TERMS OF USE

This website, located at www.deepdivethreads.com, or any of our affiliated sites including mobile and/or internet applications or “apps” (collectively, the “Site”), is provided by Deep Dive Threads (“we”, “us”, “ours”) to the person accessing this site (“you”, “yours”) when you visit or shop at www.deepdivethreads.com, or use Deep Dive Threads products or services. Deep Dive Threads provides these services subject to the following terms and conditions.

By using Deep Dive Threads Services, including use of this Site, you agree to these terms and conditions. Please read them carefully.

Your access to, and use of, this Site is subject to the following Terms of Use and all applicable laws and regulations. By accessing and using the Site, you accept, without limitation or qualification, these Terms of Use. Deep Dive Threads may, at any time and without notice, modify these Terms of Use by revising them on the Site. Your continued use of the Site constitutes your acceptance of any such revisions. You should therefore periodically visit this page to review the current Terms of Use. You cannot modify these Terms of Use. These Terms of Use only can be modified in a writing signed by Deep Dive Threads. If you do not agree and accept, without limitation or qualification, these Terms of Use, you must stop your use and exit the Site immediately.

Permitted Use of the Site; Termination

The information and materials on this Site are provided for general informational purposes. You may use this site solely for the purpose of learning about and/or purchasing Deep Dive Threads or its services and products. You may not use, reproduce, or distribute the text, graphics, downloads, tools, or any other content on this Site for any other purpose.

You agree that Deep Dive Threads may, without cause or prior notice, and without liability to you or any third party, immediately terminate your Deep Dive Threads membership, any promotion, accumulated reward or virtual currency associated with your membership and/or email address, access to your membership page, access/participation in any special marketing groups, access to our blog, access to or participation in any promotions or contests, or access to any of our social networking pages, in accordance with the these Terms of Use. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your membership may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Deep Dive Threads may have at law or in equity.

Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms of Use or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated membership deletions), (d) discontinuance or material modification to the Site (or any part thereof), (e) technical or security issues or problems, (f) inactivity, (g) engagement by you in fraudulent or illegal activities, (h) nonpayment of any fees owed by you in connection with the Site, and/or (i) no cause at all.

Termination of your Deep Dive Threads membership or Site access includes (a) removal of access to all offerings and features on the Site, (b) deletion of your password and all related information, files, and content associated with or inside your membership page (or any part thereof), and (c) barring of further use of your membership. Further, you agree that all terminations for cause shall be made in Deep Dive Threads' sole discretion and that Deep Dive Threads shall not be liable to you or any third party for any termination of your membership, any associated email address, or access to your membership.

You may terminate your membership, this Agreement, and your right to use your membership at any time and for any reason or no reason, by contacting us at: deepdivethreads@gmail.com


ELECTRONIC COMMUNICATIONS

When you visit this Site, send emails to Deep Dive Threads or when we post notices on our site or services or communicate with you via email, you are communicating with us electronically. This section informs you of your rights when receiving electronic communications from us. By accessing and using the Site, you consent to receive communications from us electronically. You agree that all notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Your consent to receive communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with Deep Dive Threads.

We may also use your email address to send you other messages, such as changes to features of our service, newsletters, and additional email messages about our products, services, contests, and promotions that we feel may be of interest to you. If you no longer wish to receive these types of promotional communications from us, you may select the unsubscribe link which is present in each email. Opting out may prevent you from receiving email messages regarding special offers, improvements, or other updates.


Please keep us informed of any changes in your email address so you may continue to receive our communications without interruption.

COPYRIGHT

All content included in or made available through any Deep Dive Threads Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Deep Dive Threads or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Deep Dive Threads service is the exclusive property of Deep Dive Threads and protected by U.S. and international copyright laws.

In some circumstances, it is possible to use a copyrighted work without infringing on the owner’s copyright. For example, in the United States, copyrights are limited by the doctrine of “fair use,” which permits certain uses of copyrighted material, such as parody, satire, and social commentary.

TRADEMARKS

In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Deep Dive Threads Service are trademarks or trade dress of Deep Dive Threads in the U.S. and other countries. Deep Dive Threads’ trademarks and trade dress may not be used in connection with any product or service that is not Deep Dive Threads’, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Deep Dive Threads. All other trademarks not owned by Deep Dive Threads that appear in any Deep Dive Threads service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Deep Dive Threads.

DIGITAL MILLENNIUM COPYRIGHT ACT

Deep Dive Thread's accepts unsolicited designs from independent artists who are informed and have agreed to Deep Dive Thread’s policies concerning the intellectual property rights of others. All designs selected by Deep Dive Threads are new, original, and/or transformative works that may parody, satirize, or provide social commentary on other copyrighted works. Deep Dive Thread's and the selected designs make only fair use of the copyrighted works of others. Deep Dive Thread's respects the copyrights of others, and Deep Dive Thread's is not affiliated with the owners of the copyrights to which the selected designs may refer.

It is Deep Dive Thread's policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512, and other applicable laws. Deep Dive Thread's response may include removing or disabling access to a design claimed to be infringing. If Deep Dive Thread's removes or disables access in response to such a notice, Deep Dive Thread's will make a good-faith attempt to contact the independent artist who submitted the design to Deep Dive Thread's so that the artist may make a counter-notification pursuant to Section 512(g)(2) and (3) of the DMCA.

COPYRIGHT AND TRADEMARK COMPLAINTS

If you believe that your work has been copied in a way that constitutes copyright infringement, please refer to the following detailed instructions which must be followed to protect your rights under the DMCA and all applicable intellectual property laws.

Instructions for Copyright Owners:

  1. Deep Dive Threads will only respond to notifications that contain the following:

1.1             A description of the design that is claimed to be infringing and its URL on the Deep Dive Thread's website.

1.2             A complete description of the copyrighted work claimed to have been infringed or, if multiple copyrighted works are claimed to have been infringed, a representative list of such works and descriptions thereof. The description should identify all related copyright registration numbers.

1.3             A statement providing the basis for the complaint.

1.4             The following contact information

  1. The complaining party’s full legal name
  2. The authorized agent’s full legal name (if applicable)
  3. A postal address for contacting the complaining party
  4. An e-mail address for contacting the complaining party
  5. A phone number for contacting the complaining party

1.5             The following statements

  1. “I have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.”
  2. “This notification is accurate.”
  3. “UNDER PENALTY OF PERJURY, I am the owner of an exclusive right that is allegedly infringed” or, if an authorized agent is submitting the notification, “UNDER PENALTY OF PERJURY, I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
  4. “I acknowledge that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages.”

1.6             A physical or electronic signature of the complaining party or the authorized agent thereof.

1.7             Your authority for submitting the notification (e.g., copyright owner, authorized agent of copyright owner)

  1. The complaining party or authorized agent thereof should file the notification either (1) using one of the contact means identified in the U.S. Copyright Office’s online service provider directory for Deep Dive Threads(www.copyright.gov/onlinesp/), (2) contacting Deep Dive Threads by email at legal@deepdivethreads.com, (3) sending all required documentation to

Deep Dive Threads LLC, PO Box 20585, Columbus Ohio, 43220.

  1. Any communication to Deep Dive Threads alleging copyright or trademark infringement that does not comply with the requirements set forth in Sections 1.1 through 1.7 will be considered incomplete.
  2. Upon receipt of a complete notification, Deep Dive Threads will remove or disable access to the design that is claimed to be infringing from the Deep Dive Threads website. The independent artist who submitted the design will be forwarded a copy of the notification and will be alerted that access to the design has been removed or disabled
  3. Failure to provide a complete notification in compliance with sections 1.1 through 1.7 within 30 days of the claimant’s first communication to Deep Dive Threads will result in the claim being considered invalid, and Deep Dive Threads may leave the allegedly infringing material available to view and purchase on its site at its discretion.

Instructions for Independent Artists:

  1. Any complaining party or authorized agent thereof following the procedures in Sections 1 and 2 above can require Deep Dive Threads to remove or disable access to copyrighted content. When Deep Dive Threads receives a proper notification from a complaining party or authorized agent thereof, Deep Dive Threads will immediately comply. This is a legal requirement; you will not receive advance warning and you will not be given an opportunity to “fix it” first.
  2. If you are found to repeatedly submit infringing designs, your account will be suspended. Serious offenders will have their account deactivated and will be permanently banned from submitting designs. Deep Dive Thread considers “three strikes” as an indication of being a serious offender. In addition, if you are found deliberately misrepresenting the copyrighted work of another as your own, your account will be immediately deactivated and you will be permanently banned from submitting designs.
  3. If you are found to repeatedly submit infringing designs, your account will be suspended. Serious offenders will have their account deactivated and will be permanently banned from submitting designs. Deep Dive Threads considers “three strikes” as an indication of being a serious offender. In addition, if you are found deliberately misrepresenting the copyrighted work of another as your own, your account will be immediately deactivated and you will be permanently banned from submitting designs.
  4. Deep Dive Threads will only respond to counter-notifications that contain the following:

9.1       A description of the design that is claimed to be infringing and its URL at the Deep Dive Threads website before access to the design was removed or disabled.

9.2       A statement why the claim of copyright infringement should be rejected.

9.3       The following contact information

  1. The responding party’s full legal name.
  2. The authorized agent’s full legal name (if applicable).
  3. A postal address for contacting the responding party.
  4. An e-mail address for contacting the responding party.
  5. A phone number for contacting the responding party.

9.4       The following statements

  1. “UNDER PENALTY OF PERJURY, I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.”
  2. “UNDER PENALTY OF PERJURY, I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.”
  3. “I will accept service of process from the person who provided notification under Section 512(c)(1)(C) of the DMCA or the agent of such person.”
  4. “I acknowledge that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability for damages.”
  5. A physical or electronic signature of the responding party or authorized agent thereof.
  6. Your authority for submitting the counter-notification (e.g., independent artist who submitted the design, authorized agent of independent artist who submitted the design)
  7. The responding party or the authorized agent thereof should file the notification either (1) using one of the contact means identified in the U.S. Copyright Office’s online service provider directory for Deep Dive Threads(www.copyright.gov/onlinesp/), (2) contacting Deep Dive Threads by email at legal@deepdivethreads.com
  8. If Deep Dive Threads receives your counter-notification, but your design does not comply with the Deep Dive Thread's Artist’s Agreement and/or the Deep Dive Threads Terms of Use, Deep Dive Threads may inform you that Deep Dive Threads is not be able to reinstate your work. Deep Dive Threads may also request further information from you in order to determine whether the work can be reinstated.
  9. In many circumstances, Deep Dive Threads will forward your counter-notification (including the contact information in Section 9.3) to the complaining party or authorized agent thereof. At that time the complaining party may take legal action against you in Federal District Court. If after 14 days the complaining party has not taken legal action against you, you may contact Deep Dive Threads to request that Deep Dive Threads reinstate your work. If your work otherwise complies with Deep Dive Thread's Agreement and/or the Deep Dive Threads Terms of Use, Deep Dive Threads may reinstate your work at that time

    LICENSE AND ACCESS

    Subject to your compliance with these Terms of Use and your payment of any applicable fees, Deep Dive Threads or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Deep Dive Threads services. This license does not include any resale or commercial use of any Deep Dive Threads service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Deep Dive Threads service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Use or any Service Terms are reserved and retained by Deep Dive Threads or its licensors, suppliers, rightsholders, or other content providers. No Deep Dive Threads service, nor any part of any Deep Dive Threads service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Deep Dive Threads. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Deep Dive Threads without express written consent. You may not use any meta tags or any other “hidden text” utilizing Deep Dive Threads’s name or trademarks without the express written consent of Deep Dive Threads. You may not misuse the Deep Dive Threads services. You may use the Deep Dive Threads services only as permitted by law. The licenses granted by Deep Dive Threads terminate if you do not comply with these Terms of Use.

    YOUR ACCOUNT

    If you use any Deep Dive Threads service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Deep Dive Threads might sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Deep Dive Threads’ services only with involvement of a parent or guardian. Deep Dive Threads reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

    User-Submitted Content and Interaction with Other Users

    Deep Dive Threads may, from time to time, offer interactive features that allow users to submit content to the Site. Deep Dive Threads has the right but not the obligation to monitor and edit or remove any activity or content.

    You acknowledge that by providing the ability to view and distribute user-generated content on the Site, Deep Dive Threads is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability related thereto. By submitting any user-generated content, you represent and warrant that: (a) you are the sole creator and/or author of any such content including any intellectual property rights therein, or before posting, you obtained from the copyright owner the right to use and authorize Deep Dive Threads to use; (b) you hereby waive any moral rights you may have in such user-generated content; (c) and all such content is true and accurate; and (d) you are the person appearing in any photograph or content uploaded. In any event, Deep Dive Threads reserves the right to block or remove communications or materials that it determines to be unacceptable to Deep Dive Threads in its sole discretion.

    By submitting any user-generated content, you hereby grant Deep Dive Threads (1) a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, and/or sell and/or distribute such content and/or incorporate such content into any form, medium, or technology throughout the world without compensation to you; and (2) the rights to publicity to use your name and/or likeness. If you are under the age of 18, you represent and warrant that you have your parent and/or legal guardians’ permission to make such grants. All content that you submit may be used at Deep Dive Threads' sole discretion without any obligation of confidentiality.

    Harassment in any manner or form on the Site, including via email, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Deep Dive Threads employee, host, or representative, as well as other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is false, misleading, inaccurate, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable in a manner in which may constitute or encourage a criminal offense, violate the rights (including intellectual property rights or rights of publicity or privacy) of any party, or which may otherwise give rise to liability or violate any law.

    You alone are responsible for your involvement with other users. If you have a dispute with one or more users, you irrevocably and forever release Deep Dive Threads (and Deep Dive Threads's officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

    You represent and warrant that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Deep Dive Threads for all claims resulting from content you supply. Deep Dive Threads takes no responsibility and assumes no liability for any content posted by you or any third party.

    RISK OF LOSS

    All items purchased from Deep Dive Threads are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

    RETURNS, REFUNDS AND TITLE

    Deep Dive Threads does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Deep Dive Threads does not take title to the refunded item.

    PRODUCT DESCRIPTIONS, COLORS

    Deep Dive Threads does not warrant that product descriptions or other content of any Deep Dive Threads service is accurate, complete, reliable, current, or error-free. If a product offered by Deep Dive Threads itself is not as described, your sole remedy is to return it in unused condition.

    The colors shown on the Site may be influenced by the settings of your computer or your monitor. Accordingly, Deep Dive Threads makes no guarantees that any actual colors of products or features will be true or accurate.

    PRICING

    Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Deep Dive Threads is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

    In the event that a product is mistakenly listed at an incorrect price or with incorrect specifications, Deep Dive Threads reserves the right to refuse or cancel any orders placed for product listed incorrectly, whether or not the order has been confirmed and your credit card charged. If your credit card has been charged for the purchase and your order is cancelled, Deep Dive Threads shall issue a credit to your credit card account in the amount of the incorrect price charged. In no event shall Deep Dive Threads be obligated to provide you the merchandise at the incorrect price.


    DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

    THE DEEP DIVE THREADS SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE DEEP DIVE THREADS SERVICES ARE PROVIDED BY DEEP DIVE THREADS ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. DEEP DIVE THREADS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE DEEP DIVE THREADS SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR DEEP DIVE THREADS SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE DEEP DIVE THREADS SERVICES IS AT YOUR SOLE RISK.

    TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DEEP DIVE THREADS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DEEP DIVE THREADS DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH DEEP DIVE THREADS SERVICES, DEEP DIVE THREADS’ SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM DEEP DIVE THREADS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DEEP DIVE THREADS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY DEEP DIVE THREADS SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY DEEP DIVE THREADS SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

    CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

    Indemnification

    You agree to indemnify, defend, and hold harmless Deep Dive Threads, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use or any activity related to your membership (including negligent or wrongful conduct) by you or any other person accessing this Site using your Internet account. You are responsible for protecting and not disclosing your user name and password to others.

    APPLICABLE LAW

    By using any Deep Dive Threads Service, you agree that applicable federal law, and the laws of the state of Ohio, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Deep Dive Threads.