Deeper than the sea License Agreement(s)
Deeper than the sea, customers:
The following Terms of Service (“TOS”) are a legal agreement between you or the employer or other entity on whose behalf you are signing this Agreement (“you” or “customer”) and Deeper than the Sea, and set forth the rights and obligations related to any content licensed by you.
Please review these terms of service again when purchasing any content licenses. Deeper than the sea reserves the right to modify the terms of service at any time. Before these changes take effect, Deeper than the sea will make reasonable efforts to notify you of any such changes. This type of notification can be sent via email to the email address saved in your Deeper than the sea account, announcements on this page, your login page, and/or through other means. The modifications to these terms of service only apply to future purchases (including any automatic renewals). By licensing any such modified content, you agree to be bound by the modified terms of service.
If you purchase a subscription for the “Deeper than the Sea” service, the service will be subject to the Software as a Service terms provided here
Content “refers to all content authorized by Deeper than the sea website, including images.
‘Image’ refers to static photos, drawings, graphics, etc.
Part 1- Visual Content License
Deeper than the sea hereby grants you a non exclusive, non transferable right to permanently use, modify (unless expressly prohibited in this document), and reproduce visual content worldwide, as permitted by applicable licenses and subject to the limitations set forth in this document:
Image License
The Standard Image License grants you the right to use images:
As digital replicas, including on websites, online advertising, social media, mobile advertising, mobile “applications,” software, electronic greeting cards, electronic publications (e-books, e-magazines, blogs, etc.), email marketing, and online media (including video sharing services such as YouTube, Dailymotion, Vimeo, etc., subject to budget limitations set forth in Section Iai4 below);
Printed in physical form as part of product packaging and labels, letterheads and business cards, point of sale advertising, CD and DVD cover art, or in the form of advertisements and copies in tangible media, including magazines, newspapers, and books, but the number of image reproductions shall not exceed 500000 times;
As part of the “outdoor” advertising campaign, it includes placement on billboards, street furniture, etc., but the total number of displays for the target audience of such activities shall not exceed 500000 times.
Integrate into movies, videos, TV dramas, advertisements, or other audiovisual works, and distribute them through any media known now or designed in the future, regardless of the audience size, but the budget for such works shall not exceed $10000;
For your personal, non-commercial use only (not for resale, download, distribution, or any form of commercial use)
The Enhanced Image License grants you the right to use the image (which is a supplement to the aforementioned rights and is exclusive to the Enhanced Image License):
In any way permitted by the standard image license, without limitations on the number of copies, impressions, or budget;
Include goods for sale or promotional distribution (collectively referred to as “goods”), including but not limited to textiles, art pieces, magnets, wall art, calendars, toys, stationery, greeting cards, and any other physical replicas for resale or distribution, provided that such goods contain material creativity or functional elements in addition to images.
Wall art (without further creative or functional elements) is used for decorative purposes in commercial spaces owned by you or your clients, without
The Video Synthesis License grants you the right to use low resolution videos with watermarks as synthesized videos (hereinafter referred to as “synthesized videos”), but only for testing, sampling, synthesis, or rough cut evaluation materials. The video synthesis license does not allow you to display or distribute such videos to the public, or include them in any final materials. Composite videos can be edited, but you are not allowed to delete or modify Deeper than the sea watermark. When downloading a composite video as a composite video, permission can be obtained based on the video usage license, but Deeper than the sea makes no guarantees and assumes no obligation to ensure that the composite video can be licensed at any time thereafter.
Edit License
The editing license grants you the right to edit a piece of content for one-time use, which can be permanently distributed worldwide.
The term ‘one-time use’ in this license refers to the one-time use of editorial content in a single context (i.e. news reports, blog posts, publication pages), provided that you have the right to distribute such use in unlimited media and distribution channels. For example, using edited content to illustrate a printed article may be reused on blogs, social media, etc., provided it is relevant to the original printed article. Any use unrelated to the original printed article requires additional permission.
The “editorial use” in this license refers to the use for descriptive purposes in the context of news value or humanistic care, and explicitly excludes commercial uses such as advertising or product promotion.
The use of any editorial content licensed under this Agreement is subject to the restrictions specified in Section 4 of Part I (prohibiting distribution through broadcast/cable/OTT, use for publication covers, and print runs exceeding 500000 copies) and any “special restrictions” (such as geographic or industry-specific usage restrictions) indicated on the image details page and/or included in the metadata attached to the editorial content item.
For the purposes of these Terms of Service, all editorial content shall be deemed to be “for editorial use only”.
Visual content usage restrictions
You are not allowed to:
Use visual content other than those explicitly stated in the license you purchased for such visual content.
Describing any person (“model”) in visual content in a way that a rational person would find offensive, including but not limited to depicting models as: a) related to pornography, “adult videos,” adult entertainment venues, escort services, dating services, or similar content; b) Related to advertising or promotion of tobacco products; c) In the political context, such as the propaganda, advertising, or support of any political party, candidate, or elected official, or related to any political policy or viewpoint; d) Suffering from physical or mental illness, or undergoing treatment for physical or mental illness; Or e) engage in unethical or criminal activities.
Using any visual content in pornographic, defamatory, or deceptive content, or using any visual content in a manner that may be deemed defamatory, obscene, or illegal.
Modify visual content designated as’ for editorial use only ‘in a way that alters the depicted content.
Use visual content designated as’ for editorial purposes only ‘(including but not limited to editorial content) for commercial purposes, including reference in any advertising, product, or other non editorial environment.
Resale, redistribute, provide access, share or transfer any visual content, unless otherwise expressly provided in this document. For example (but not limited to), the above terms prohibit displaying content as a content “gallery” or part of a content “gallery”, and third parties can search and select such content through the gallery.
Using visual content in a manner that infringes upon any third-party trademark or other intellectual property rights, or causing claims for deceptive advertising or unfair competition.
Use any visual content (in whole or in part) as a trademark, service mark, logo, or other indication of origin, or as part of it.
Falsely state, either explicitly or by reasonable implication, that any visual content is created by someone other than you or the copyright holder of that visual content.
Edit specific restrictions
Use any edited content in multimedia works distributed through broadcasting, cable networks, OTT video services (such as Netflix, Hulu, Amazon), cinemas, or related promotional materials.
Use any editorial content on the cover, wrapper, or other packaging related to the basic purpose of the publication.
Use any edited content in publications with a print run exceeding 500000 copies.
Credit and Copyright Statement
When using images and videos in news reports, comments, publications, or any other “editing” context, adjacent recognition of contributors to “Deeper than the Sea” and “Deeper than the Sea” should be attached, in the following form:
Artist name/Deeper than the sea
The editor’s acknowledgement should take the following form:
Artist Name/Agency Name/Deeper than the Sea
If it is commercially reasonable to use images or videos in goods or audiovisual works, recognition of Deeper than the Sea should be attached, in the following form:
Images or videos (if applicable) authorized for use by Deeper than the sea
For any other use of videos or images, there is no need to indicate the source unless other inventory content provided indicates the source for the same purpose. For clarity, the edited content always needs to indicate the source.
In all cases, copyright and ownership should have appropriate size, color, and prominence for clear and easy to read by the naked eye.
Part Three – Warranty and Disclaimer
Deeper than the sea guarantees and represents:
The contributors of ‘Deeper than the Sea’ have granted all necessary rights to the content of ‘Deeper than the Sea’ to grant the applicable rights in Part One or Part Two.
Videos and images shall remain in their original, unmodified form and fully comply with these Terms of Service and applicable laws, and shall not: i) infringe any copyright, trademark or other intellectual property rights; Ii) Infringe upon the privacy or disclosure rights of any third party; Iii) Violating any US laws, regulations, ordinances, or rules; Or iv) defamation, slander, pornography or obscenity.
The edited content exists in its original and unchanged form, and is used in full compliance with these terms of service and applicable laws, without infringing on the copyright of any third party. However, the above guarantees do not apply to the elements described in the edited content.
Although Deeper than the sea will make commercially reasonable efforts to ensure the accuracy of keywords and descriptions, as well as the completeness of visual content designated for editorial use only, Deeper than the sea does not provide any warranties and/or representations regarding: I) keywords, titles, or descriptions; Or II) Audio in the video. For clarity, Deeper than the sea will not compensate or assume any responsibility for any claims arising from inaccurate keywords, titles or descriptions, or any audio in the video.
Deeper than the sea makes no representations or warranties other than those explicitly stated in this “warranties and representations” section.
Part V – Additional Provisions
Deeper than the sea has no obligation to refund under any circumstances except as required by law. All fees are non refundable, and you authorize Deeper than the sea to charge you all subscription fees within the agreed upon period at the time of purchase. If Deeper than the sea determines that you have the right to refund all or part of the fees you paid, the refund should be made using the payment method you originally used for the purchase. If you reside in the European Union and cancel your account within fourteen (14) days after making payment to Deeper than the sea, provided that you have not downloaded or licensed any visual content, Deeper than the sea will refund the amount you paid for the account cancellation. To cancel your account, please contact customer service. (Email: dailidedede@gmail.com ).
The fees charged by Deeper than the Sea do not include taxes, and all such taxes (whether direct or indirect) should be included in the fees related to the products you purchase. If Deeper than the Sea is subject to indirect taxes and/or transaction taxes (such as sales tax, value-added tax, goods and services tax, etc.) under the laws of your state or country of residence, you shall be responsible for paying any such indirect taxes. If Deeper than the sea or if you need to levy or remit direct or indirect taxes, you may need to assess the above taxes and fees on your own according to the applicable laws of your country of residence.
The term ‘non transferable’ used in this article refers to the fact that, unless otherwise specified in these Terms of Service, you may not sell, rent, load, gift, sublicense, or otherwise transfer the content or the right to use the content to anyone. However, you may transfer the content to a third party at once for the sole purpose of enabling the third party to print and/or manufacture goods containing the content in accordance with the terms and conditions of this document. If you find that any social media website uses any content in a way that exceeds your permission under this article, you agree to remove all derivative works containing the content from that social media website and immediately notify Deeper than the sea of the use of each such social media website. You agree to take all commercially reasonable measures to prevent third parties from copying any content. If you find any unauthorized copying of content, please contact customer service. (Email: dailidedede@gmail.com ).
After receiving notice from “Bihai Shen”, or if you become aware of any content threatened by infringement claims or actual claims, violations of other rights, or any other claims for which “Bihai Shen” may be liable, or if Bihai Shen deletes any content based on reasonable judgment of commercial risk and notifies you of such deletion, you will delete the content from your computer system and storage device (electronic or physical), and if possible, at your own expense, cease any future use of the deleted content. Bi Hai Shen shall provide you with comparable content free of charge (comparability will be determined by Bi Hai Shen based on its reasonable business judgment), but must comply with the terms and conditions of these Terms of Service.
If you use any content as part of a work product created or delivered by a customer or client, you will disclose the identity of such customer or client to Deeper than the sea upon reasonable request.
Without the prior written approval of the other party, neither party may transfer this agreement, but “Deep Sea” may transfer this agreement to its subsidiaries, affiliates within the “Deep Sea” group, entities arising from mergers or other corporate reorganizations involving “Deep Sea”, or entities acquiring all or most of “Deep Sea”‘s assets or capital stocks.
These terms of service should not be interpreted as unfavorable or favorable to any party, but should be interpreted in accordance with the fair meaning of the language in these terms of service. These Terms of Service shall be governed by the laws of the applicable jurisdiction set forth in Article 5.24 and shall be interpreted in accordance with such laws, without regard to its principles of conflict of laws.
If you sign these terms of service on behalf of your employer or other entity, you guarantee and declare that you have all the rights and authority to do so. If you do not have such permission, you agree that you will be personally responsible to Deeper than the sea for any violation of these terms of service. You hereby grant Deeper than the sea a limited, non exclusive license worldwide to use your trademark in Deeper than the sea promotional materials (including public customer lists). Deeper than the sea’s use of your trademark should always comply with the trademark usage policy you provided to Deeper than the sea at the time and should always benefit you. Deeper than the sea further agrees that it will receive the message you sent to Deeper than the sea dailidedede@gmail.com Within thirty (30) days from the date of the email request, make commercially reasonable efforts to terminate any specific use of your trademark.
Unless otherwise specified by the coupon, any coupon or discount code used for purchases made here is only applicable for the first payment associated with that purchase.
If any individual provision in these Terms of Service is determined by any law or regulatory authority with jurisdiction to be invalid or unenforceable, such determination shall be limited to that invalid or unenforceable part only and shall not affect the remaining parts of that individual provision or any other part of these Terms of Service, and therefore the remaining parts of these Terms of Service shall remain fully effective.
You expressly agree that any feedback provided by Deeper than the sea or its representatives regarding any issues you may have with the use of this TOS or the content licensed under this TOS is for the sole purpose of interpreting this TOS and is not legal advice. Deeper than the sea is unable to provide you with legal advice and expressly denies any responsibility related to any feedback provided by Deeper than the sea or its representatives.
Both parties expressly understand and agree that these terms of service are only established for the common interests of both parties, and are not intended to provide any benefits, rights, duties or obligations to third parties.
If you violate any terms of this agreement or any other agreement signed with Deeper than the sea, Deeper than the sea has the right to terminate your account without further notice, and Deeper than the sea also has other legal and/or equitable rights. If your account is terminated due to breach of contract, Deeper than the sea is not obligated to refund any fees you have paid.
Except as expressly provided in the applicable licenses and warranties section of this article, Deeper than the sea does not grant any rights or provide any further warranties. Deeper than the sea only publishes models or properties explicitly stated on the Deeper than the sea website.
The “Deeper than Sea” liability under any individual license purchased under this agreement shall not exceed the “liability limit” applicable to the license in effect at the time of your knowledge or should have known of the claim, and shall not be related to the number of times you authorize or use the subject matter.
Except as otherwise expressly provided in Part IV of this Agreement, in no event shall the total cumulative liability (whether in contract, tort, or otherwise) incurred by or in connection with your use or inability to use the “Deeper than Sea” website and/or the content contained therein for any claim made by “Deeper than Sea” against you or any third party through you exceed the amount actually received from you for the content license applicable to “Deeper than Sea”.
Neither Deeper than the Sea nor any of its officers, employees, managers, members, shareholders, directors, or suppliers shall be liable to you or any other individual or entity for any general, punitive, special, indirect, consequential, or incidental damages, or loss of profit, or any other damages, expenses, or losses arising from your use of the Content, Deepsea’s breach of this Agreement, or any other circumstances, unless otherwise expressly provided in this document, even if Deeper than the Sea has been advised of the possibility of such damages, expenses, or losses.
Except as expressly provided in Part III, all content is provided “as is” without any express or implied warranties, including but not limited to implied warranties of non infringement, merchantability, or fitness for a particular purpose. If the content is modified or used in a specific environment, some content may contain elements that require additional licenses. If you make such modifications or use the content in such an environment, you are responsible for obtaining any additional licenses required for this.
Deeper than the sea does not guarantee that the content, Deeper than the sea website, or other materials will meet your requirements, or that there will be no interruptions or errors during use. All risks related to the quality, performance, and use of the content are solely borne by you