Please read these Terms and Conditions ("Terms") carefully before accessing or using the website at www.uidesigndaily.com and all related websites, software, apps, and/or plug-ins (together the "Service") made available by UI Design Daily ("UI Design Daily", "us", "we" or "our").
1. Acceptance of Terms
1.1. UI Design Daily operates the website www.uidesigndaily.com ("Website"), a platform that allows you to download, link, share and otherwise make available certain information, text, graphics or other materials (together "Content"). Our goal is to help designers, developers, bloggers and everyone who is looking for graphics 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 designers, developers, visitors and others who access and/or use the Service.
1.3. By accessing or using the Service, whether as a designer, developer, visitor, 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 use, 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. 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.
2. Newsletter Subscription
2.1. You have the option of subscribing to our Website’s newsletter so that you can receive weekly newsletters containing graphics that are available for download, changes and updates on our website as well as other materials.
2.2. When you subscribe to our Website, you must provide us with the information and data requested by UI Design Daily that is accurate, complete, and current at all times.
2.3. You may not use 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.
3. Contests, Offers and Promotions
3.1. Occasionally, UI Design Daily or our partners and/or advertising partners conduct promotional activities on the Website, such as contests, offers 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.
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.
Information on Data Protection
Participation in the Promotion requires the participant to provide personal data such as name, address, telephone number and email address. These personal data will be collected and processed by UI Design Daily 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 Article 6 (1) (b) GDPR (performance of contractual relationships with you). Personal data will not be passed on to 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 Article 15 GDPR to obtain information about the personal data processed by us;
• in accordance with Article 16 GDPR DSGVO to obtain without undue delay the rectification or completion of your personal data stored by us;
• in accordance with Article 17 GDPR to 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;
• in accordance with Article 18 GDPR to 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 in accordance with Article 21 GDPR;
• in accordance with Article 20 GDPR to receive your personal data in a structure, commonly used and machine-readable format or have such transmitted to another controller;in accordance with Article 77 GDPR 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 UI Design Daily 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 UI Design Daily (Privacy Policy) shall apply.
4. Intellectual Property; License to Users
CC0 License
Some of the Content made available for download on the Service is subject to and licensed under the Creative Commons Zero (CC0) license ("CC0 Content"). The CC0 Content on the Service is marked with the reference "CC0 License" next to the respective picture / content made available for download. This means that to the greatest extent permitted by applicable law, the authors of the of work have dedicated the work to the public domain by waiving all of his or her rights to the CC0 Content worldwide under copyright law, including all related and neighboring rights. Subject to the CC0 License Terms the CC0 Content can be used for all personal and commercial purposes without attributing the author/ content owner of the CC0 Content or UI Design Daily.
Be aware that the patent or trademark rights of any person, nor the rights that other persons may have in the CC0 Content or in how the CC0 Content is used, such as publicity or privacy rights, are not affected by CC0. Therefore, depending on the intended use of the CC0 Content (in particular commercial purposes), in the case of the depiction of identifiable people, logos, trademark or copyrightable work depicted in the CC0 Content, you therefore may still need the permission or consent from third parties.
Furthermore, when using the CC0 Content, you may not imply endorsement of products and services by the author of the CC0-Content and/or any person, company or brand depicted in the CC0-Content.
UI Design Daily License
For all Content made available for download on the Service, that is not CC0-Content or Sponsored Content, UI Design Daily 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 UI Design Daily ("UI Design Daily License"). The Content made available for download on the Service under the UI Design Daily-License ("Premium Content") is marked with the reference "UI Design Daily License" next to the respective picture / content. UI Design Daily License does not include:
• the right to compile any UI Design Daily Content to replicate a similar or competing Service;
• the right to sell copies of the UI Design Daily Content without first updating, modifying, or otherwise incorporating new creative elements into the Content (i.e., selling unaltered copies of graphics or other content), including selling the Content as prints or printed on physical goods.
5. Restrictions on use of the Service and Content
5.1. You represent and warrant to Ui Design Daily that by using the Service you will NOT:
• impersonate any other person on the Services, e.g. a representative of UI Design Daily or any other person responsible for the Services, or impersonate any non-existent relationship with such persons;
• use the Service and/or Website for the storage, publication and/or transmission of "junk mails", chain letters, unsolicited bulk emails, etc., or for any other purpose. "("spamming");
• 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;
• use or exploit any metatags or other hidden texts containing the name or trademark of UI Design Daily without the express written consent of UI Design Daily;
• copy the look and feel of the Website.
5.2. Furthermore, despite the UI Design Daily License provided to you by UI Design Daily hereunder you agree to NOT use any Premium Content made available via the Service (in whole or in part):
• 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;
• 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;
• 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.
6. Violation of Terms and Termination of Use
6.1. UI Design Daily reserves the right to reject the publication of Content at its own discretion and to delete Content already published.
6.2. UI Design Daily 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.
6.3. If you prove within twelve (12) months after the Suspension that you have not violated the Terms the applicable Conditions of Participation, UI Design Daily will lift the Suspension.6.4. UI Design Daily expressly reserves the right to take legal action, in particular to assert claims for damages or to file criminal charges.
7. Notice of Infringements
7.1. Please let us know if you believe that any Content made available via the Service contains a violation of the law. The message can be sent by e-mail to the address hello@uidesigndaily.com.
7.2. 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 hello@uidesigndaily.com including the following information:
• a description of the rights you consider to have been infringed;
• 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;
• your address, telephone number and email address to contact you;
• 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 rightsholder or its agent.
8. Disclaimer of Warranty; Links to other third party sites
8.1. 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.
8.2. UI Design Daily does not guarantee that the content on the Website or on linked other sites is correct or complete. The content does not reflect our opinions or views on life. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit. UI Design Daily is also not responsible for the advertising of third parties published on the Website or for the goods or services offered therein.
8.3. If UI Design Daily becomes aware of any violations of the law through content, links to third-party websites or advertising published on the website, UI Design Daily will immediately delete such content, links or advertising.
8.4. UI Design Daily 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, UI Design Daily 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 UI Design Daily.
9. Liability
9.1. 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.
9.2. The above limitations of liability also apply in favour of our employees, staff, representatives and agents.
9.3. For claims under the Product Liability Act, the statutory provisions apply exclusively.
9.4. Claims for damages against UI Design Daily shall become statute-barred after twelve (12) months from the date of their creation, unless they are based on intentional or grossly negligent acts.
10. Indemnification
You agree to defend, indemnify and hold UI Design Daily and its affiliates harmless from and against any and all claims, damages, liabilities, losses or demands arising out of or in connection with (i) your use and access to the Website and/or Service; (ii) your violation of these Terms; (iii) 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.
11. Data Protection
Use of the Website and Service is subject to our Privacy Policy, which is available at https://www.uidesigndaily.com/privacy-policy.
12. Choice of law, place of jurisdiction
The law of the Federal Republic of Norway shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. For merchants, legal entities under public law and special funds under public law, the place of jurisdiction is Oslo.
13. Miscellanous
13.1. 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 UI Design Daily regarding your use of the Website and the Services.
13.2. 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.
Last modified: Aug 9, 2019
