Terms and Conditions

Welcome to bluemockups.com (“Website”). The Website is owned and controlled by BLUE MOCKUPS (We/Us/Blue Mockups), a sole proprietorship/partnership conducting business under the laws of India having its principal place of business at A-403, Shivalik Appt, Ahmedabad, Gujarat. Your use of the Website shall be governed in accordance with this Terms of Use (“Agreement”) along with the Privacy Policy, as modified and amended from time to time.

This Agreement is an electronic record in the form of an electronic contract formed under the Information Technology Act, 2000 and rules made thereunder and the amended provisions pertaining to electronic documents/records in various statutes as amended by the Information Technology Act, 2000. This Agreement does not require any physical, electronic, or digital signature.

APPLICABILITY OF THIS AGREEMENT

THIS AGREEMENT IS A LEGALLY BINDING DOCUMENT BETWEEN YOU ANDBLUE MOCKUPS. BY USING THE WEBSITE, ITS SERVICES, AND FEATURES, YOU ARE ACKNOWLEDGING, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THESE TERMS AND CONDITIONS, WHETHER YOU HAVE READ THE SAME OR NOT;

This Agreement is subject to revision byBLUE MOCKUPS at any time. The revised Agreement shall be made available on the Website. You are requested to regularly visit the Website to view the most current terms contained in this document. Your continued use of the Website, following such changes, will constitute your acceptance of those changes.

ABOUT US

The Website is a digital platform that has existence on the World Wide Web. The Website is engaged in providing graphic designing services (“Mockups”) for various kinds of packaging (“Services”). By subscribing to our Services, either free or paid, you agree to:

• Provide current, complete, and accurate information about yourself as prompted to do so by the Website;
• To maintain and update the above information as required and submitted by you with the view to maintain the accuracy of the information being current and complete.

ELIGIBILITY TO USE

You represent that you are of legal age to form a binding contract and are not a person barred from receiving information under the laws as applicable in India. Notwithstanding the foregoing, if you are below the age of eighteen (18) years, please read through this Agreement with your parent or legal guardian, and in such a case this Agreement shall be deemed to be a contract between BLUE MOCKUPS and your legal guardian or parent and to the extent permissible under applicable laws, enforceable against you.

BLUE MOCKUPS reserves the right to refuse access to use the Website to any new users or to terminate access already granted to you at any time without according any reason for doing so.

You shall not have more than one active Account (defined below) on the Website. Additionally, you are prohibited from selling, trading, or otherwise transferring your Account to another person.

SECURITY

You may access and use the Website as a guest user wherein you can submit your inquiry and BLUE MOCKUPS’s team shall get back to you regarding your requirements. Your provision of, andBLUE MOCKUPS’s collection, storage, use, disclosure and otherwise dealing of such personal information shall be governed byBLUE MOCKUPS’s Privacy Policy.

YOUR ACCOUNT

To availBLUE MOCKUPS’s Services, you may be required to create an account on the Website (“Account”). You agree to furnish all the requisite details and information thatBLUE MOCKUPS may request at the time of the creation of an account and thereafter. You shall be responsible for maintaining the confidentiality of all such information furnished toBLUE MOCKUPS including without limitation, login credentials, password etc. You agree to (a) immediately notifyBLUE MOCKUPS of any unauthorized use of your Account Information or any other breach of security, and (b) ensure that you exit from your Account at the end of each session.BLUE MOCKUPS cannot and will not be liable for any loss or damage arising from your failure to comply with this section. You may be held liable for losses incurred byBLUE MOCKUPS or any other user of or visitor to the Website due to the authorized or unauthorized use of your Account as a result of your failure in keeping your Account Information secure and confidential.

You further declare and affirm that all the details provided toBLUE MOCKUPS by you are correct and true to the best of your knowledge and belief. If any information provided by you is incorrect, illegal, or against the provisions of any laws,BLUE MOCKUPS shall have the right to terminate this Agreement and deactivate your account on the Website.

If anyone other than yourself accesses your Account, they may perform any actions available to you, make changes to your Account, and accept any legal terms available therein, make various representations and warranties, and more – and all such activities will be deemed to have occurred on your behalf and in your name.

You may request closure of the account at any time by clicking on the “Deactivate your account” button. Your account will be deactivated.

USER OBLIGATIONS

BLUE MOCKUPS grants you a non-exclusive, non-sub-licensable, non-transferable, revocable, and limited right to access and use this Website.

You agree not to access (or attempt to access) the Website by any means other than through the interfaces that are provided byBLUE MOCKUPS. You shall not use any deep-link, robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or in any way reproduce or circumvent the navigational structure or presentation of the Website, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.

When you use the Website, you specifically undertake not to use the Website or to host, display, upload, modify, publish, transmit, update or share any information that:

1. belongs to another person and to which you do not have any right to;
2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnical objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
3. harms minors in any way;
4. impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
5. threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting of any other nation;
6. infringes any patent, trademark, copyright or other proprietary rights;
7. contain software viruses or any other computer code, files or programs designed to interrupt destroy or limit the functionality of any computer resource;
8. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
9. engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
10. attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any BLUE MOCKUPS server, or to any of the Services offered on or through the Website, by hacking, password mining or any other illegitimate means;
11. probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website;
12. disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
13. use the Website for any purpose that is unlawful or prohibited by the Agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of BLUE MOCKUPS or other third parties;
14. falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
15. violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
16. violate any applicable laws or regulations for the time being in force within or outside India;
17. violate the terms of the Agreement.

You agree that you are solely responsible to BLUE MOCKUPS and to any third party for any breach of your obligations under this Agreement or other Agreements and for the consequences (including any loss or damage whichBLUE MOCKUPS or its affiliates or its vendors may suffer) for any such breach.

COPYRIGHT NOTICE

AllBLUE MOCKUPS Mockups available on our Website is subject to our copyright notice available at Copyright Notice and is incorporated in this Agreement by way of reference.

INTELLECTUAL PROPERTY RIGHTS

The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, Mockups (in their original form before customizations), user interfaces, visual interfaces, and computer code (collectively, the “Content“) on the Website is owned and controlled byBLUE MOCKUPS or its licensors and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. Through your use of the Website, by no means are any rights impliedly or expressly granted to you in respect of such Content as otherwise mentioned in this Agreement.BLUE MOCKUPS reserves the right to change or modify the Content from time to time at its sole discretion. 

The trademarks, logos, and service marks displayed on the Website (“Marks“) are the property of Blue Mockups or respective third parties. You are not permitted to use the Marks without the prior consent ofBLUE MOCKUPS or the third party that may own the Marks.

Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned,BLUE MOCKUPS owns all intellectual property rights to and into the trademark ”BLUE MOCKUPS “, and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. Except as expressly provided herein, you acknowledge and agree that you shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization fromBLUE MOCKUPS or thirty party owner of such Content.

DISCLAIMER OF WARRANTIES & LIABILITY

The Website, Services, and any Content are provided byBLUE MOCKUPS on an “as is” basis without warranty of any kind, express, implied, statutory, or otherwise.

To the maximum extent permitted by applicable law, Blue Mockups will have no liability related to any Content that you purchase and/or create arising under intellectual property rights, libel, privacy, publicity, obscenity, or other laws.BLUE MOCKUPS also disclaims all liability with respect to the misuse, loss, modification, or unavailability of any Content. 

You expressly understand and agree that to the maximum extent permitted by applicable lawBLUE MOCKUPS will not be liable for any loss that you may incur as a consequence of unauthorized use of your Account or Account information in connection with the Website or any Services, either with or without your knowledge.BLUE MOCKUPS has endeavored to ensure that all the information on the website is correct, butBLUE MOCKUPS neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, or service.BLUE MOCKUPS shall not be responsible for the delay or inability to use the Website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities, and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise. Further,BLUE MOCKUPS shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyondBLUE MOCKUPS’ control. The User understands and agrees that any material or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data.BLUE MOCKUPS is not responsible for any typographical error leading to an invalid coupon.BLUE MOCKUPS accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.

INDEMNIFICATION

You agree to indemnify, defend and hold harmlessBLUE MOCKUPS, its subsidiaries, affiliates, vendors, agents, and their respective directors, officers, employees, contractors, and agents (hereinafter individually and collectively referred to as “indemnified parties“) from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with your breach of this Agreement.

Notwithstanding anything to contrary in the Agreement(s), in no event shallBLUE MOCKUPS, its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers be liable to You for any special, incidental, indirect, consequential, exemplary, or punitive damages whatsoever, including those resulting from i) violation or infringement of any copyright of any third parties where the Mockups have been customized and created by you using the Website; ii) loss of use, data or profits, whether or not foreseeable or whether or notBLUE MOCKUPS has been advised of the possibility of such damages, iii) any other claim arising out of or in connection with your use of or access to the Website.

TERM AND TERMINATION

The Agreement will continue to apply until terminated by either you orBLUE MOCKUPS as set forth below. If you want to terminate your agreement withBLUE MOCKUPS, You may do so by clicking on the “Deactivate your account” button.

You agree thatBLUE MOCKUPS may, in its sole discretion and without prior notice, terminate your access to the Website and block your future access to the Website ifBLUE MOCKUPS determines that you have violated the terms of this Agreement.

BLUE MOCKUPS may, at any time, with or without notice, terminate this Agreement with You if:

• BLUE MOCKUPS is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful), or upon request by any law enforcement or other government agencies;
• BLUE MOCKUPS has elected to discontinue, with or without reason, access to the Website, or;
• In the event BLUE MOCKUPS faces any unexpected technical issues or problems that prevent the Website from working;
• Notwithstanding the foregoing, these such terms of this Agreement as are meant to survive termination / expiry of this Agreement, will survive indefinitely unless and until BLUE MOCKUPS chooses to terminate them.

CONSENT AND PRIVACY

By using the Website and/or by providing your information, you consent to the collection and use of such information disclosed by you on the Website byBLUE MOCKUPS. The personal information/data including but not limited to the Information provided by you to the Website/BLUE MOCKUPS shall at all times be treated in accordance with our Privacy Policy which is incorporated herein by reference and applicable laws and regulations including but not limited to Information Technology Act, 2000 and rules there under.

GRIEVANCE REDRESSAL MECHANISM

In case of any grievance, objection, or complaint on your part with respect to the Website and your usage thereof, including any complaints, you should promptly raise such grievance or complaint with the designated Grievance Officer at Ahmedabad GO and provide with all necessary information and/or documents to enable the Grievance Officer to resolve the issue.

GOVERNING LAW AND JURISDICTION

This Agreement and all transactions entered into on or through the Website and the relationship between you andBLUE MOCKUPS shall be governed in accordance with the laws of India without reference to conflict of laws principles.

You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, this Agreement, or any transactions entered into on or through the Website or the relationship between you andBLUE MOCKUPS shall be subject to the exclusive jurisdiction of the courts at Ahmedabad, Gujarat, India and You hereby accede to and accept the jurisdiction of such courts. Each party hereby irrevocably waives any objection which such party may now or hereafter have to the laying of improper venue or forum non-convenient. Each party agrees that a judgment in any such action or proceeding may be enforced in other jurisdictions by suit on the judgment or in any manner provided by law. Any and all service of process and any other notice in any such suit, action, or proceeding with respect to this Agreement shall be effective against a party if given as provided herein.

COMMUNICATIONS

When you use the Website or generate an inquiry or contact us or make communication withBLUE MOCKUPS, You agree and understand that you are communicating withBLUE MOCKUPS through electronic records and you consent to receive communications via electronic records fromBLUE MOCKUPS periodically and as and when required.BLUE MOCKUPS will communicate with you by email or on your mobile number which will be deemed adequate service of notice / electronic record to the maximum extent permitted under any applicable law.

GENERAL PROVISIONS

Notice: All notices with respect to this Agreement will be served to you by email provided by you at the time of registration or by general notification on the Website. Any notice provided toBLUE MOCKUPS pursuant to this Agreement should be sent at legal@bluemockups.com.

Assignment: You cannot assign or otherwise transfer any rights granted hereunder or any obligations, to any third party, and any such assignment or transfer or purported assignment or transfer shall be void ab initio.BLUE MOCKUPS’ rights and/or obligations under the Agreement are freely assignable or otherwise transferable byBLUE MOCKUPS to any third parties without the requirement of seeking your prior consent.

Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Agreement shall continue in full force and effect.BLUE MOCKUPS may amend in a reasonable manner such provision to make it enforceable and such amendment will be given effect in accordance with the amendment terms of these Terms of Use.

Waiver: Any failure or delay by a party to enforce or exercise any provision of the Agreement, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party’s rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these Terms of Use or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.

Relationship: You andBLUE MOCKUPS are independent contractors, and nothing in this Agreement will be construed to create a partnership, joint venture, association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between you andBLUE MOCKUPS.

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