Terms & Conditions

Deep Water Ent LLC Writing Services

Terms & Conditions

Welcome to Deep Water Entertainment. The continued use of our Services constitutes your agreement to the Terms of Service ("Terms") detailed below. Such Terms shall be effective September, 2021. Such Terms may be modified on this page at any time at the sole discretion of Deep Water Entertainment LLC (“Deep Water Ent") without prior notice to the visitors, users, and clients (collectively, "Users") of Deep Water Entertainment LLC’s services. Users should frequently visit this page and make themselves aware of any changes to these Terms which incorporate the Privacy Policy and Writer Service Agreement.

If you disagree with the Terms, your sole remedy is to discontinue your use of our future services. Your continued use after a change has been posted constitutes your acceptance of those changes.

Definitions

As used throughout these Terms and deepwaterent.com ”Services" means the Deep Water Ent LLC’s Services you agree to when you become a User and use the Site's Services. "Buyer" means a User that purchases Writer Services. "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction. "Assignment" means the request submitted by a Buyer to Deep Water Ent seeking writing services to satisfy a Buyer's aim to obtain content. "Site" means the domain, and all subdomains, of deepwaterent.com. "Submission" means any and all work product developed by Writer in carrying out Writer Services as required to complete the Job and delivered to the client. "Writer" means a User that offers and delivers services through the Site. "Writer Contract" shall have the meaning given to it below. "Writer Services" means all services delivered by Writers. "Visitor" means a person who is only visiting the Site, not a User.

Writer Contract

Deep Water Ent LLC shall negotiate and contract with the client for the completion of an Assignment. Upon the extension of an offer of an Assignment, Writer shall have a certain time period to accept such offer from the client. Buyer and Writer agree to indemnify Content Writers for any taxes or penalties imposed on Content Writers by virtue of the purchase and sale of services between them on this Site. The Client will get a first draft and has the opportunity to give notes. The Second Draft will be final. Any additional drafts will be at a further cost to the client.

Intellectual Property of the Assignment

Upon Buyer's (i) acceptance of a creative work; and (ii) complete payment for that Submission, Deep Water Ent LLC hereby provides exclusive use of the written work for a period of one (1) year, and does not include exclusive ownership to the buyer. The Purchaser would have sole exclusive rights to use it for a year and could continue to use it after that year but others may also if we choose to open the library at any stage.

Payment Service

The Deep Water Entertainment LLC Billing and Payment Service ("Payment Service") enables Buyers to make payments for Writer Services.

  1. Legal Nature of Payment Service
    When you use the Payment Service to bill for or pay service fees, Deep Water Ent acts as your agent based upon your direction and your requirements to perform tasks on your behalf. Deep Water Ent holds your Account funds separate from its corporate operating accounts, and will not voluntarily make your funds available to its creditors in the event of a bankruptcy or for any other purpose. As provided in United States Bankruptcy Code, Section 541(d), Deep Water Ent LLC shall hold only legal title to, and not have any equitable interest in, the Account and any funds in it.
    DEEP WATER ENT IS NOT A BANK, AND AMOUNTS TRANSFERRED THROUGH OR STORED IN THE PAYMENT SERVICE ARE NOT INSURED DEPOSITS.

  2. Buyer's Payment
    The prices agreed to for the amount and type of Writer Services a Buyer can purchase, including ad-hoc requests, are agreed to in advance and are non-refundable. Any change in these prices shall apply on a going-forward basis.

  3. Authorized Payments are Final
    Your use of the Payment Service constitutes your agreement to pay for any amounts that you authorize us to charge against your Account and, as appropriate, your credit card, bank account, or PayPal. Such payments, once authorized, are final.

  4. Erroneous or Duplicate Transactions; Charge Backs
    Deep Water Ent LLC reserves the right to seek reimbursement from you, and you will reimburse Deep Water Ent LLC, if Deep Water Ent LLC discovers erroneous or duplicate transactions, or Deep Water Ent LLC receives a charge back from any Buyer's credit card company, bank, or PayPal for any reason. You agree that Deep Water Ent LLC has the right to obtain such reimbursement by charging your Account, deducting amounts from future payments or withdrawals, charging your credit card, or obtaining reimbursement from you by any other lawful means. Failure to pay for reimbursements of charge backs is cause for termination of your Agreement.

  5. Currency
    The Payment Service operates in U.S. Dollars and therefore Deep Water Ent LLC is not responsible for currency fluctuations that occur when billing or crediting a credit or debit card denominated in a currency other than U.S. Dollars, nor is Deep Water Ent LLC responsible for currency fluctuations that occur when receiving or sending payment via wire transfer, check or automated clearinghouse to and from your Account. Payments made to Deep Water Ent LLC in currency other than U.S. Dollars may take up to eight weeks to process, depending on relationships among the banking and payment systems between the two countries. Consequently, balance adjustments may be delayed.

User Eligibility and Obligations

Deep Water Entertainment LLC’s writing services is intended solely for use by a legal entity or an individual thirteen (13) years of age or older, and services by anyone under the age of 13 is unauthorized, unlicensed, and in violation of these Terms of Service. By using the Site, you represent and warrant (as an individual) that you are 13 or older, and further, that you agree to abide by all of the terms and conditions of this Agreement. If you are under 18, you affirm that you are either an emancipated minor or possess legal parental/guardian consent to access and use the Site. Deep Water Ent may terminate your agreement and any content at any time in its sole discretion, with or without notice, including without limitation if it believes that such User is under 13.

Termination of Accounts

Content Writers may terminate an agreement at any time and for any reason.

The following prohibited activities may cause Deep Water Ent LLC to terminate an agreement: sending or otherwise transmitting to or through this Site any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind, any material that can cause harm or delay of any kind, and any unsolicited advertising, solicitation or promotional materials; misrepresenting your identity or affiliation in any way; violating any applicable laws, regulations, or these Terms; and assisting or permitting any persons in engaging in any of the activities described above.


User License to Deep Water Ent LLC

You retain all your ownership rights for purchased services except ownership for Writer Services, which is governed by the Writer Contract. By paying for our services, you expressly grant, and you represent and warrant, that you have a right to grant to Deep Water Ent LLC a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such produced content, and your name, voice, and/or likeness as contained in your User Activity, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the content, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels.

The above licenses granted by you in your User Activity terminate within a commercially reasonable time after you remove or delete your User Activity from the Site. You understand and agree, however, that Content Writers may retain, but not display, distribute, or perform, server copies of User Activity that have been removed or deleted. The above licenses granted by you in User Activity for which the Site does not provide you a means to delete or remove are perpetual and irrevocable.

Disclaimers, Limitations and Exclusions

  1. Data
    You are responsible for creation, storage, and backup of your business records and correspondents. This Agreement and any registration for or subsequent use of the Site will not be construed as creating any responsibility on Deep Water Ent LLC's part to store, maintain, backup, retain, or grant access to any information or data for any period.
    We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information, or information about the entity that you represent, at your own risk.

  2. Termination
    Deep Water Ent LLC may terminate your use of this Site or any of our features or services at any time and for any reason without notice for conduct violating these Terms. Upon any such termination, you must destroy all Content obtained from this Site and all copies thereof. The provisions of these Terms concerning Site security, prohibited activities, copyrights, trademarks, user submissions, disclaimers, limitations of liability, indemnity, and jurisdictional issues shall survive any such termination.

  3. Warranty Disclaimer
    Writings or materials on this Site are provided to you "AS-IS" for your information and personal use only. You agree that you will not use, copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit for any commercial or other purpose whatsoever any Content without the prior written consent of Deep Water Ent LLC, or except as expressly permitted herein. If you download or print a copy of any User Activity for personal use, you must retain all copyright and other proprietary notices contained herein. You agree not to use the Deep Water Ent names, logos and marks (whether registered or based on common law) for any purpose without the prior written authorization of Content Writers.
    YOU AGREE THAT YOUR USE OF THE SITE AND SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY THE LAW, DEEP WATER ENT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. DEEP WATER ENT LLC MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES IN CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OR ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE AND SERVICES (INCLUDING, BUT NOT LIMITED TO, THE PURCHASE OF WRITER SERVICES); (III) ANY UNAUTHORIZED ACCESS TO OR USE OF DEEP WATER ENT'S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/ OR; (VI) ANY ERRORS OR OMISSIONS IN ANY SERVICES OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY SERVICES MADE AVAILABLE VIA THE SITE. Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

Limitation of Liability

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL DEEP WATER ENTERTAINMENT BE LIABLE FOR ANY COMPENSATORY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM 1) THE USE OF THIS SITE OR SERVICES OFFERED BY THE SITE; 2) THE INABILITY TO USE THIS SITE OR THE SERVICES; 3) THE MISAPPROPRIATION OF MATERIALS; OR 4) THE LOSS OF, OR DAMAGE TO, MATERIALS FOR ANY REASON, EVEN IF DEEP WATER ENT OR A DEEP WATER ENT AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify and hold harmless Deep Water Ent LLC, its shareholders, business partners, directors, officers, employees, agents, or third party sponsors, subsidiaries, affiliates, successors, and assignees, at your sole cost and expense, from all liabilities, claims, and expenses, including attorney's fees, that arise from Your use of the produced material. Deep Water Ent LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Deep Water Ent LLC in asserting any available defense. You shall not settle any indemnified claim without Deep Water Entertainment LLC's prior written consent.

Trademarks

All trademarks, service marks, logos and trade names located in the produced works, whether registered or unregistered, including but not limited to Deep Water Ent LLC, are proprietary to Deep Water Ent LLC or to other companies where so indicated. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of the appropriate owner thereof.

Entire Agreement; No Waiver; Severability

These Terms constitute the entire agreement between you and Deep Water Ent LLC regarding the use of the produced and agreed upon content, superseding any prior agreements between you and Deep Water Ent LLC relating to your use of the content. The failure of Deep Water Ent LLC to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms is held invalid, the remainder of these Terms shall continue in full force and effect. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Governing Law; Venue; Counsel Fees

These Terms and the validity, construction, and performance thereof will be governed in all respects by the laws of the State of California, without regard to its choice of law provisions. You irrevocably agree that any action proceeding arising from or relating to this Agreement may be brought only in the courts of California; and, you consent, for yourself and in respect of your property, to the jurisdiction of each such court in any such action or proceeding, and waive any objection to proceeding in such venue, including that the forum is inconvenient. You further consent that in the event Deep Water Ent LLC elects to take legal action against you for violation(s) of any of the Terms of Service contained herein, you shall be responsible to pay for all reasonable attorneys' fees and costs incurred by Deep Water Ent LLC in connection with the prosecution of such claims.

Contact

Questions regarding these Terms may be submitted via the contact us page.

Positive Storytelling