The fine print · DDC®
These terms cover how you use this website. Written to be read, not skimmed past. By browsing daytimedesign.co you are agreeing to them.
These Terms of Use ("Terms," or "Agreement") are between you, the website user, and Daytime Design Co. LLC, a Minnesota limited liability company ("Company," "DDC," "we," "us," "our"). They govern how you may access and use the website at www.daytimedesign.co and any related domains or subdomains (the "Website"). You and the Company are referred to together as the "Parties," and each individually as a "Party."
By accessing the Website you are agreeing to these Terms and to our Privacy Policy, which is incorporated here by reference. This Agreement is binding as of the date you access the Website. If you do not agree to these Terms and our Privacy Policy, or you are not legally able to form a binding contract, please stop using the Website.
Please note that these Terms govern your use of this website only. Design services engaged with DDC are governed by a separate signed services agreement between DDC and the client. Where the two documents conflict on a matter of services, the signed services agreement controls.
The Website is offered to users who are at least 13 years old. If you are not at least 13, you are not permitted to use the Website. By continuing to use it you are representing that you meet the minimum age required to form a binding contract in your jurisdiction.
We may update and revise these Terms at any time without notice to you. The date these Terms were last updated appears at the top of this page. Your continued use of the Website after we update these Terms indicates your acceptance of the changes.
As the studio evolves, this Website and its contents evolve with it. We reserve the right to delete, withdraw, or edit the Website and any service or material we provide on it, at any time, without notice. We are not liable to you if the Website or any part of it is unavailable, including while we are making edits, changes, or amendments. Thank you for understanding.
If you are prompted to provide information to access the Website or any part of it, you warrant that the information you provide is correct.
We respect your privacy and are committed to protecting it. We may use certain information we collect from you to operate our business and this Website. Please review our Privacy Policy to understand the types of data we collect from you and your devices ("Data") and how we use it. By continuing to use the Website you are agreeing to how we collect and use your Data as described in these Terms and our Privacy Policy.
This Website does not offer user accounts or logins. If we ever add them, and you are given or choose a username, password, or other security credential, you agree to treat that information as confidential, not to share it with anyone else, and to notify us immediately of any unauthorized access. We may disable any credential at our discretion, including where in our opinion you have violated these Terms.
We enjoy sharing our work and creating useful content on this Website. Making that content publicly available does not give it away. All intellectual property rights in the Website and its contents, including but not limited to trademarks, copyrighted material, design work, layouts, illustrations, photography, written content, trade secrets, and other proprietary information, are owned by the Company or its licensors. The Company holds the sole exclusive right to reproduce, share, and create derivative works from that intellectual property.
You may access the Website and its content for your personal, non-commercial use only. Your browser may incidentally and automatically store copies of our content for ease of access. Beyond that, you may not reproduce, modify, republish, sell, or distribute material contained on or downloaded from the Website.
You may not use the Company's trademarks, including brand names, logo marks, service marks, designs, and slogans, without written permission from the Company.
On using our work as a reference. Studying design you admire is how the craft moves forward, and we are genuinely glad this work is useful to look at. Copying it is a different thing. Reproducing DDC work, or work DDC produced for a client, as your own or as a template for sale is not permitted.
This Website features case studies and portfolio work produced by DDC for clients. Client names, logos, trademarks, product names, and brand assets shown in that work belong to those clients, not to DDC, and appear here to document work DDC performed. Nothing on this Website transfers any right in a client's marks or assets to you, and nothing here should be read as an endorsement of you or your business by any client featured.
Some case studies describe work for clients who are not publicly named, or show work in simplified or anonymized form, at the client's request.
Thank you for your interest in linking to this Website or our social accounts. Before you place a link, please follow these guidelines.
The Website should only be accessed and used for lawful purposes, in line with these Terms. You may not use the Website:
Further, you may not:
The Website includes features that let you send information to us, such as the contact form and the newsletter signup. All submissions are non-confidential. You relinquish to the Company all proprietary rights in a submission upon sending it, and you agree that anything you submit through the Website grants the Company and its designees the right to use that material for any purpose.
You are solely responsible and liable for any submission you make. The Company is not liable in any way for your submissions.
If you are sending us confidential business information as part of a prospective engagement, please tell us so directly and we will handle it under a separate agreement rather than through a web form.
By submitting reviews, images, comments, testimonials, or tags to us on any platform, including social media and online reviews, you grant us a commercial license and voluntarily release us to use those submissions for any reasonable future business use. In doing so we may use your name, your photo, and any other information you have publicly acknowledged when referring to your submission on this Website, in marketing materials, in guides, and on other platforms.
We cannot review every submission before it reaches us, so we cannot be held liable for failing to remove objectionable material. We may remove user submissions and content for any reason, at our sole discretion, without notice to you, and we may terminate a user's access to the Website for any reason without notice.
You understand that the Company may be required to disclose your identity or personally identifiable information because of third-party claims, legal matters, or compliance with law enforcement agencies, court orders, or other appropriate directives. You agree that the Company will not be liable to you for any disclosure made under those circumstances.
The Company reserves the right to take legal action against any user, person, or entity that violates this Agreement.
We care about keeping this a safe, inclusive space. We do not tolerate hate speech, sexually explicit material, copyright infringement, or anything else listed below. Submissions to us may not:
If you see content that does not follow these Terms, please tell us so we can look into it.
We do not warrant the accuracy, completeness, or usefulness of the information on this Website. Any reliance you place on it is at your own risk.
You understand and agree that this Website and its content are informational in nature and do not constitute legal, medical, financial, or other professional industry-specific advice. Content on this Website does not create a client relationship with DDC. A client relationship begins only when both parties sign a services agreement. The Company is not responsible for any damages resulting from your use of this Website and its content.
From time to time we link to external websites and sources outside our Company for your convenience, including third-party websites, client sites, and tools we use. We have no control over the contents of those sites and no ability to change or amend them. Their terms and privacy practices are their own.
The owner of this Website is based in the State of Minnesota in the United States. We provide this Website for use by persons located in the United States. We make no representation that the Website or its content is appropriate or available for use in other locations. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local law.
The Company provides this Website and all content accessible through it on an "as-is" basis, for individual use, at your own risk, and without warranties of any kind, whether express or implied, including warranties of title, merchantability, fitness for a particular purpose, or any rights or licenses under this Agreement. We cannot guarantee that the Website and any downloadable content will be free from viruses or other harmful code. The Company makes no warranty as to the accuracy or reliability of information set out on the Website. To the fullest extent permissible, the Company disclaims liability for any damages you sustain as a result of accessing or using the Website, its content, or any linked third-party website or content.
You understand and agree that the Company does not guarantee specific results, including financial or other business gains, for you personally or for your business. Information on the Website is provided for informational purposes only, and you are responsible for implementing any business practice or suggested action you find here.
The Company is not liable to you or any third party for any damages, including punitive or exemplary damages or damages resulting from negligence, relating to this Agreement or your use of this Website, regardless of whether you were advised of such damages, the foreseeable nature of the damages, or the legal or equitable theory on which the claim is based. If found applicable by a court of competent jurisdiction or by law, the Company's total liability arising out of or related to this Agreement and your use of the Website will be limited to the total amount paid to the Company in the twelve months preceding the event giving rise to the claim.
This provision does not purport to affect any liability that cannot be excluded or limited under applicable law.
You agree to defend, indemnify, and hold harmless the Company and its designees in all cases arising out of your use of this Website, its content, our services, or any information contained in them.
If a dispute arises between the Parties that cannot be resolved by mutual understanding, the Parties agree that the dispute will be handled through binding arbitration under the rules of the American Arbitration Association. The Parties understand that they will be bound by any decision rendered by the arbitrator or in the arbitration proceedings. The arbitration will be held in Hennepin County, Minnesota. If arbitration cannot proceed in that jurisdiction, the Company will elect another venue. The Parties will share equally in the costs and expenses of arbitration and any related proceedings.
This Agreement and the Parties' relationship are governed by the laws of the State of Minnesota, without regard to its conflict of law provisions. In the event of conflicting laws, the laws of the State of Minnesota will control.
If any provision of these Terms is held invalid, illegal, or unenforceable by a court with jurisdiction, all other provisions remain valid and enforceable. Failing to enforce a right or provision of this Agreement does not waive our ability to enforce the same right or provision later. A right or provision is waived only if waived in writing by an authorized representative of the Company.
You may not transfer or assign any of your rights under this Agreement to a third party without the Company's express written consent.
We may provide notice to you by sending a message to the email address you provided, or by posting to the Website. Notice sent by email is effective at the time of sending. Notice posted to the Website is effective upon posting.
You may provide notice to the Company by email to hello@daytimedesign.co. Legal notices, including notices relating to intellectual property and copyright infringement claims, should be sent by certified mail to Daytime Design Co. LLC at its registered office address on file with the Minnesota Secretary of State, with a copy emailed to hello@daytimedesign.co. Notice provided by certified mail is effective upon actual receipt.
All other requests and communications relating to the Website should be directed to hello@daytimedesign.co or through our contact page.
These Terms constitute the final agreement between you and the Company regarding your use of this Website, and supersede all prior agreements on that subject. The Company reserves all rights not expressly granted in these Terms. Headings are included for convenience and reference only, and are not meant to describe, define, or limit the scope or intent of any provision.
Thank you for reading this in full. Now go look at the work.