Introduction

Retna is a library of high-definition photorealistic mockups, for designers by designers. We (Check Design Company Limited., a Nigerian company) operate the Retna website at retna.io (the “Website”) and all related websites, software, mobile apps, and other services that we provide (together, the “Service”) with the goal of celebrating and enabling contributors and fostering creativity in our community. Your use of the Service, and our provision of the Service to you, constitutes a legal agreement between you("you" or "User/s") and the owners and operators ("we", "us", or "Retna") of the Website to be bound by the Terms of service in these Terms of Service ("Terms").

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY REGISTERING FOR OR OTHERWISE USING THE SERVICE, YOU ARE TELLING US THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, INCLUDING OUR PRIVACY POLICY. If you don’t agree with anything we propose in these Terms, please don’t (and you don’t have our permission to) use any part of the Service.

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1. Acceptance of Terms

1.1. Retna operates the Site; a platform that allows you to post, link, store, share and otherwise make available certain information, text, graphics, photos, videos, or other material (together "Content"). Our goal is to help designers, bloggers and everyone who is looking for an image to find photos and other Content that you can use for free subject to and in compliance with these Terms.
1.2. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all photographers, visitors, users and others who access and/or use the Service.
1.3. By accessing or using the Service, whether as a photographer, visitor or user of the Website, you agree to be bound by these Terms. These Terms serve to protect and safeguard your rights, the rights of other users, our rights and the rights of third parties in the course of operating the Website. If you do not agree to the terms of service, you must immediately stop using any part of the Service.
1.4. We reserve the right to change or adapt these terms at any time and without giving reasons with effect for the future. You will be notified of these changes at least two weeks before they take effect by posting them on the website and should you have created a user account on our website by notifying your registered e-mail address. You have the right to immediately cancel and terminate your account on our website if you do not agree to the changes to the terms. Changes shall be deemed approved by you if you continue to use the service after the new terms come into effect.
1.5. The use of the Service is subject to the Terms in force at the time of use.

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2. Account & Registration

2.1. You have the option of creating a user account on our Website so that you can use the additional functions of the Website, in particular for uploading photos and other Content or for participating in any contests made available through the Service. The opening of a user account can only take place with the agreement to these Terms.
2.2. Upon registration, Retna and you enter into a contract for the use of the Website and the Services. There is no claim to the conclusion of this contract. Retna is entitled to refuse your registration without giving reasons.
2.3. You may only register with Retna if you are 16years of age or if you act with the consent of your parents or guardian to register under these Terms. Retna reserves the right to verify the consent of your parents or guardian. Therefore, you must provide an e-mail address of your parents or guardian when you register, so that we can obtain a declaration of consent from your parents or guardian.
2.4. When you create an account with us, you must provide us with the information and data requested by Retna that is accurate, complete, and current at all times. If your data changes after registration, you are obliged to correct the information in your account immediately.
2.5. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without authorization, or a name that is otherwise offensive, vulgar or obscene.
2.6. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with ourService or a third-party service. If you are not responsible for the misuse of your member account, you are not liable. You agree not to disclose your password to any third party. You must notify us immediately at [email protected] upon becoming aware of any breach of security or unauthorized use of your account.

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3. Contests, Sweepstakes & Promotions

3.1. Occasionally, Retna or our partners and/or advertising partners conduct promotional activities on the Website, such as contests, sweepstakes or other promotions (together"Promotions"). Each of these Promotions are subject to additional special conditions ("Conditions of Participation"), which will be published on our Website or otherwise notified to you by Retna.
3.2. When participating in Promotions, you must separately agree to the applicable Conditions of Participation. After approval, the Conditions of Participation are an integral part of these Terms. In the event of a conflict between the Conditions of Participation and the Terms, the Conditions of Participation shall prevail with respect to the Promotion in question.
3.3. All prizes in connection with a Promotion are non-transferable and cannot be changed for cash or other products or services. Retna reserves the right to modify or replace the Promotion prizes. Information on Data Protection Participation in the Promotion requires the participant to provide personal data such as name, address, telephone number and e-mail address. These personal data will be collected and processed by Retna and/or by appointed providers (e.g.companies providing tech gadgets, coupons or other prizes) for the purpose of participation, implementation and handling of the Promotion and the possible notification of a win on the basis of the Nigerian Data Protection Regulation 2019(NDPR)(performance of contractual relationships with you). Personal data will not be passed onto third parties, with the exception of partners, which are also involved in the Promotion.In the event of a win, the personal data collected for participation in the Promotion will be transferred to the respective third party involved (hotels, travel agents/organisers)exclusively for the above-mentioned purpose. As soon as the process of determining the winner and of handing-out the price is completed and the data provided is no longer required, they are deleted, unless continued storage is required on legal grounds.You have the right in accordance with the NDPR to:

1. Obtain information about the personal data processed by us;
2. Obtain without undue delay the rectification or completion of your personal data stored by us;
3. Obtain the erasure of the personal data stored by us, unless the processing is necessary for exercising the right of freedom of expression or information, for compliance with a legal obligation, for reasons of public interest or for the establishment exercise or defense of legal claims;
4. Obtain the restriction of the processing of your personal data if you contest the accuracy of the personal data, the processing is unlawful, but you oppose their erasure and we no longer require the data, but you require these for the establishment, exercise or defense of legal claims or you have objected to their processing;
5. Receive your personal data in a structure, commonly used and machine-readable format or have such transmitted to another controller;
6. To complain to a supervisory authority. You can usually contact the supervisory authority at your normal place of residence or your workplace or where we are headquartered for this.

Such personal data as may be collected, saved, transferred, processed or used shall be consulted by Retna and by such providers as are appointed in this connection–together with any partners which may be involved–and (in the event of a win) collected, saved etc by any involved 3rd parties (hotels, travel agents/organisers) exclusively for that purpose and shall be deleted once the competition has been wound up in its entirety, unless there are compulsory legal reasons requiring that the data should not be deleted. Otherwise, the general data-protection guidelines of Retna shall apply.

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4. Intellectual Property; License to Users

4.1. Subject to your compliance with these Terms, you may access and use the Website and Service.
4.2. The Website and the Service are protected by copyright, trademark and/or other protective rights and are subject to copyright law and other protective laws ("Retna Rights"). Retna is the rightful owner or licensee of all rights to the Website and the Service. With the exception of the use of the Website and Service in accordance with these Terms, use of Retna Rights is only permitted with the prior written consent of Retna.
4.3. Except for certain sponsored content (i.e. content from partners that you can buy from them by getting redirected to their website, herein after "Sponsored Content"), all Content made available for download on the Service can be used for free for personal and/or commercial purposes subject to some limitations as set out in these Terms. You do not need to, but you can, credit the photographer or owner of the Content or Retna.

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5. Retna License

For all Content made available for download on the Service, Retna grants you an irrevocable, perpetual, non-exclusive, royalty-free license to download, copy, modify, distribute, perform, and otherwise use the Content (this does not include Sponsored Content), including for commercial purposes, without attributing the photographer/ content owner or Retna ("Retna License"). The Content made available for download on the Service under the Retna-License ("Retna Content") is marked with the reference "Retna License" next to the respective picture /content. The Retna License does not include:

1. The right to compile any Retna Content to replicate a similar or competing Service.
2. The right to sell copies of the Retna Content without first updating, modifying, or otherwise incorporating new creative elements into the Content (i.e. selling unaltered copies of photos, videos or other content), including selling the Content as prints or printed on physical goods.

5.1 While photographers and users that upload Content to our Website represent and warrant to us that they have all the rights therein and that the Content does not infringe any third party rights, Retna cannot reasonable monitor all Content uploaded to the Service. We therefore do not make any representations or guarantees for the rights granted here under to you.
5.2. Be aware that, depending on your intended use of the Content, you may need the permission or consent of a third party (e.g. owner of a brand, identifiable person or author/rights holder of copyrightable work depicted in the Content).

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6. Restrictions on the Use of Service & Content

6.1. You represent and warrant to Retna that by using the Service you will NOT:

1. Impersonate any other person on the Services, e.g. a representative of Retna or any other person responsible for the Services, or impersonate any non-existent relationship with such persons;
2. Use the Service and/or Website for the storage, publication and/or transmission of "junk mails", chain letters, unsolicited bulk e-mails, etc or for any other purpose ("spamming");
3. Send any data or store any data on a Retna data carrier which, by its nature or nature (e.g. viruses), size or reproduction (e.g. spamming), is intended to impair or endanger the existence or operation of the Services and the Retna data network;
4. Make any electronic attacks of any kind on the Service or network; in particular, the use of computer programs to automatically read out data such as robots, spiders, etc is prohibited;
5. Use or exploit any metatags or other hidden texts containing the name or trademark of Retna without the express written consent of Retna;
6. Collect, store or use any personal information, including member names and profiles, about other users;
7. Copy the look and feel of the Website.

6.2. Furthermore, despite the Retna License provided to you by Retna, here under you agree to NOT use any Retna Content made available via the Service (in whole or in part):

1. To portray any person depicted in the Content (a "Person") in a way that a reasonable person would find offensive, including but not limited to depicting a Person:

• in connection with pornography, adult entertainment venues, escort services, dating services, or the like;
• in connection with the endorsement of products and services (i.e.statement made to the Person highlighting the benefits or recommending products/services to the public);
• in a political context, such as the promotion, advertisement or endorsement of any party, candidate, or elected official, or in connection with any political policy or viewpoint;
• as suffering from, or medicating for, a physical or mental ailment; or
• engaging in immoral or criminal activities.

2. In a pornographic, defamatory, or deceptive context, or in a manner that could be considered libelous, obscene, or illegal;

3. As a trademark, service mark, logo or other indication of origin, or as part thereof;

4. In a manner that infringes upon any third party’s copyright, trademark or other intellectual property, or gives rise to a claim of deceptive advertising or unfair competition;

5. Falsely represent, expressly or by way of reasonable implication, that any Content was created by you or a person other that the copyright holder(s) of that Content;

6. Access, download, copy, modify, distribute, perform, or use any Content to create a similar or competitive service or to contribute the Content to an existing similar or competitive service.

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7. Violation of Terms & Termination of Use

7.1. Retna reserves the right to reject the publication of Content at its own discretion and to delete Content already published.
7.2. Retna further reserves the right to restrict or suspend your access to the Services in whole or in part at any time, without prior notice and excluding any claim for damages on your part ("Suspension"), if there are reasonable grounds for suspecting violations by you of these Terms and/or the applicable Conditions of Participation.
7.3. If you prove within twelve (12) months after the Suspension that you have not violated theTerms the applicable Conditions of Participation, Retna will lift theSuspension. If such proof is not provided within the 12-month period, Retna is entitled to delete your member account including all its data.
7.4. Retna expressly reserves the right to take legal action, in particular to assert claims for damages or to file criminal charges.

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8. Notice of Infringements

8.1. Please let us know if you believe that any Content made available on and via the Service contains a violation of the law. The message can be sent by e-mail to the address [email protected] .
8.2. If you as the copyright owner or as its representative believe that your copyrights are infringed by the Content of users stored, published or transmitted on the Website, please notify us by e-mail to [email protected] including the following information:

1. A description of the rights you consider to have been infringed;
2. A statement of the content you believe infringes your rights, preferably including a URL, and the part of the content you believe infringes the law;
3. Your address, telephone number and email address to contact you;
4. A statement by you that, to the best of your knowledge and in good faith, you believe that the use in question has not been approved or is not authorized by the rights holder or its agent.

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9. Disclaimer of Warranty; Links to Third-Party Sites

9.1. The use of the Service is at your own risk. The Website and the Service are offered to you on an "as is" and "as available" basis. We do not warrant that the Website or the Services will always be uninterrupted, current, timely, secure, error-free or suitable for use for any particular purpose or to achieve any particular result.
9.2. Retna does not guarantee that the content on the Website or on linked other sites is correct or complete. The content of the users does not reflect our opinions or views on life. The presence of links to other websites does not imply that Retna endorses or recommends the linked website. Retna has no influence on the contents of the linked external sites and is not responsible for them. We strongly advise you to read the Terms of service and privacy policies of any third-party websites or services that you visit. Retna is also not responsible for the advertising of third parties published on the Website or for the goods or services offered therein.
9.3. If Retna becomes aware of any violations of the law through content, links to third-party websites or advertising published on the website, Retna will immediately delete such content, links or advertising.
9.4. Retna accepts no responsibility for errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication line failures or unauthorized access or theft, destruction or modification of user communications. Likewise, Retna is not liable for problems or technical malfunctions in connection with telephone networks or lines, online systems, servers or providers, computer equipment, software or for failures of e-mails or players due to technical problems or data jams on the internet and/or one of the Service, unless these are within the sphere of influence of Retna.

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10. Liability

10.1. We are liable for damages according to the statutory provisions unless otherwise stated below. In the case of breach of obligation–on any legal ground whatsoever–we are responsible for intent and gross negligence. In the case of simple negligence, we are liable only for:

• Damage due to injury to life, body or health, and
• Damage due to serious breach of a fundamental contractual obligation (obligation the performance of which at all enables the due performance of the agreement and on the compliance on which the contractual partner usually relies and is entitled to rely). In that case, the liability is, however, limited to reimbursement of foreseeable and typical loss.

10.2. The above limitations of liability also apply in favour of our employees, staff, representatives and agents.
10.3. For claims under the Product Liability Act, the statutory provisions apply exclusively.
10.4. Claims for damages againstNigerian Mockups shall become statute-barred after twelve(12) months from the date of their creation, unless they are based on intentional or grossly negligent acts.

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11. Indemnification

You agree to defend, indemnify and hold Retna and its affiliates harmless from and against any and all claims, damages, liabilities, losses or demands arising out of or in connection with

1. Your use and access to the Website and/or Service;
2. Your violation of these Terms;
3. Infringement of third party rights (copyrights, trademark rights, personal rights, etc.) by you or your Content. The indemnity obligation includes the reasonable costs of legal defence, in particular lawyer's fees, necessary to defend against such claims.

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12. Data Protection

Use of the Website and Service is subject to our Privacy Policy, which is available at Privacy Policy.

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13. Choice of Law, Place of Jurisdiction

The Terms shall be governed by the laws of the Federal Republic ofNigeria. If a lawsuit is permitted under these Terms, you and we agree to the exclusive jurisdiction of the State and Federal Courts located in Lagos State, Nigeria.

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14. Miscellaneous

These Terms, together with the applicable Conditions of Participation, our Privacy Policy, and any other legal provisions published by us on the Website, constitute the sole agreement between you and Retna regarding your use of the Website and the Services. Should individual clauses of these Terms be wholly or partially invalid or should these Terms contain gaps, this shall not affect the validity of the remaining Terms.