​​General info

→ For the best experience, use the latest version of Adobe Photoshop.

→ Our prices are displayed excluding VAT.

→ We partner with Stripe to make payments safely. 

→ We only offer a Standard License. For extended use, please contact us.

Licensing at a glance

1. Standard License

   
   Every file/content (mock-up) that is purchased and downloaded from Ostendo.Graphics comes with a Standard License.

1. Scope
   The rights granted to User by Ostendo.Graphics are:

• Perpetual, meaning there is no expiration or end date on your rights. 
• Non-exclusive, meaning that Ostendo can license the same content to other Users.
• Worldwide.
• Unlimited for an infinite number of projects.
• Non-transferable and not sublicensable (see Intellectual property rights Clause 6 below).

Restrictions

User with a Standard License may not use the mock-up for

• Products for Resale
• Digital Advertisement
• Electronic Templates
• Print Runs

For these uses User needs to obtain an Extend License or an Individual License (see Intellectual property rights Clause 3 and Clause 4 below).

General Terms and Conditions

1. Scope of application

   
   These General Terms and Conditions (GTC) apply to the use of the Ostendo.Graphics website (hereafter referred to as “Website”). They also apply to the conclusion, content and processing of the purchase of mock-ups via this Website. These general terms and conditions become part of the contract by visiting the Website and, with regard to the purchase of mock-ups, by the User clicking on the “I ACCEPT TERMS AND CONDITIONS" checkbox. If the User purchases mock-ups directly from Ostendo.Graphics, Ostendo.Graphics 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 mock-ups.
   
   Ostendo.Graphics and the User may only deviate from these GTC by explicit agreement.
   
   

2. Definitions

1. Studio Ostendo

   15181 Wicklow Lane
   Caldwell, ID. 83607
   
   ‍graphics@studioostendo.com
   Hereafter referred to as “Ostendo”.
   
   

2. User

   Any natural person or legal entity visiting or using this Website or purchasing mock-ups via this Website. 
   
   

3. Consumer

   Any natural person who accesses services or obtains licenses provided by Ostendo for personal use.
   
   

4. Mock-ups

   A photograph with goods / environments etc. designed to showcase User’s designs, improve presentations or can be used on websites, social media etc. Mock-ups can hereafter also be referred to as “content”. 

5. Agreement

   Any legally binding or contractual relationship between Ostendo and User.

3. General Information

1. Content of the Website

   On the Website, the User can view mock-ups offered by Ostendo. 

2. Ownership of the content:

   Unless where otherwise specified or clearly recognizable, all content available on this Website is owned or provided by Ostendo or its licensors. Ostendo undertakes its utmost effort to ensure that the content provided on this Website infringes no applicable legal provisions or third-party rights.

   Ostendo holds and reserves all intellectual property rights for any content.

   In particular, 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 Ostendo, 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 Users may have access to external resources provided by third parties. This concerns in particular the purchasing process via Stripe in case User purchases mock-ups. Users acknowledge and accept that Ostendo 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.

4. Purchase of mock-ups and License

1. Mock-ups

   Through our Website, the User can select various mock-ups, for example, to showcase their own products and services, visually enhance presentations, etc. The User can purchase the selected mock-ups with the appropriate license and then edit them with Photoshop. The entire purchasing process and the licenses are described below. 

2. Purchasing Process

   The purchasing process includes the following steps:

1. User must indicate the desired mock-up by selecting it, including, where possible, quantity and specific characteristics and type of license, to make it appear in the purchase selection.

2. Where provided, User may suggest a fair price departing from an initial, fixed threshold (“pay what you want” pricing).

3. By clicking on the checkout button, Users open the Stripe/Shopify checkout view, wherein they will have to specify their contact details and a payment method of their choice. Purchase selections can't be grouped across various pages on this Website via the Stripe/Shopify system, which results in losing the purchase selection upon navigating to another page. Further information to Stripe/Shopify see below (see Clause 6. a).

4. During the purchasing process, 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.

5. After having provided all the required information, User must review the order and, subsequently, confirm and submit it by using the relevant button or mechanism on this Website, hereby accepting these GTC and committing to pay the agreed-upon price.

6. After having completed the purchase, User may request to store the provided information for future purchases on this Website creating a personal account. The accounts are created via Shopify and they also allow the User to access the status of the current purchase and their purchase history. The User must read and accept the privacy policy of Shopify and this Website to learn more about the data processing and User rights regarding their data.

7. Upon submission of the order, the User will receive a receipt confirming that the order has been received.

3. Conclusion of contract

   By submitting an order, the User concludes a contract with Ostendo. 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 mock-ups 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.

4. Prices

   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.

   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

1. Bundles and collections

   Ostendo 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 Ostendo’s sole discretion.

2. Discount codes

   In individual cases, Ostendo offers Users a code for discounts. Ostendo 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 Ostendo’s sole discretion. If breach of the conditions applicable to discount codes occurs, Ostendo can legitimately refuse to fulfill 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. Unless otherwise stated, these rules apply to the use of discount codes:

• Each discount code is only valid when used in the manner and within the timeframe specified on the Website and/or e-mail 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 installment-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.

Individual offer

If the User wishes, for example, a larger quantity of mock-ups or an individual license (see Clause E.4 below), they may contact Ostendo directly and the parties may negotiate an individual offer. Unless the individual offer expressly deviates from this GTC, these GTC shall also apply to the individual offers and licenses.

Payment methods

Information related to accepted payment methods are made available during the purchasing process. Some payment methods may only be available subject to additional conditions or fees. In such cases, related information can be found in the dedicated section of this Website.

Payment methods marked accordingly are managed directly by Ostendo. In this case, Ostendo collects and stores the data necessary for the processing of payments and for fulfilling any legal obligation related to them. The User may read the privacy policy of this Website to learn more about the data processing and Users’ rights regarding their data.

Other payment methods – if any – are independently provided by third-party services. In such cases, this Website collects no payment information – such as credit card details – but only receives a notification from the relevant third-party provider once the payment has been successfully completed.

If payment through the available methods fails, Ostendo shall be under no obligation to fulfill the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the User.

1. Stripe and Shopify

   Ostendo works with Stripe (https://stripe.com/) and Shopify (https://www.shopify.com/) for the purchasing process and payment. The User is therefore redirected to Stripe during the purchasing process, where they can enter the required information and carry out the payment process. There, the User will accept the Stripe and Shopify terms and conditions and can choose a payment method offered by Stripe.

2. Invoice

   If the user has concluded an individual contract with Ostendo with an Individual license, Ostendo shall issue an invoice to the User, which the User shall pay within 10 days.

Delivery

Unless otherwise stated, mock-ups purchased on this Website are delivered via download on the device(s) chosen by Users. Users acknowledge and accept that in order to download and use the mock-ups, the intended device(s) and its respective software (including operating systems) must be legal, commonly used, up-to-date, and consistent with current market standards.

Users acknowledge and accept that the ability to download the purchased mock-ups may be limited in time and space.

Right of withdrawal 

1. In general

   Without prejudice to any applicable statutory rights, Ostendo grants Consumers based in the European Union and the United States 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 Ostendo (see Clause P below) or send Ostendo an unequivocal statement of their intention to withdraw from the contract to exercise their right of withdrawal. Ostendo shall refund the price of the mock-ups 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 mock-ups is retroactively revoked. Consumer is obligated to delete all digital and destroy all physical copies of services, goods etc. where they had used the mock-ups.

2. Exceptions

   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 acknowledgment 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 personalized.

Intellectual property rights

1. General provisions

   All of the licensed content and all the content on the Website is owned by Ostendo and all rights not expressly granted in this agreement are reserved by Ostendo.

   All trademarks — nominal or figurative — and all other marks, trade names, service marks, wordmarks, illustrations, images, or logos appearing in connection with this Website are, and remain, the exclusive property of Ostendo or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

2. Standard License

   Every file/content (mock-up) that is purchased and downloaded from Ostendo.Graphics comes with a Standard License.

1. Scope

   The rights granted to User by Ostendo are:

• Perpetual, meaning there is no expiration or end date on your rights. 

• Non-exclusive, meaning that Ostendo can license the same content to other Users.

• Worldwide.

• Unlimited for an infinite number of projects.

• Non-transferable and not sub-licensable (see Intellectual property rights Clause 6 below).

Restrictions

User with a Standard License may not use the mock-up for

• Products for Resale

• Digital Advertisement

• Electronic Templates

• Print Runs

For these uses User needs to obtain an Extend License or an Individual License (see Intellectual property rights Clause 3 and Clause 4 below).

Individual License

If User intends to use mock-ups for other purposes than mentioned above or if User wants to obtain a large number of mock-ups they can contact Ostendo directly and negotiate an individual purchase with an Individual License.

Restricted Uses

The restrictions listed below always apply and are independent of the license purchased by the User.

1. Unlawful or otherwise restricted Use:

   User may not use mock-ups 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, User may not 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.

2. Use in Trademark or Logo:

   User may not use mock-ups (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, User 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 Ostendo or Ostendo’s customers).

3. False Representation of Authorship:

   User may not represent that they are the original creator of an end-use that is made up largely of licensed content.

4. Immutable Digital Assets:

   User may not use any items of content in connection with an immutable digital asset intended for sale (such as a non-fungible token).

License transfer and sub-licensing

The User as license holder under this Clause (i.e. E. Intellectual property rights) is determined based on User’s billing address in accordance with the receipt received by Ostendo’s payment supplier or the invoice issued by Ostendo.

The rights granted to User are non-transferable and sub-licensable with the following exceptions:

1. Employer or client:

   If User is purchasing on behalf of their employer or client, then their employer or client can use the mock-ups. In that case, User represents and warrants that they have full legal authority to bind their employer or client to the terms of this agreement. If User does not have that authority, then their employer or client may not use the content.

2. Subcontractors

   User may allow subcontractors (for example, printer or mailing house) or distributors to use mock-ups in any production or distribution process related to User’s final project or end-use. These subcontractors and distributors may not use the mock-ups for any other purpose.

Validity of License

The license enters into force with the acceptance of these Terms and after full payment of licensing fee.

Termination / Withdrawal

If any licensed content is subject to a claim of infringement of a third party’s right Ostendo may require User to cease using the mock-ups, delete or destroy any copies; and ensure that User’s clients, distributors and/or employer do likewise.

Audits

Upon reasonable notice, User agrees to provide to Ostendo sample copies of projects or end uses that contain licensed mock-ups, 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, Ostendo may, at their discretion, either through their own employees or through a third party, audit User’s records directly related to this agreement and 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 Ostendo the amount of the lost license compensation to Ostendo with a surcharge of 100%, User also agrees to reimburse Ostendo for the costs of conducting the audit. Where Ostendo reasonably believes that content is being used outside of the scope of the license granted under this agreement, User agrees, at Ostendo's request, to provide a certificate of compliance signed by an officer of User’s company, in a form to be approved by Ostendo.

Electronic storage and distribution

User agrees to retain the copyright symbol, the name of Ostendo, the mock-up’s identification number and any other information that may be embedded in the electronic file containing the original mock-ups, and to maintain appropriate security to protect the mock-ups from unauthorized use by third parties. User may make one (1) copy of the mock-ups for back-up purposes.

Service interruption

1. Interruption during Website access:

   To ensure the best possible service level, Ostendo reserves the right to interrupt the Service / Website for maintenance, system updates or any other changes, informing the Users appropriately.

   Within the limits of law, Ostendo may also decide to suspend or terminate the Service altogether. If the Service is terminated, Ostendo will cooperate with Users 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 Ostendo’s reasonable control, such as “force majeure” (e.g. labour actions, infrastructural breakdowns or blackouts etc).

2. Interruption during download of mock-ups

   If the Service is interrupted during the download of mock-ups and the interruption is within the control of Ostendo, Ostendo shall ensure that the User receives and can use the acquired mock-ups within a reasonable period of time.

Data Protection

To learn more about the use of Personal Data, Users may refer to the privacy policy of this Website.

Warranty

Ostendo warrants to be the sole owner of the copyright to the licensed mock-ups and that said mock-ups do not infringe any third-party rights.
While mock-ups 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, colors, sounds, etc.) is for reference only and implies no warranty as to the characteristics of the purchased mock-up.

Liability

1. General

   Ostendo shall only be liable for damages incurred by the User as a result of the use of this Website or the acquired mock-ups 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.

   Ostendo'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 Ostendo to the extent permitted by law.

   Through this Website, User may have access to external resources provided by third parties (e.g. “Shopify”). User acknowledges and accepts that Ostendo 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

   Ostendo reserves the right to take any appropriate measure to protect its legitimate interests including by denying 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 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 Ostendo’s legitimate interests; offends Ostendo or any third party.

Change of these GTC

Ostendo reserves the right to amend or otherwise modify these GTC at any time. In such cases, Ostendo will appropriately inform the User of these changes.

Such changes will only affect the relationship with the User for the future and Ostendo specifies the date by which the modified GTC will enter into force.

The continued use of the Website and new purchase of mock-ups 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. 

Transfer of the agreement

Ostendo may assign this agreement, without notice or consent, to any corporate affiliate or to any successor in interest.

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.

Governing law and Forum

To the extent permitted by law, United States 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 Idaho.

Example withdrawal form for Consumers

Addressed to:
Studio Ostendo. 15181 Wicklow Lane, Caldwell, ID. 83607

graphics@studioostendo.com

I/We hereby give notice that I/we withdraw from my/our contract of sale of the following goods/for the provision of the following service:
(insert a description of the goods/services that are subject to the respective withdrawal)
Ordered on: (insert the date)

Received on: (insert the date)

Name of consumer(s):

Address of consumer(s):

Date: (insert the date)

Sign: (sign if this form is notified on paper)

Entry into force

The GTC enter into force on May 26, 2022.