a result of the use of this Website or the acquired mockups in the event of intentional and grossly negligent causation. Liability shall in any case be limited to compensation for direct damage and to a maximum of the total amount of the contractually agreed remuneration.
MM’s liability for pure financial losses, in particular loss of data, as well as for consequential and/or reflex damages such as loss of profit, loss of earnings or production as well as loss of data - irrespective of their legal basis - is expressly excluded to the extent permitted by law.
Liability for employees and auxiliary persons called in is excluded by MM to the extent permitted by law.
Through this Website the User may have access to external resources provided by third parties. The User acknowledges and accepts that MM has no control over such resources and is therefore not responsible for their content and availability. Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.
2. Rights infringement
MM reserves the right to take any appropriate measure to protect its legitimate interests including by denying the User access to this Website or the Service, terminating contracts, reporting any misconduct performed through this Website or the Service to the competent authorities – such as judicial or administrative authorities - whenever the User engages or is suspected to engage in any of the following activities: violate laws, regulations and/or these Terms; infringe any third party rights; considerably impair MM’s legitimate interests; offends MM or any third party.
L. Change of these GTC
MM reserves the right to amend or otherwise modify these GTC at any time. In such cases, MM will appropriately inform the User of these changes.
Such changes will only affect the relationship with the User for the future and MM specify the date by which the modified GTC will enter into force.
The continued use of the Website and new purchase of mockups will signify the User’s acceptance of the revised GTC. If Users do not wish to be bound by the changes, they must stop using the Website.
M. Transfer of the agreement
MM may assign this agreement, without notice or consent, to any corporate affiliate or to any successor in interest.
N. Severability clause
Should any provision of this agreement be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
O. Governing law and Forum
To the extent permitted by law, Swiss law shall apply to these GTC.
To the extent permitted by law, the exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of Switzerland.
P. Example withdrawal form for Consumersd
O. Entry into force
The GTC enter into force on September 2022.