Retna is a library of high-definition photorealistic mockups and Stock Photos, for designers by designers. We (Retna Technologies 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 helping, celebrating and enabling contributors and fostering creativity in our community by allowing them post, link, store, share and otherwise make available certain information.
Your use of the Service, and our provision of the Service to you, constitutes a legal and binding agreement between you ( “you” or “ User/s ” or “ Contributor/s ”) and the owners and operators (“we”, “us”, “our” or “Retna”) of the Website to be bound by the terms and conditions in these Terms of Use ( “Terms” ) along with any applicable additional terms. Our Services are licensed, not sold, to you, and may also be subject to one or more additional terms (“Additional Terms”). If there is any conflict between the Terms and the Additional Terms, then the Additional Terms govern in relation to the Service. The Additional Terms are subject to change (collectively, the “Terms”)
These Terms apply to all photographs, illustrations, vectors, images, templates, 3D assets, videos, and other pictorial or graphic works (collectively and including all associated keywords, descriptions, credits, and captions) (“Work(s)”) that is downloaded, copied, retrieved, replicated, adapted or otherwise accessed or obtained from the Website by you or any User/s as well as all Work(s) submitted to us or uploaded to the Website by you or any Contributor under these Terms or any other prior version thereof.
By submitting any Work on behalf of the applicable copyright owner(s) under the profile of a Contributor or Co-Contributor, you represent and warrant that you have the authority to, and will, ensure that such copyright owner(s) comply with the Terms where necessary. If you submit Work on behalf of an entity, then the Terms apply to that entity and its affiliates. In such a case, you represent and warrant that you have the authority to bind the entity to the Terms.
A. Account Profile – when you open an account, we may collect your first name, last name, email address, username and password. You may also provide additional details on your account profile, such as your profile picture, photos, location data, personal website, Instagram username, Twitter username and Facebook profile. Applicable legal grounds: contract performance, consent, legitimate interests (to enable us to perform our obligations and provide our services);
PLEASE READ THESE TERMS OF USE CAREFULLY. BY REGISTERING FOR OR OTHERWISE USING THE SERVICE AS A USER OR CONTRIBUTOR, YOU ARE TELLING US THAT YOU HAVE READ, UNDERSTOOD, AND HEREBY VOLUNTARILY AGREE TO BE BOUND BY THESE TERMS OF USE, 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.
1. User and Contributor Account and RegistrationYou may only register with Retna if you are at least 16 years of age or if you act with the consent of your parents or guardian or organization (where account is for a corporate group) to register under these Terms. Retna reserves the right to verify the consent of your parents, guardian or any group of persons as may be alluded to by you. Therefore, you must provide an e-mail address of your parents, guardian or corporate organization when you register, so that we can obtain a declaration of consent.
When you create an account with us, you must provide us with the information and data requested 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.
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.
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 our Service 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.
You are responsible for all activity that occurs via your account even if that activity is not by you or is without your knowledge or consent. Please notify [[email protected]] immediately if you become aware of any unauthorized use of your account. You may not (a) share your account information (except with an authorized account administrator), whether intentionally or unintentionally; or (b) use another person’s account. Your account administrator may use your account information to manage your use and access to the Service.
You are responsible for keeping your account active, which means you must sign in periodically to avoid any disruption or loss of access to the Service or termination of your account. If you don't sign into your account periodically, we reserve the right to assume your account is inactive, and you agree that we may close it for you. You understand that you will lose access to any Work stored in your account upon closure. Prior to closing your account for inactivity, we will attempt to provide notice to you. For the avoidance of doubt, this does not apply to paid accounts in good standing.
Contributor’s Work refers to any text, information, or material, such as audio files, video files, electronic documents, or images, that you upload and import into, or create with the Service in connection with or through your use of the Service.
You must not upload any Work that is prohibited by any applicable law. We reserve the right to remove Work or restrict access to Work if it is found to be in violation of these Terms. We do not review all Work uploaded to the Services, but we may use available technologies, vendors, or processes to screen for likely intellectual property breaches in relation to unlicensed or unauthorized use of trademarks, patents, designs, trade or service name which are visibly present in any Work whether or not such Work is uploaded or imported on a non-commercial basis as well as screen certain types of illegal content (for example, child pornography) or other abusive content or behavior (for example, patterns of activity that indicate spam or phishing, or keywords that indicate adult content has been posted outside of the adult wall).
Some features may allow you to Share your Work with other users or to make it public. “Share” means to email, post, transmit, stream, upload, or otherwise make available (whether to us or other users) through your use of the Service. Other users may use, copy, modify, or re-share your Work in many ways. Please carefully consider what you choose to Share or make public as you are responsible for what you Share.
We do not monitor or control what others do with your Work. You are responsible for determining the limitations that are placed on your Work by you or other Co-contributors who have legitimate interest or claim in any Work and you are also responsible for applying the appropriate level of access to your Work. If you do not choose the access level to apply to your Work, the system may default to its most permissive setting. It is your responsibility to let other users know how your Work may be Shared and to adjust the setting related to accessing or sharing your Work.
We (and our licensors) remain the sole owner of all right, title, and interest in the Service. Except as stated in the Terms, we do not grant you any rights to patents, copyrights, trade secrets, trademarks, or any other rights in respect to the items in the Service. We reserve all rights not granted under the Terms.
Save for when assigned, all Contributors and/or Co-Contributors retain all rights and ownership of your Work or content. We do not claim any ownership rights to your Work or content.
You hereby grant us a non-exclusive, worldwide, perpetual, fully-paid, and royalty-free license to use, reproduce, publicly display, publicly perform, distribute, index, translate, and modify the Work for the purposes of operating the Website; presenting, distributing, marketing, promoting, and licensing the Work to users; developing new features and services; archiving the Work; and protecting the Work.
We may use the Work for the purposes of marketing and promoting your Work, the Website, our business, and our other products and services, in which case you grant us a non-exclusive, worldwide, fully-paid, and royalty-free license to use, reproduce, publicly display, distribute, modify, publicly perform, and translate the Work as needed. You also grant us the right, but not the obligation, to use your display name, trademarks, and trade names in connection with our marketing and promotional activities and our license to the Work under the Terms.
You may revoke this license and terminate our rights at any time by removing your Work from our Website and related platforms. Some copies of your Work may be retained as part of our routine backups, however.
You grant us a license to further sublicense our right to use, reproduce, publicly display, distribute, modify, publicly perform, and translate the Work on a non-exclusive, worldwide, and perpetual basis in any media or embodiment. We may sublicense Works pursuant to a written or electronic agreement between us and a user (“User”) (“User Agreement”) or in accordance with the binding provisions contained in these Terms of Use.
The license to a User (individual or corporate) may include the right to modify and create derivative works based upon the Work, including but not limited to the right to sell or distribute for sale the Work or any reproductions thereof if incorporated or together with or onto any item of merchandise or other work of authorship, in any media or format now or hereafter known, provided that such users’ use of the modified Work is limited solely to the same uses permitted with respect to the original Work. For clarity, we may allow users and other authorized third parties (such as, without limitation, marketing consultants or service providers) to post or share the Work onto social media sites or other third-party websites, subject to any restrictions imposed by a User Agreement.
To understand how we collect, use, share, or otherwise process information about you and your use of our apps and websites, please see our Privacy Policy here .
Where permitted by law, we will only access, view, or listen to your Work in limited ways. For example, in order to perform the Services, we may need to access, view, or listen to your Work to (a) respond to feedback or support requests; (b) detect, prevent, or otherwise address fraud, security, legal, or technical issues; and (c) enforce the Terms. Our automated systems may analyze your Work in order to improve our Services and the user experience.
Where customer information includes personal information and where you are considered a “Data Controller” and we a “Data Processor” as defined under the Nigerian Data Protection Regulation 2019 (“NDPR”), the terms of the NDPR shall apply to the processing of such personal information and are incorporated by reference into the Terms. You agree not to collect, process, or store any Sensitive Personal Information using the Services. You agree not to transmit, disclose, or make available Sensitive Personal Information to us or our third-party providers. “Sensitive Personal Information” means an individual’s financial information, sexual preferences, medical, or health information protected under any health data protection laws, biometric data (for purposes of uniquely identifying an individual), personal information of children protected under any child data protection laws and any additional types of information included within this term or any similar term (such as “sensitive personal data” or “special categories of personal information”) as used in applicable data protection or privacy laws.
Currently we process and store information in Nigeria. Should we do so to other countries outside Nigeria, by using Website, you agree that you authorize US to transfer your personal information across national borders and to other countries where we and our partners operate.
Our communities often consist of users who expect a certain degree of courtesy and professionalism. You must use the Service responsibly. You must not:
8.1 IP Rights : As a Contributor or Co-contributor, you represent and warrant that you own all rights, title, and interest in and to the Work, including all copyrights, trademarks, patents, rights of privacy, rights of publicity, moral rights, and other proprietary rights (collectively, “IP Rights”), or have all necessary rights and license to grant us the licenses under the Terms. You further represent and warrant that the Work will not infringe the IP Rights of others, contain misleading or false information, or contain any illegal or defamatory content. You will not upload any Work that infringes or violates the IP Rights of any person or entity or that constitutes any libel, slander, or other defamation upon any person or entity. You must also comply with applicable law.
8.2 Releases & Authorizations : If the Work contains an image or likeness of an identifiable person, trademark or logo, or certain distinctive property that is protected by IP Rights, you represent and warrant that (a) you have obtained all necessary and valid releases or agreements substantially similar to our standard model and property releases for each person or property depicted in the Work and (b) you will promptly provide copies of such releases or agreements to us upon our request. Provided that a withdrawal of Release or Authorization shall not be effective as affecting any given Work that has already been accessed, utilized or adapted by a User prior to the day and time in which the withdrawal of Release or Authorization is communicated to Retna or becomes effective, whichever comes first.
However, if we agree that you may contribute to our collection of editorial content and you upload a Work designated “editorial use only,” we may accept it without a model or property release, at our sole discretion, and subject to any of our guidelines or requirements. For Work designated “editorial use only,” you represent and warrant that: (a) the Work truthfully depicts the subject; (b) all corresponding keywords, descriptions, credits, and captions are accurate; and (c) the Work has not been modified in a way that alters its editorial context or integrity.
All Contributor’s Work uploaded and published on the Website are free for use and may be downloaded, copied, retrieved, replicated, adapted, accessed or otherwise obtained by all Users having an account on the Website. Neither title nor any ownership interest in or to the Work is transferred to us as a result of the Terms. Except for the licenses granted by you pursuant to the Terms, we do not claim any ownership rights to the Work. Both we and our users who use a Work have the right, but not the obligation, to identify you as the creator or source of the Work in a customary manner.
You understand and agree that, in commercial uses of the Work, (a) creators are not customarily credited in such uses; (b) users will not be obligated to credit creators; and (c) Work may be modified and used in connection with any subject matter (except pornographic or illegal). You therefore waive any right to object to these common business practices; however, User Agreements do not permit use of Works for pornographic or illegal purposes. In addition, metadata may be altered, removed, or added, without any liability to us, our distributors, or users.
We are not liable for non-compliance with the terms of a User Agreement or for misuse by any third party. You grant us the right to enforce your IP Rights against infringers, but we have no obligation to do so. If you believe your Work has been misused, you agree to notify us and take no action without our prior written consent.
Where Retna expressly provides that payment shall be due to any Contributor or Co-contributor under this Service, the following shall apply.
Retna will pay you as described in the pricing and payment details at [.] (or successor page or URL) (collectively, “Pricing and Payment Details”) for any sales of licenses to Work, less any cancellations, returns, and refunds.
We may modify the Pricing and Payment Details from time to time, including but not limited to updating the categories of Works, updating pricing and payment terms, and directing you to new Pricing and Payment Details for pricing and payment information. You should look at the Pricing and Payment Details regularly. By continuing to submit or upload Works or by not removing Works, you are agreeing to any new Pricing and Payment Details as revised from time to time. You may designate Work as free content, in which case we may distribute such Work without liability or payment to you. If you are not the copyright owner of a Work, you are solely responsible for compensating such copyright owner(s) where applicable.
We may use third-party payment processors to facilitate the payment to you. If we or our partners offer a promotion, trial, test, or watermarked version of your Work, we are not subject to the payment obligations in this section.
You authorize us to store your payment method and use it in connection with your use of the Service. To avoid interruption of your service, we may participate in programs supported by your card provider to try to update your payment information. You authorize us to continue billing your account with the updated information that we obtain (as applicable).
You are responsible for completing any necessary taxation forms in order to receive payment as prescribed by the relevant Nigerian taxation laws. If any fee payable to you is subject to tax withholding or other tax collected at the source by any taxing authority, we will deduct such tax from the fee payable to you. We will make reasonable efforts to provide you with a copy of the official receipt covering such payment of tax, if such a copy is available. We will reasonably cooperate with you in order to obtain the benefits of any applicable tax treaties pertaining to such taxes.
Occasionally, we 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 us.
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.
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.
We may offer free memberships, offers, and trial memberships in our sole discretion. If access to the Service is provided to you for free or for trial purposes, such access is governed by these Terms. At any time prior to or during the free or trial period, we may, in our sole discretion, terminate the free or trial access without prior notice and without any liability to you, to the extent permitted under applicable law, for any reason, including to prevent abuse of the free or trial access.
After the free or trial access period expires, you may only continue using the Service by enrolling in a paid subscription, if available, or as otherwise permitted. During the free or trial period, no express or implied warranties shall apply to the Service, all Services are provided “as-is” with all defects, and no technical or other support is included.
You will deliver the Work in the format(s) and via the delivery method(s) we request. Additionally, you will submit the Work for our review in accordance with the guidelines available on our Website or provided by us to you (“Guidelines”), as the need arises. We may modify the Guidelines from time to time. You should look at the Guidelines regularly. We may accept (wholly or conditionally), restrict access to or outrightly reject the Work you upload to the Website or otherwise submit to us, at our sole discretion.
You may remove any Work from the Website at any time. We may remove Work or terminate your account at our sole discretion without prior notice.
By uploading your Work to the Service you agree that you have: (a) all necessary licenses and permissions to use and Share your Work and (b) the rights necessary to grant the licenses in the Terms.
Without limiting your obligations under these Terms, you will indemnify us and our subsidiaries, affiliates, officers, agents, employees, partners, licensees, and licensors (including users) from any claim, demand, loss, or damages, including reasonable attorneys’ fees, arising out of or related to Works or other content that you submit to us, your use of the Service or your violation of the Terms.
We have the right to control the defense of any claim, action, or matter subject to indemnification by you with counsel of our own choosing. You will fully cooperate with us in the defense of any such claim, action, or matter. Any amount that is or may be owed to you under Section 10 above may be set-off and reduced by any amount owed by you pursuant to your indemnity obligations hereunder, without demand or notice to you.
Unless stated in the Terms and Additional Terms, the Service is provided “AS-IS.” To the maximum extent permitted by law, we disclaim all warranties, express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. We make no commitments about the content within the Service. We further disclaim any warranty that (a) the Service will meet your requirements or will be constantly available, uninterrupted, timely, secure, or error-free; (b) the results obtained from the use of the Services will be effective, accurate, or reliable; (c) the quality of the Services will meet your expectations; or (d) any errors or defects in the Service will be corrected.
We specifically disclaim all liability for any actions resulting from your use of any Service. You may use and access the Service at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from the use of and access to any Service.
If you post your Work on our servers to publicly Share through the Service, we are not responsible for (a) any loss, corruption, or damage to your Content; (b) the deletion of the Work by anyone other than us or (c) the inclusion of your Work by third parties on other websites or in other media.
Unless stated, we are not liable to you or anyone else for any special, incidental, indirect, consequential, moral, exemplary or punitive damages whatsoever, regardless of cause, including losses and damages (a) resulting from loss of use, data, reputation, revenue, or profits (b) based on any theory of liability, including breach of contract or warranty, negligence, or other tortious action or (c) arising out of or in connection with your use of or access to the Service. Nothing in the Terms limits or excludes our liability for gross negligence, intentional misconduct of Retna or its employees, death, or personal injury.
Our total liability in any matter arising out of or related to the Terms is limited to the greater of (a) US $100; or (b) the aggregate amount that you paid for access to the Service during the three-month period preceding the event giving rise to the liability. These limitations and exclusions apply to the maximum extent permitted by law even if (a) a remedy does not fully compensate you for any losses or fails of its essential purpose or (b) we knew or should have known about the possibility of damages.
These Terms set forth the entire liability of Retna and its affiliates as well as your exclusive remedy with respect to access and use of the Service.
You may stop using the Service at any time. Deletion of a User or Contributor account does not relieve you of any obligation to pay any outstanding fees
If we terminate the Terms or your use of the Service(s) for reasons other than for cause, we will make reasonable efforts to notify you at least 30 days prior to termination via the email address you provide to us with instructions on how to retrieve your Work. Please note you may lose access to your Work upon termination, as described in Section 4
Unless stated in any Additional Terms, we may, at any time, terminate or suspend your right to use and access the Service if:
We will have no payment obligation to you if we terminate these Terms for cause.
We will use reasonable efforts to have any Work that you have removed from the Website removed from the websites of any of our affiliates (including co-branded websites) within 60 days after removal of the Work from the Website. Before the termination of these Terms or removal of the Work from the websites of any of our affiliates, our users may continue to obtain new licenses to the Work. After termination of these Terms, we may continue to use the Work solely for internal archival and reference purposes.
Any licenses to a Work granted to our users or to us prior to the removal of that Work from the Website or the date of termination of these Terms will survive. Additionally, users whose User Agreements allow them to license and possess a Work as a comp version (e.g., a preview sample) may further convert that license to a usage license. We will provide payment as stated in Section 10 for any license fee that we receive as related to the Work after termination of these Terms.
Upon the expiration or termination of the Terms, some parts or all of the Services may cease to operate without prior notice. Your indemnification obligations, our warranty disclaimers and limitations of liabilities, and dispute resolution provisions stated in the Terms will survive.
Upon the expiration or termination of the Terms, some parts or all of the Services may cease to operate without prior notice. Your indemnification obligations, our warranty disclaimers and limitations of liabilities, and dispute resolution provisions stated in the Terms will survive.
These Terms and the application of the service shall be governed in accordance with the Laws of the Federal Republic of Nigeria.
If you have any concern or dispute, you agree to first try to resolve the dispute informally by contacting us. If a dispute is not resolved within 30 days of receipt by us, any resulting legal actions must be resolved through final and binding arbitration, including any question of whether arbitration is required, except that you may assert claims in small claims court if your claims qualify. Claims related to the Terms or Service, are permanently barred if not brought within one year of the event resulting in the claim.
The Lagos Court of Arbitration (LCA) will administer the arbitration in Lagos State, Nigeria under the LCA Arbitration Rules. There will be one arbitrator that you and Retna mutually select. The arbitration will be conducted in English language, but any witness whose native language is not English may give testimony in the witness’ native language, with simultaneous translation into English (at the expense of the party presenting the witness). Judgment upon the award rendered may be entered and will be enforceable in any court of competent jurisdiction having jurisdiction over you and us. a
No Class Actions. You may only resolve disputes with us on an individual basis, and you may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.Notwithstanding the foregoing, in the event of your or others’ unauthorized access to or use of the Service in violation of the Terms, you agree that we are entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
The Service and your use of it are subject to laws, restrictions, and regulations of Nigeria and other jurisdictions that (a) govern the import, export, and use of the Services and (b) may prohibit us from providing the Service to you without notice. By using the Services you agree to comply with all such laws, restrictions, and regulations, and you warrant that you are not prohibited from receiving the Service by the laws of any jurisdiction.
We may modify, update, or discontinue the Services (including any portions or features) at any time, without liability to you or anyone else. However, for changes to paid offerings, we will make reasonable efforts to notify you of the modification, update, or discontinuation. If we discontinue the Service in its entirety, we will use reasonable commercial efforts to allow you to transition your Work, and we may provide you with a pro rata refund for any unused fees for that Service that you prepaid.
Except as expressly permitted in the Terms, you may not (a) modify, port, adapt, or translate any portion of the Service or (b) reverse engineer (including but not limited to monitoring or tracking the inputs and outputs flowing through a system or an application in order to recreate that system), decompile, disassemble, or otherwise attempt to discover, within any Service, the source code, data representations or underlying algorithms, processes, methods, and any other portion of such Service. If the laws of your jurisdiction give you the right to decompile the Service to obtain information necessary to render the licensed portions of the Service interoperable with other software, you must first request such information from us. We may, in our discretion, either provide such information to you or impose reasonable conditions, including a reasonable fee, on your decomplication of the Service to ensure that our and our suppliers’ proprietary rights in the Service are protected.
The relationship between you and us under these Terms is that of independent contractors. For clarification purposes, we are not joint venturers, partners, principal and agent, or employer and employee. Nothing in these Terms is intended to, nor will, confer upon any third person or entity any rights, benefits, or remedies of any nature whatsoever
We expressly disclaim any liability for information, feedback, materials, or answers to questions provided by us or our representatives, all of which are provided as a courtesy only and do not amend the Terms or constitute legal advice. Without limitation, we make no representation or warranty that you or any other party may or will achieve any level of payments or revenue under or arising out of these Terms.
We may make changes to the Terms from time to time, and if we do, we will notify you by revising the date at the top of the Terms and, in some cases, we may provide you with additional notice. You should look at the Terms regularly. Unless otherwise noted, the amended Terms will be effective immediately, and your continued use of our Services will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.
The English version of the Terms will be the version used when interpreting or construing the Terms.
You may send notices to us at the following email address: [email protected].
We may notify you by email, postal mail, postings within the Services, or other legally accepted means. It is your responsibility to keep your account information current to receive notifications. You acknowledge that Retna may contact you via e-mail or other means in order to communicate with you regarding Retna’s content needs and effective ways for us to work together
Non-Assignment: You may not assign or otherwise transfer the Terms or your rights and obligations under the Terms, in whole or in part, without our written consent, and any such attempt will be void. We may transfer our rights under the Terms to a third party.
Severability: If any provision of the Terms is held invalid or unenforceable for any reason, the remainder of the Terms will continue in full force and effect. No Waiver: Our failure to enforce or exercise any provision of the Terms is not a waiver of that provision.
Force Majeure:Neither party will be liable to the other for any delay or failure to perform any obligation (other than your payment obligations to Retna) under the Terms if the delay or failure is due to unforeseen events, which occur after the effectiveness of the Terms and which are beyond the reasonable control of the parties, such as strikes, blockade, war, terrorism, riots, natural disasters, refusal of license by the government or other governmental agencies, in so far as such an event prevents or delays the affected party from fulfilling its obligations and such party is not able to prevent or remove the force majeure at reasonable cost.