Ocean3s.com’s Terms of Service

Last Update: May 2022

Welcome to Ocean3s.com

The following terms of service (these “Terms of Service”), govern your access to and use of the Ocean3s.com website, including any content, functionality and services offered on or through www.ocean3s.com (the “Site”) by Ocean3s.com International Ltd. and, with respect to payment processing services, by its subsidiaries: Ocean3s.com Inc. Ocean3s.com International Ltd. and its subsidiaries are collectively referred hereto as “Ocean3s.com” “we” or “us”.

Please read the Terms of Service carefully before you start to use the Site. By using the Site, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found here, incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site. For more detailed policies surrounding the activity and usage on the Site, please access the designated articles herein.

This Site is offered and available to users who are 13 years of age or older. If you are under 13 you may not use this Site or the Ocean3s.com services. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

Our Customer Support team is available 24/7 if you have any questions regarding the Site or Terms of Service. Contacting our Customer Support team can be performed by submitting a request here or send us a email : [email protected]

Key Terms

Buyers are users who purchase services on Ocean3s.com.

Custom Offers are exclusive proposals that a Seller can create in response to specific requirements of a Buyer.

Custom Orders are requests made by a Buyer to receive a Custom Offer from a Seller.

Disputes are disagreements experienced during an order between a Buyer and Seller on Ocean3s.com.

Ocean3s.com Balance is the aggregated amount of your Revenue as a Seller and/or returned payments from cancelled orders as a Buyer.

Ocean3s.com Credits are credits that Ocean3s.com may provide users to be used only for purchases on Ocean3s.com, subject to these Terms of Service or any other applicable laws and/or terms.

Services Extras are additional services offered on top of the Seller’s Gig for an additional price defined by the Seller.

Services Packages allow Sellers to offer services in different formats and prices. Packages can include upgrades, which lets Sellers price their service for a basic price of over $5.

Services Page is where the Seller can describe their Gig and the Gig’s terms, and the Buyer can purchase the Gig and create an order.

Order Page is where Buyers and Sellers communicate with each other in connection with an ordered services.

Orders are the formal agreement between a Buyer and Seller after a purchase was made from the Seller’s service Page.

Payment Services Provider(s) are service providers that provide payment services to Buyers and Sellers in connection with the Ocean3s.com platform, including with respect to collection of funds from Buyers in connection with the purchase of services, remittance and withdrawal of funds to Sellers in connection with completed services, currency exchange services in connection with payments in local currencies, and the holding of funds in connection with Ocean3s.com Balances.

Revenue is the money that Sellers earn from completed orders and can either withdraw or use to purchase Gigs on Ocean3s.com, subject to these Terms.

Sellers are users who offer and perform services through Services on Ocean3s.com.

Overview (Main terms, in a nutshell)

• Only registered users may buy and sell on Ocean3s.com. Registration is free.
• Services on Ocean3s.com may be offered at a base starting price of $5. Some Gigs are offered at a base price of more than $5 as determined by the Seller.
• Buyers pay Ocean3s.com in advance to create an order (see Purchasing Section below regarding payment terms).
• Orders are purchased through the Order button found on a Seller’s Gig page or through a Custom Offer.
• For fees and payments please read the purchasing section here.
• Sellers must fulfill their orders, and may not cancel orders on a regular basis or without cause. Cancelling orders will affect Sellers’ reputation and status.
• Sellers gain account statuses (Levels) based on their performance and reputation. Advanced levels provide their owners with benefits, including offering services for higher prices through their services, or selling their services in multiples.
• Users may not offer or accept payments using any method other than placing an order through ocean3s.com or our company will not responsibly for any risk.
• Buyers are granted all rights for the delivered work, unless otherwise specified by the Seller on their services page. Note: some services charge additional payments (through services extra) for Commercial Use License. See our “Ownership” and “Commercial Use License” sections below for more information.
• Ocean3s.com retains the right to use all published delivered works for Ocean3s.com marketing and promotion purposes.
• We care about your privacy. You can read our Privacy Policy here. The Privacy Policy is a part of these Terms of Service and incorporated herein by reference.

SELLERS

Basics

• Sellers create services on Ocean3s.com to allow Buyers to purchase their services.
• Sellers may also offer Custom Offers to Buyers in addition to their services.
• Each order you sell and successfully complete, accredits your account with a net revenue of 82% of the purchase amount.
• Ocean3s.com accredits Sellers once an order is completed. See our “Orders” section below for a definition of a completed order.
• If an order is cancelled (for any reason), the funds paid will be returned to the Buyer’s Ocean3s.com Balance.
• Revenues are only made available for withdrawal from the Revenue page following a safety clearance period of 24 days after the order is marked as complete. Top Rated Sellers and Pro Sellers are eligible to withdraw revenue following a safety clearance period of 9 days after the order is marked as complete.
• Sellers may not promote their services or any Ocean3s.com content via the Google Ads platform.
• Sellers may withdraw their revenues using one of Ocean3s.com’s withdrawal options (see Withdrawal Section below regarding payment terms).
• The Seller’s rating is calculated based on the order reviews posted by Buyers. High ratings allow Sellers to obtain advanced Seller levels (see Levels below). In certain cases, exceedingly low ratings may lead to the suspension of the Seller’s account.
• For security concerns, Ocean3s.com may temporarily disable a Seller’s ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by Buyers, or associating multiple Ocean3s.com accounts to a single withdrawal provider.
• Sellers are responsible for paying any direct or indirect taxes, including any GST, VAT or otherwise, which may apply to them depending on residency or location. Sellers represent and warrant that they comply, and will comply at all times, with their obligations under income tax provisions in their jurisdiction. The services price shown on the services page is inclusive of all such taxes and charges that may apply to the Sellers.
• Appointment as Limited Payment Collection Agent: Seller hereby appoints Ocean3s.com as Seller’s limited authorized payment collection agent solely for the purpose of accepting payments (via its Payment Services Provider, if applicable) from Buyer, and remitting those payments to Seller. Seller agrees that payment from Buyer to Ocean3s.com shall be considered the same as payment made directly to Seller. Buyer’s payment obligation to Seller will be satisfied upon receipt of payment by Ocean3s.com (or its Payment Services Provider, as applicable), and Ocean3s.com (via its Payment Services Provider, as applicable) is responsible for remitting the funds to the Seller in the manner described in these Terms of Service. In the event that Ocean3s.com (via Payment Services Provider) does not remit any such amounts to Seller, the Seller will have recourse only against Ocean3s.com and not the Buyer directly. Seller agrees that Ocean3s.com may describe or otherwise reflect the terms contained herein in any terms of service, receipts, disclosures, or notices including, but not limited to, receipts provided to Buyers that Ocean3s.com may deem necessary or prudent.
• Ocean3s.com partners with Payment Services Providers for purposes of collecting Gig-related payments from Buyers, transferring such payments from Buyers to Sellers, and holding funds in connection with Sales Balances. All payments services in connection with the withdrawal of funds on the Ocean3s.com platform are performed by Ocean3s.com’s Payment Services Providers.
• Sellers are responsible for obtaining a general liability insurance policy with coverage amounts that are sufficient to cover all risks associated with the performance of their services.

Services

• Sellers can create as many services as they can, there is no limit for now
• Services created on Ocean3s.com are User Generated Content.
• Services /or users may be removed by Ocean3s.com from the Site for violations to these Terms of Service, which may include (but are not limited to) the following violations and/or materials:
  • Illegal or Fraudulent services
  • Copyright Infringement, Trademark Infringement, and violation of a third party’s terms of service reported through our Intellectual Property Claims Policy found here
  • Adult oriented services, Pornographic, Inappropriate/Obscene
  • Intentional copies of services
  • Spam, nonsense, or violent or deceptive services
  • Services misleading to Buyers or others
  • Reselling of regulated goods
  • Offering to prepare academic works on behalf of Buyers
  • Services that extend beyond 30 days of service duration
  • Exceedingly low quality services
  • Promoting Ocean3s.com and/or Ocean3s.com services through activities that are prohibited by any laws, regulations, and/or third parties’ terms of service, as well as through any marketing activity that negatively affects our relationships with our users or partners.
• Services that are removed for violations mentioned above, may result in the suspension of the Seller’s account.
• Services that are removed for violations are not eligible to be restored or edited.
• Services may be removed from our Search feature due to poor performance and/or user misconduct.
• Services may include pre-approved website URLs contained within the services description and requirements box. Services containing websites promoting content, which violates Ocean3s.com’s Terms of Service, will be removed.
• Services are required to have an appropriate image related to the service offered. An option to upload two additional services images are available to all Sellers. Sellers must deliver the same quality of service as shown on their services images. Recurring deliveries that don’t match the quality shown on the services images may lead to the Seller’s account losing Seller status or becoming permanently disabled.
• Services may contain an approved services Video uploaded through the services management tools available on Ocean3s.com.
• Statements on the service Page that undermine or circumvent these Terms of Service is prohibited.
• Eligible services in select Categories may set up services Packages to offer their services in structured formats with multiple price points for the selected services.

Services Extras

• Services Extras are additional services offered on top of the Seller’s services for an additional price defined by the Seller.
• Services Extras may be removed for violations of our Terms of Service. For specific terms, please see the services section above for a list of services that violate our Terms of Service. Services are subject to be removed due to violations found in services Extras.
• The amount of services Extras, which can be offered, and the price for each Services Extra, is based on your Seller Level. More information surrounding your accounts eligibility for Services Extras can be found here.
• Services offered through extra must be related to the base service and part of the deliverables on the order.
• Services Extras may cover different categories of services that are components to a higher quality delivered service.
• Sellers have the option to extend the duration of an order for each Services Extra that is added to the order. This is to cover the time needed to complete the service.

Levels

Ocean3s.com is all about helping Sellers leverage their skills. We seek to empower top performing Sellers with helpful tools to grow their business. Sellers who invest in self-promotion may achieve greater customer satisfaction. And, if they deliver on time and maintain high quality and ratings, Ocean3s.com may reward them with new statuses, special opportunities, benefits, and tools that come with it.

• Ocean3s.com Sellers can gain account Levels based on their activity, performance and reputation. The advancement criteria can be found here.
• Advancement in Levels are updated periodically by an automated system.
• The current Levels a Seller can achieve are, Level 1, 2, and Top Rated.
• Sellers who cannot maintain their high quality service, experience a severe drop in ratings, or stop delivering on time risk losing their Seller status and the benefits that come with it. For example, late deliveries, warnings to the Seller’s account and cancellations can cause a Seller to move to a different Level.
• Advanced levels provide their owners with additional benefits, including offering services for higher prices through Services Extras, or selling their services in multiples.

Top Rated Sellers

• Top Rated Sellers are chosen manually by Ocean3s.com editors through an ongoing review process based on seniority, volume of sales, extremely high ratings, exceptional customer care, high order completion rate and community leadership. Top Rated Sellers gain access to more extensive features than previous levels, including exclusive access to beta features and VIP support.
• Top Rated eligibility is constantly evaluated by Ocean3s.com to ensure that the quality standards and expectations of the Top Rated selection is kept. Ocean3s.com retains the right to change a Top Rated Seller status in light of such evaluation. In addition, Top Rated Sellers who cannot maintain their high quality service through a severe drop in ratings, stop delivering on time, increased cancellation rate or violate our Terms of Service, also risk losing their Top Rated status and the benefits that come with it.

Pro Sellers

• Pro Sellers are pre-verified professionals who undergo a vetting process by Ocean3s.com editors. Applying for Ocean3s.com Pro is open to everyone: professional freelancers who are new to Ocean3s.com, as well as existing Ocean3s.com Sellers.
• Pro Sellers eligibility is constantly evaluated by Ocean3s.com to ensure that the quality standards and expectations of the Pro Seller selection is kept. Ocean3s.com retains the right to change a Pro Seller status in light of such evaluation. In addition, Pro Sellers who cannot maintain their high quality service through a severe drop in ratings, stop delivering on time, increased cancellation rate or violate our Terms of Service, also risk losing their Pro status and the benefits that come with it.

Seller Features

Ocean3s.com Sellers have access to several exclusive features that help customize the way their services can be offered.

Custom Offer

• Sellers can also send Custom Offers addressing specific requirements of a Buyer.
• Custom Offers are defined by the Seller with the exact description of the service, the price and the time expected to deliver the service.
• Custom Offers are sent from the conversation page.
• Services provided through Custom Offers may not violate Ocean3s.com’s Terms of Service.
• Project Milestones:
  • Custom Offers above $100 may include up to three project milestones. Each milestone is paid and delivered separately in accordance with each Custom Offer’s description and timelines.
  • A milestone is marked as Complete after it is delivered by the Seller and then accepted by the Buyer. A milestone will be automatically marked as complete if no acceptance or request for modification were submitted within 9 days after marked as Delivered, however, in such case the order will be stopped and all further milestones will be cancelled.
  • Once a milestone is delivered, Buyers may choose to either continue with the order and pay for the next milestone, or to stop the order. Please note that if you choose to stop the order, the current delivered milestone will not be cancelled.

Ocean3s.com Anywhere

• Ocean3s.com Anywhere is a feature that allows Sellers to send Custom Offers outside of Ocean3s.com.
• Services offered through Ocean3s.com Anywhere must comply with our Terms of Service.
• Users accessing and purchasing from a Ocean3s.com Anywhere offer that are not already members of Ocean3s.com, will be required to register with Ocean3s.com to create an order.
• Sellers are required to deliver proof of completion of services in the order page. Please see our Orders section for further details.
• Communication for handling orders should be performed on Ocean3s.com, through the order page. Users who engage and communicate off of Ocean3s.com will not be protected by our Terms of Service.

Shipping Physical Deliverables

Some of the services on Ocean3s.com are delivered physically (arts and crafts, collectable items, etc.). For these types of services, Sellers may decide to add shipping charges. Sellers can add shipping charges for local shipping (within the same country) and for international shipping (anywhere else).

Services that include shipping costs must have physical deliverables sent to Buyers.

Shipping costs added to a services only pertains to the cost Sellers require to ship physical items to Buyers.

• Important: Buyers who purchase the products that require physical delivery, will be asked to provide a shipping address.
• Sellers are responsible for all shipping arrangements once the Buyer provides the shipping address.
• Ocean3s.com does not handle or guarantee shipping, tracking, quality, and condition of items or their delivery and shall not be responsible or liable for any damages or other problems resulting from shipping.
• A tracking number is a great way to avoid disputes related to shipping. We require entering the tracking number if available in the order page when delivering your work.

Withdrawing Revenues

• To withdraw your revenue, you must have an account with at least one of Ocean3s.com’s Payment Service Providers for the withdrawal methods. All funds eligible for Withdrawal will be held on your behalf at an account with Ocean3s.com’s Payment Services Provider. All payment services, including withdrawal services will be provided by Ocean3s.com’s Payment Services Provider.
• Your Ocean3s.com profile can be associated with only one account from each Ocean3s.com withdrawal methods. A Payment Service Provider withdrawal account can be associated with only one Ocean3s.com profile.
• Revenues are only made available for withdrawal from the Revenue page following a safety clearance period of 15 days after the order is marked as complete. Top Rated Sellers are eligible to withdraw revenue following a safety clearance period of 6 days after the order is marked as complete.
• To withdraw your available revenue, you must click on the designated withdrawal provider to initiate the withdrawal process
• Withdrawals can only be made in the amount available to you.
• Withdrawal fees vary depending on the withdrawal method.
• Withdrawals are final and cannot be undone. We will not be able to reverse this process once it has begun.
• In certain cases, Sellers may withdraw Revenues in several different currencies. All currency exchange services in connection with such withdrawals are performed by Ocean3s.com’s Payment Services Providers. Your Ocean3s.com Balance is always derived from its US$ value and, therefore, the local currency amount of your Ocean3s.com Balance may change daily in accordance with exchange rates fluctuations and also includes conversion fees. Sellers always have the option to withdraw Revenues in US$.

Withdrawal Methods

METHOD FEE SERVICE AVAILABILITY

Withdraw to your PayPal Account,  a list of PayPal services by country click here

For more information, see Pricing and Fees. Worldwide

Local Bank Transfer (LBT) $3 per transfer*.

For more information, see Pricing and Fees. Worldwide

* Additional fees may apply based on your location and currency.

BUYERS

Basics

• You may not offer direct payments to Sellers using payment systems outside of the Ocean3s.com Order system.
• Ocean3s.com retains the right to use all publicly published delivered works for Ocean3s.com marketing and promotional purposes.
• Buyers may request a specific service from the Post a Request feature. Services requested on Ocean3s.com must be an allowed service on Ocean3s.com. Please click here for guidelines on approved services. Users should refrain from using the Post a Request feature for any purpose other than looking for services on Ocean3s.com.

Purchasing

• Buyers pay Ocean3s.com to create an order from a Seller’s services order page or Custom Offer, using the Order Now button. Ocean3s.com partners with Payment Services Providers for purposes of collecting services-related payments from Buyers, transferring such payments from Buyers to Sellers, and holding funds in connection with Ocean3s.com Balances. All payments services in connection with the collection of funds on the Ocean3s.com platform are performed by Ocean3s.com’s Payment Services Providers.
• Ocean3s.com serves as Seller’s limited authorized payment collection agent solely for the purpose of accepting payments (via its Payment Services Provider, if applicable) from Buyer, and remitting those payments to Seller. Buyer’s payment obligation to Seller will be satisfied upon receipt of payment by Ocean3s.com (or its Payment Services Provider, as applicable), and Ocean3s.com (via its Payment Service Provider, as applicable) is responsible for remitting the funds to the Seller in the manner described in these Terms of Service. In the event that Ocean3s.com (via Payment Services Provider) does not remit any such amounts to Seller, the Seller will have recourse only against Ocean3s.com and not the Buyer directly.
• In addition Buyers can request a Custom Order which addresses specific Buyer requirements, and receive a Custom Offer from Sellers through the site or through Ocean3s.com Anywhere.
• In most locations, services may be purchased on Ocean3s.com by using one of the following payment methods: Credit Card, PayPal, Ocean3s.com Credits or existing Ocean3s.com Balance. Additional payment methods may apply in certain locations.
• Service fees are added at the time of purchase where a Buyer can review and accept the total amount requested to pay. These fees cover administrative fees.
• Your existing Ocean3s.com Balance will be automatically applied to your next purchase.
• You may not offer Sellers to pay, or make payment using any method other than through the Ocean3s.com site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support here.
• To protect against fraud, unauthorized transactions (such as money laundering), claims or other liabilities, payment information in connection with withdrawals is collected by either Ocean3s.com or Ocean3s.com’s Payment Services Providers. Payment Services Providers may also collect such other information as necessary for proposes of processing withdrawal payments. Ocean3s.com is not exposed to the payment information provided to Payment Services Providers, and this information is subject to the privacy policy applicable to the Payment Service Provider. Please see our Privacy Policy for more information here.
• By using any payment method and/or providing payment details for making purchases on Ocean3s.com, you represent and warrant that: (a) you are legally authorized to provide such information; (b) you are legally authorized or have permission to make payments using the payment method(s); (c) if you are an employee or agent of a company or person that owns the payment method, you are authorized by that company or person to use the payment method to make payments on Ocean3s.com; and (d) such actions do not violate any applicable law.

Local Currencies

• Buyers may pay on Ocean3s.com in several different currencies. Unless stated otherwise, you will be charged in the currency displayed on the Order page. All currency exchange services in connection with payments and withdrawals in local currencies are performed by Ocean3s.com’s Payment Services Providers. In certain cases, however, when certain currencies are not supported by certain payment methods, you will be charged in US$ even if the price is displayed in another currency. In any event, the actual charged amount (in the actual payment currency) will be clearly disclosed to you before you complete the Order.
• Buyers should note that the services’ pricing is derived always from their original US$ price and, therefore, non-US$ currency prices may change daily in accordance with exchange rates fluctuations and may also include conversion fees. Buyers always have the option to pay in US$ by changing their selected displayed currency.
• If you paid for an Order in a currency other than US$ and your Order was later cancelled for any reason, the amount returned to your Ocean3s.com Balance would be based on the exchange rate as of the date of cancellation. Therefore, the returned amount may vary from the paid amount in local currency terms, while always maintaining the same US$ value.

Taxes

• Buyers may be charged with indirect taxes (such as Sales Tax, VAT or GST) depending on their residency, location and any applicable law, in addition to the services price shown on the services page.
• Buyers agree that they are responsible to comply with all tax requirements applicable to them, including but not limited to any obligation to deduct or withhold taxes. It is hereby clarified that all prices and fees that appear on the Site are the net amounts that will be paid following any direct or indirect taxes, levy, withholding tax and/or deductions.

ORDERS

Basics

• Once payment is confirmed, your order will be created and given a unique Ocean3s.com order number (#FO).
• Sellers must deliver completed files and/or proof of work using the Deliver Work button (located on the Order page) according to the service that was purchased and advertised on their Gig.
• Using the Deliver Work button may not be abused by Sellers to circumvent Order guidelines described in this Terms of Service. Using the “Deliver Work” button when an order was not fulfilled may result in a cancellation of that order after review, affect the Seller’s rating and result in a warning to Seller.
• An order is marked as Complete after it is marked as Delivered and then accepted by a Buyer. An order will be automatically marked as Complete if not accepted and no request for modification was submitted within 3 days after the order was marked as Delivered.
• We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails after using the customer support or if you encounter non-permitted usage on the Site, users can contact Ocean3s.com’s Customer Support department for assistance here.

Handling Orders

• When a Buyer orders a services, the Seller is notified by email as well as notifications on the site while logged into the account.
• Sellers are required to meet the delivery time they specified when creating their services. Failing to do so will allow the Buyer to cancel the order when an order is marked as late and may harm the Seller’s status.
• Sellers must send completed files and/or proof of work using the Deliver Completed Work button (located on the Order page) to mark the order as Delivered.
• Users are responsible for scanning all transferred files for viruses and malware. Ocean3s.com will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.
• Buyers may use the “Request Revisions” feature located on the Order page while an order is marked as Delivered if the delivered materials do not match the Seller’s description on their services page or they do not match the requirements sent to the Seller at the beginning of the order process.

Reviews

• Feedback reviews provided by Buyers while completing an order are an essential part of Ocean3s.com’s rating system. Reviews demonstrate the Buyer’s overall experience with the Sellers and their service. Buyers are encouraged to communicate to the Seller any concerns experienced during their active order in regards to the service provided by the Seller.
• Leaving a Buyer’s feedback is a basic prerogative of a Buyer. Feedback reviews will not be removed unless there are clear violations of our Terms of Service.
• To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the Ocean3s.com platform from users within our Community. Purchases arranged, determined to artificially enhance Seller ratings, or to abuse the Ocean3s.com platform with purchases from additional accounts, will result in a permanent suspension of all related accounts.
• Feedback comments given by Buyers are publicly displayed on a Seller’s page.
• Work Samples are the delivered images and videos sent to a Buyer in a delivery message. Work Samples are added to a Seller’s Live Portfolio on their Gig page if the Buyer chooses to publish the Work Sample while providing a public feedback review.
• Withholding the delivery of services, files, or information required to complete the Gig’s service with the intent to gain favorable reviews or additional services is prohibited.
• Responding and posting a review: Once work is delivered, the Buyer has three days to respond. If no response is provided within the response period, the order will be considered completed.
• Users are allowed to leave reviews on orders up to 10 days after an order is marked as complete. No new reviews may be added to an order after 10 days.
• Sellers may not solicit the removal of feedback reviews from their Buyers through mutual cancellations.

Disputes and Cancellations

We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact Ocean3s.com’s Customer Support department for assistance here.

Basics

• Order cancellations can be performed on Ocean3s.com, when eligible, by Customer Support or through the Resolution Center per order.
• Filing a transaction dispute or reversing a payment through your payment provider or your bank is a violation to these Terms of Service. Doing so may get your account temporarily or permanently disabled. Note: once you have filed a dispute with your payment provider, the funds will be ineligible for a refund due to our obligations towards the payment provider.
• In the event that a Buyer or Seller encounters an issue related to the service provided in an order, you are encouraged to use the Site’s dispute resolution tools to attempt to resolve the matter.
• Ocean3s.com, through its Payment Services Providers, reserves the right to cancel orders or place funds on hold for any suspected fraudulent transactions made on the Site.
• All transfer and assignment of intellectual property to the Buyer shall be subject to full payment for the services and the delivery may not be used if payment is cancelled for any reason.
• If an order is cancelled (for any reason), the funds paid will be returned to the Buyer’s Ocean3s.com Balance.
• Revisions to deliveries can be performed by Sellers based on the Seller’s Services and customer care. Sellers may determine the amount of revisions offered to Buyers, including no revisions.
• Requests for revisions can be performed through the Order page while the order is marked as Delivered.
• Requesting to gain more services from Sellers beyond the agreed requirements by using the Request Revisions button is not allowed.

Order Cancellations

• Ocean3s.com encourages Buyers and Sellers to resolve service disputes mutually using the Resolution Center.
• Eligibility for requests to Ocean3s.com to cancel an order will be assessed by our Customer Support team based on a number of factors, including violations to our Terms of Service, general misconduct, and improper usage of the Ocean3s.com delivery system. See below for Order specific eligibility.
• Completed orders (or, where applicable, completed milestones) may be cancelled, upon review of our Customer Support team, up to 14 days after the order (or Milestone) is marked as complete. Please be advised that orders cannot be partially cancelled (i.e. we can only cancel the entire order when it is justified).
• In rare circumstances where we find it appropriate, our Customer Support team may cancel a completed order even after 15 days have passed from its completion. In such cases, the amounts paid for the cancelled order will be returned to the Buyer’s Ocean3s.com Balance and will be deducted from the Seller’s Ocean3s.com Balance or, if there are no sufficient amounts in the Seller’s Ocean3s.com Balance, from future revenues of such Seller.
• Orders are not eligible to be cancelled based on the quality of service/materials delivered by the Seller if the service was rendered as described in the Gig page. Buyers may rate their experience with the Seller on the order page, including the overall level of service quality received.
• Buyers must use Ocean3s.com Resolution Center to address their concerns and desired resolution related to the service provided by their Seller prior to contacting Customer Support. Customer Support will not take any action against Orders where the Buyers failed to inform their Seller of issues related to the Seller’s service and will allow Sellers to provide a resolution first. This does not include non-permitted usage of Ocean3s.com.
• Any non-permitted usage of Ocean3s.com encountered during an Order, after being reviewed by our Customer Support team, may result in the order being cancelled. This includes, but not limited to; harassment, unlawful behavior, or other violations to Ocean3s.com’s Terms of Service.
• Ocean3s.com Customer Support will cancel orders based on, but not limited to, the following reasons:
  • Active Orders (after the Buyer submits their requirements and before the Seller delivers on Ocean3s.com)
    • The Seller is late and unresponsive for more than 24 hours while the order is marked as Late.
    • Users are abusive towards the other party through threats of low ratings or leveraging order materials (such as logins, personal information) against each other.
    • Users supplied or included copyright/trademark infringing materials as part of the Buyer requirements or the Seller’s delivery.
    • The user is no longer an active Ocean3s.com user due to Terms of Service violations or closure of their account.
  • Delivered Orders (after the Seller clicks Deliver Now and before the order is marked as complete)
    • The Seller uses the Delivery system to extend the delivery due date to complete the requested service without providing the final delivered service to Buyers. Note: Multiple reported offenses will result in permanent suspension of your account.
    • The Seller delivers no files and/or proof of work related to the agreed upon order requirements. Note: Subjectivity of the materials in question will be reviewed by our Customer Support team.
    • The Seller requests additional payments, on or off the Ocean3s.com platform, by withholding the final delivery of services directly related to the agreed requirements.
    • The Seller is withholding the final delivery of services for improved ratings.
    • Buyers who abuse the Request Revisions button to gain more services from Sellers beyond the agreed requirements.
    • Buyers who threaten to leave a damaging review to gain more services from the Seller not related to the agreed requirements.
  • Completed Orders (after the order is marked as complete and before the 15 day limitation)
    • Users who have been reported to use copyright/trademark infringing materials after verification and with proof.
    • Buyers who did not purchase commercial use rights and are reported to have used the materials commercially. Note: Terms of Commercial use is found on the Seller’s Services page and cannot be retroactively included once the order is completed for over 15 days.
    • Ocean3s.com Customer Support will review cases of Order delivery manipulation that prevents Buyers and Sellers from fully utilizing our Resolution Center that enabled the order to be marked as complete.

Refunds

• Ocean3s.com does not automatically refund payments made for cancelled orders back to your payment provider. Funds from order cancellations are returned to the Buyer’s Ocean3s.com Balance and are available for future purchases on Ocean3s.com. Until January 1, 2019, funds returned to your Ocean3s.com Balance from cancelled orders will not include service fees paid. As of January 1, 2019, Ocean3s.com returns service fees to your Ocean3s.com Balance once an order is cancelled. In any event, if the service fees were not returned to your Ocean3s.com Balance following an order cancelation, such service fees’ amount will be exempted from your next purchase on Ocean3s.com.
• Deposit refunds (i.e. refunds directly to your payment provider) can be performed by our Customer Support team, based on the Order’s original payment amount and currency. To prevent fraud and abuse, we limit the total amount of times users can request a payment provider refund, which is subject to review by our Customer Support team. Such refunds may be subject to an additional fee.

Ocean3s.com Credits

In certain instances, Ocean3s.com may offer you credits (“Ocean3s.com Credits” or “Credits”), either for promotional purposes or otherwise, to be used for purchasing Services  and/or other services offered on the Site. Your available Credit balance will appear in your account. Your valid Ocean3s.com Credits will be automatically applied to your next purchase and can be viewed in your order summary after you place the order. Unless stated otherwise, Ocean3s.com Credits expire following three months from their receipt. Ocean3s.com Credits serve only as an incentive to use Ocean3s.com, and, therefore, are not redeemable for cash, have no cash value and are nonrefundable. Once used, Ocean3s.com Credits may not be returned to your account even if your Order gets cancelled. Ocean3s.com Credits may be subject to additional conditions and restrictions as will be disclosed to You upon receipt of the Credits. Credits may be voided in the event of fraud, misuse, or violation of these Terms. Ocean3s.com reserves the right to modify or cancel the Ocean3s.com Credits program at any time. If you or Ocean3s.com deactivate or suspend your Ocean3s.com account, any unused Ocean3s.com Credits in your account will be forfeited.

User Conduct and Protection

Ocean3s.com enables people around the world to create, share, sell and purchase nearly any service they need at an unbeatable value. Services offered on Ocean3s.com reflect the diversity of an expanding the services economy. Members of the Ocean3s.com community communicate and engage through orders, social media, and on Ocean3s.com’s Community Forums.

Ocean3s.com maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of Ocean3s.com. This section relates to the expected conduct users should adhere to while interacting with each other on Ocean3s.com.

To report a violation of our Terms of Service, User Misconduct, or inquiries regarding your account, please contact our Customer Support team here.

Basics

• To protect our users’ privacy, user identities are kept anonymous. Requesting or providing Email addresses, Skype/IM usernames, telephone numbers or any other personal contact details to communicate outside of Ocean3s.com in order to circumvent or abuse the Ocean3s.com messaging system or Ocean3s.com platform is not permitted.
• Any necessary exchange of personal information required to continue a service may be exchanged within the order page.
• Ocean3s.com does not provide any guarantee of the level of service offered to Buyers. You may use the dispute resolution tools provided to you in the order page.
• Ocean3s.com does not provide protection for users who interact outside of the Ocean3s.com platform.
• All information and file exchanges must be performed exclusively on Ocean3s.com’s platform.
• Rude, abusive, improper language, or violent messages will not be tolerated and may result in an account warning or the suspension/removal of your account.
• Ocean3s.com is open to everyone. Discrimination against a community member based on gender, race, age, religious affiliation, sexual preference or otherwise is not acceptable and may result in the suspension/removal of your account.
• Users may not submit proposals or solicit parties introduced through Ocean3s.com to contract, engage with, or pay outside of Ocean3s.com.

Orders

• Users with the intention to defame competing Sellers by ordering from competing services will have their reviews removed or further account status related actions determined by review by our Trust & Safety team.
• Users are to refrain from spamming or soliciting previous Buyers or Sellers to pursue removing/modifying reviews or cancelling orders that do not align on Order Cancellation or Feedback policies.
• Ocean3s.com reviews cases of payment provider chargebacks and disputes on behalf of Sellers. Although results vary per case due to each chargeback reason, we work hard on resolving disputes in the Seller’s favor. If the chargeback case allows, Ocean3s.com (or one of Ocean3s.com’s Payment Services Providers) will return parts or full revenue back to Sellers, otherwise the chargeback amount will be borne by the Seller.

Services

• Users may report services to Customer Support that may be in violation of Ocean3s.com’s Terms of Service based on the reported Services replicated similarity to pre-existing services (copycat services or products).
• Sellers warrant that any content included in their Services shall be original work conceived by the Sellers and shall not infringe any third party rights, including, without limitation, copyrights, trademarks or service marks. In the event that certain music or stock-footage media are incorporated within the services, Sellers represent and warrant that they hold a valid license to use such music and/or footage and to include them in the services.
• Ocean3s.com will respond to clear and complete notices of alleged copyright or trademark infringement. Our Intellectual Property claims procedures can be reviewed here.

Reporting Violations

If you come across any content that may violate our Terms of Service, you should report it to us through the appropriate channels created to handle those issues as outlined in our Terms of Service. All cases are reviewed by our Trust & Safety team. To protect individual privacy, the results of the investigation are not shared. You can review our Privacy Policy for more information.

Violations

Users may receive a warning to their account for violations of our Terms of Service or any user misconduct reported to our Trust and Safety team. A warning will be sent to the user’s email address and will be displayed for such user on the Site. Warnings do not limit account activity, but can lead to your account losing Seller statuses or becoming permanently disabled based on the severity of the violation.

Non-Permitted Usage

Adult Services & Pornography – Ocean3s.com does not allow any exchange of adult oriented or pornographic materials or drug, weapons and illegal services.

Inappropriate Behavior & Language – Communication on Ocean3s.com should be friendly, constructive, and professional. Ocean3s.com condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals, a system to rate orders, and to engage on larger platforms such as our Community Forum and Social Media pages.

Phishing and Spam – Ocean3s.com takes the matter its members’ security seriously. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our members privacy by not contacting them with offers, questions, suggestions or anything which is not directly related to their services  or orders.

Privacy & Identity – You may not publish or post other people’s private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the order page. Sellers further confirm that whatever information they receive from the Buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the Buyer. Any users who engage and communicate off of Ocean3s.com will not be protected by our Terms of Service.

Authentic Ocean3s.com Profile – You may not create a false identity on Ocean3s.com, misrepresent your identity, create a Ocean3s.com profile for anyone other than yourself (a real person), or use or attempt to use another user’s account or information; Your profile information, including your description, skills, location, etc., while may be kept anonymous, must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. Ocean3s.com reserves the right to require users to go through a verification process in order to use the Site (whether by using ID, phone, camera, etc.).

Intellectual Property Claims – Ocean3s.com will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service. Our Intellectual Property claims procedures can be reviewed here.

Fraud / Unlawful Use – You may not use Ocean3s.com for any unlawful purposes or to conduct illegal activities.

Abuse and Spam

Multiple Accounts – To prevent fraud and abuse, users are limited to one active account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the Ocean3s.com community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations to Ocean3s.com’s Terms of Service is cause for permanent suspension of all accounts.

Targeted Abuse – We do not tolerate users who engage in targeted abuse or harassment towards other users on Ocean3s.com. This includes creating new multiple accounts to harass members through our message or ordering system.

Selling Accounts – You may not buy or sell Ocean3s.com accounts.

Proprietary Restrictions

The Site, including its general layout, design and content, is exclusively owned by Ocean3s.com and protected by copyright and trademark law. Ocean3s.com® and Services® are all registered trademarks owned exclusively by Ocean3s.com. Users have no right, and specifically agree not to do the following with respect to the Site or any part, component or extension of the Site (including its mobile applications): (i) copy, transfer, adapt, modify, distribute or reproduce it, in any manner; (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization; (iii) modify or create derivative works; (iv) remove any copyright notice, identification or any other proprietary notices, or; (v) use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other users’ enjoyment of the Site. Users also agree not to permit or authorize anyone else to do any of the foregoing.

General Terms

• Ocean3s.com reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms of Service or due to any illegal or inappropriate use of the Site or services.
• Violation of Ocean3s.com’s Terms of Service may get your account disabled permanently.
• Users with disabled accounts will not be able to sell or buy on Ocean3s.com.
• Users who have violated our Terms of Service and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.
• Users have the option to enable account Security features to protect their account from any unauthorized usage.
• Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.
• Sellers will be able to withdraw their revenues from disabled accounts after a safety period of 90 days following full verification of ownership of the account in question, from the day of the last cleared payment received in their account and subject to Ocean3s.com’s approval.
• Disputes should be handled using Ocean3s.com’s dispute resolution tools (‘Resolution Center’ on the order page) or by contacting Ocean3s.com Customer Support.
• Ocean3s.com may make changes to its Terms of Service from time to time. When these changes are made, Ocean3s.com will make a new copy of the terms of service available on this page.
• You understand and agree that if you use Ocean3s.com after the date on which the Terms of Service have changed, Ocean3s.com will treat your use as acceptance of the updated Terms of Service.

User Generated Content

User Generated Content (“UGC”) refers to the content added by users as opposed to content created by the Site. All content uploaded to Ocean3s.com by our users (Buyers and Sellers) is User Generated Content. Ocean3s.com does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.

Furthermore, Ocean3s.com is not responsible for the content, quality or the level of service provided by the Sellers (even if they are Pro Sellers, Top Rated Sellers or otherwise). We provide no warranty with respect to the services, their delivery, and any communications between Buyers and Sellers. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate service offers.

By offering a service, the Seller undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service that is offered on Ocean3s.com. Sellers advertising their services online must comply with laws and terms of service of the advertising platform or relevant website used to advertise. Failing to do so may result in removal of the services and may lead to the suspension of Seller’s account.

For specific terms related to Intellectual Property rights and for reporting claims of copyright infringement (DMCA notices) or trademark infringement – please see our Intellectual Property Claims Policy which forms an integral part of these Terms of Service. Note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Ownership

Ownership and limitations: Unless clearly stated otherwise on the Seller’s services  page/description, when the work is delivered, and subject to payment, the Buyer is granted all intellectual property rights, including but not limited to, copyrights for the work delivered from the Seller, and the Seller waives any and all moral rights therein. All transfer and assignment of intellectual property to Buyer shall be subject to full payment for the services and the delivery may not be used if payment is cancelled for any reason. For removal of doubt, in custom created work (such as art work, design work, report generation etc.), the delivered work shall be the exclusive property of Buyer, and Seller assigns all rights, title and interest in the delivered work. Some services (including for custom created work) charge additional payments (through services extra) for a Commercial Use License. This means that if you purchase the services for personal use, you will own all rights you require for such use, and will not need the Commercial Use License. If you intend to use it for any charge or other consideration, or for any purpose that is directly or indirectly in connection with any business, or other undertaking intended for profit, you will need to buy the Commercial Use License through a services Extra and will have broader rights that cover your business use.

For Voice Over devices, when the work is delivered, and subject to payment, the Buyer is purchasing basic rights, (which means the Buyer is paying a one time fee allowing them to use the work forever and for any purpose except for commercials, radio, television and internet commercial spots). If you intend to use the Voice Over to promote a product and/or service (with the exception of paid marketing channels), you will need to purchase the Commercial Rights (Buy-Out) through services Extra. If you intend to use the Voice Over in radio, television and internet commercials, you will need to purchase the Full Broadcast Rights (Buy-Out) through services Extra. For further information on the type of buy-outs, please read below.

Sellers further confirm that whatever information they receive from the Buyer, which is not public domain, shall be kept confidential and shall not be shared or used for any purpose whatsoever other than for the delivery of the ordered work to the Buyer.

Furthermore, users (both Buyers and Sellers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to Ocean3s.com, including services of texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by Ocean3s.com for no consideration for marketing and/or other purposes.

Commercial Use License

By purchasing a “Commercial Use License” with your order, the Seller grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased delivery for Permitted Commercial Purposes. All intellectual property rights of the purchased delivery are hereby assigned to you. “Permitted Commercial Purposes” means any business related use, such as (by way of example) advertising, promotion, creating web pages, integration into product, software or other business related tools etc., and strictly excludes any illegal, immoral or defamatory purpose. This License is subject to Ocean3s.com’s Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Neither the Seller nor Ocean3s.com will be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.

Disclaimer of Warranties

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER Ocean3s.com NOR ANY PERSON ASSOCIATED WITH Ocean3s.com MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Automatic Translation

THIS SERVICE MAY CONTAIN TRANSLATIONS POWERED BY GOOGLE. GOOGLE DISCLAIMS ALL WARRANTIES RELATED TO THE TRANSLATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

The Site has been translated for your convenience using translation software powered by Google Translate. Reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect nor is it intended to replace human translators. Translations are provided as a service to users of the website, and are provided “as is”. No warranty of any kind, either expressed or implied, is made as to the accuracy, reliability, or correctness of any translations made from English into any other language. Some content (such as images, videos, Flash, etc.) may not be accurately translated due to the limitations of the translation software.

The official text is the English version of the website. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. If any questions arise related to the accuracy of the information contained in the translated website, please refer to the English version of the website which is the official version.

Limitation on Liability

IN NO EVENT WILL Ocean3s.com, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

IN ACCEPTING LIABILITY AS THE LIMITED AUTHORIZED PAYMENT COLLECTION AGENT OF SELLER, Ocean3s.com AND ITS AFFILIATES ASSUME NO LIABILITY FOR ANY ACTS OR OMISSIONS OF SELLER.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

The term “Affiliate” referred to herein, is an entity that, directly or indirectly, controls, or is under the control of, or is under common control with Ocean3s.com, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.

Ocean3s.com Privacy Policy

Last update: January, 2020

Please read this privacy policy (the “Policy”) carefully to understand how we use your personal information. If you do not agree with this Policy, your choice is not to use our www.ocean3s.com (the “Site”). By accessing or using this Site, you agree to this Policy. This Policy may change from time to time; any changes we make to this Policy will be posted on this Site, we may also take any other steps, to the extent required by applicable law, including notifying you and/or seeking your explicit consent to material changes. Changes to this Policy are effective as of the stated “Last Updated” date. Other than where we have sought such explicit consent from you, your continued use of the Site after we make changes will constitute acceptance of, and agreement to be bound by, those changes, so please check the Policy periodically for any updates or changes.

THE SHORT VERSION

At Ocean3s.com we care about your privacy. We do not sell or rent your personal information to third parties for their direct marketing purposes without your explicit consent. We do not disclose it to others except as disclosed in this Policy or required to provide you with the services of the Site and mobile applications and its related sites, applications, services and goods (collectively, the “Site”), meaning – to allow you to buy, sell, share the information you want to share on the Site; to contribute on the forum; pay for products; post reviews and so on; or where we have a legal obligation to do so.

We collect information that you provide us or voluntarily share with other users, and also some general technical information that is automatically gathered by our systems, such as IP address, browser information and cookies to enable you to have a better user experience and a more personalized browsing experience.

We will not share information that you provide us in the process of the registration – including your contact information – except as described in this Policy.

Information that you choose to publish on the Site (photos, videos, text, music, reviews, deliveries) – is no longer private, just like any information you publish online.

Technical information that is gathered by our systems, or third party systems, automatically may be used for Site operation, optimization, analytics, content promotion and enhancement of user experience. In accordance with applicable local law, we may use your information to contact you – to provide notices related to your activities, or offer you promotions and general updates, but we will not let any other person, including sellers and buyers, contact you, other than through your user profile on the Site.

Your personal information may be stored in systems based around the world, and may be processed by third party service providers acting on our behalf. These providers may be based in countries that do not provide an equivalent level of protection for privacy as that enjoyed in the country in which you live. In that case, we will provide for adequate safeguards to protect your personal information.

You can exercise your rights over your personal information, by opening a Customer Relations ticket. If you do not have an active Ocean3s.com account, please contact us at [email protected]. More details about the rights applicable to you are in the long version of the Policy.

The above are just the highlights. We encourage you to read more about the information we collect, how we use it, understand the meaning of cookie (no, you can’t eat it) and more in the long version of our Policy below.

THE LONGER VERSION

Ocean3s.com (including Ocean3s.com Inc., and its affiliates) respects your privacy and is committed to protect the personal information of its users – buyers, sellers, collaborators and other visitors browsing the Site (“Users”) as well as affiliates, influencers and other collaborators interacting with Ocean3s.com. We believe that you have a right to know our practices regarding the information we collect when you visit and/or use the Site. This Policy explains our privacy practices for the Site and services provided by Ocean3s.com as well as privacy practices that apply to affiliates, influencers and other collaborators who are individuals. By accessing and/or using the Site and its related sites, applications, services, goods and/or registering for a Ocean3s.com account and/or using it as a collaborator to share comments on a specific project and/or registering to our affiliate or influencer or similar program, you agree to the terms and conditions of this Policy, including to our collection, use, disclosure, processing and retention of your personal information. You can also learn how to limit sharing of information in this Policy.

Information We Collect

When you register to our sites, or use it as collaborator, and/or register to our affiliate or influencer or similar program, we ask you to provide certain personal information, including a valid email address, facebook or google account log in details and username. We may ask you to provide or otherwise collect additional information that you provide us, such as, your profile details, physical address, telephone number or other contact details, financial information (such as payment method and credit card number), details about other social networks linked accounts, details about your listed gigs, purchases, education, profession and expertise, and additional authentication information (such as your government issued ID, passport, or driving license, as permitted by applicable laws and as detailed in our Seller Help Center at “Verifying Your Identity”). We also collect information about your communications with Ocean3s.com as well as communication with other users of Ocean3s.com.

In addition, we collect information while you access, browse, view or otherwise use the Site. In other words, when you access the Site we are aware of your usage of the Site, and gather, collect and record the information relating to such usage, including geo-location information, IP address, device and connection information, browser information and web-log information, and all communications recorded by Users through the Site. We use that information to enhance user experience, personalize your browsing experience as well as monitor the Site for preventing fraud and inappropriate content or behaviour. We also collect supplemental information obtained from third parties such as demographic and navigation data, if applicable.

Additionally, in order to improve your online experience at Ocean3s.com, we have implemented impression reporting. While you view our ads, we gather user Global Unique Identifier, HTTP request data like, user agent, IP, host, url, country/continent from which request made, browser info, device/operating system/operating system version.

Once you register, your username and additional information regarding your activity is made public and is visible to all Users of the Site. This information includes photos you upload, your published portfolio, Gig information, ratings, and additional information you may choose to add to your profile.

How do we collect Information?

You directly provide us with most of the information we collect. You do this by filling out the registration details on the Site, linking to your Ocean3s.com account of other social networks (please also see the External Links section below), completing application forms, skill tests and customer surveys (if any) as well as by posting and sharing additional information voluntarily. This can include information about sellers and their Gigs, User’s location, education and profession, sharing of portfolio, ratings and feedbacks by buyers and anything you choose to add to your user profile.

We also collect technical information indirectly and automatically through our systems. This information includes logging your Internet Protocol (IP) address, software configuration, operating system and use of cookies (cookies are small files sent from us to your computer and sometimes back). Cookies ultimately help us improve your navigation and ease of use of our Site. You can find further information about Cookies in this Policy below, under “Cookies”.

We also collect information from third party vendors and/or partners and/or other commercially available sources such as data aggregators and public databases , who provide us data to supplement the information we collect about you, in accordance with applicable laws. For example, we may receive fraud warnings from service providers for our fraud prevention and risk assessment efforts.

If you link, connect, or login to your Ocean3s.com Account with a third-party service (e.g. Google, Facebook, LinkedIn), we receive certain information, such as your registration and profile information from that service. This information varies and is controlled by that service or as authorized by you via your privacy settings at that service.

We also receive certain information about you, if you are invited to Ocean3s.com by another user (for example, as part of our collaboration tools and referral program), in such case we will receive limited information, such as your email address or other contact information, and we will use it for the same purpose it was provided and in accordance with the terms of this Privacy Policy.

Do Not Track

Do Not Track (DNT) is a privacy preference that users can set in some web browsers, allowing users to opt out of tracking by websites and online services. We do not honor browser requests not to be tracked online (known as “Do Not Track”), but our cookie policy below describes how you can opt out of receiving cookies.

How do we use the Information collected?

Where relevant under applicable laws, all processing of your personal information will be justified by a “condition” for processing. In the majority of cases, processing will be justified on the basis that:

• you have provided your consent for us to use your personal information for a specific purpose;
• our use of your personal information is necessary to perform a contract or take steps to enter into a contract with you (e.g. to provide you with services which you have purchased);
• the processing is necessary to comply with a relevant legal obligation or regulatory obligation that we have (e.g. fraud prevention); or
• the processing is necessary to support our legitimate interests as a business (e.g. to improve our services to you), subject to your interests and fundamental rights and provided it is conducted at all times in a way that is proportionate.

We will use your personal information for the following purposes:

• to provide you with quality service and security, to operate the Site and to perform our obligations to you. For example, we use the information collected from you to verify your identity. We also use this information to establish and set up your account, verify or re-issue a password, log your activity, enable your communications with other members, provide customer support and contact you from time to time. The information helps us develop and improve our services to you and customize and personalize your experience (including by making gig suggestions, ranking search results, etc.).
• to ensure marketplace integrity, prevent fraud and maintain a safe and secure marketplace. For example, we use your information to track and prevent fraudulent activities and other inappropriate activities and, monitor content integrity, conduct security investigations and risk assessments, verify or authenticate information provided by you, enforce our Terms of Service and comply with applicable laws. We conduct certain behavioural analytics to achieve the above objectives and in limited cases, if we detect activity that we think poses a risk to the Ocean3s.com marketplace, other users, our community, or third parties, automated processes may restrict or limit your ability to use Ocean3s.com. If you would like to challenge any such decision, please contact us at [email protected].
• to promote and advertise the Ocean3s.com Site and marketplace. For example, we use the information collected from you for the purpose of sending direct marketing messages (as detailed below), to show you information that may be of interest to you, to organize and facilitate referral programs, contests or other promotional activities or events.
• to maintain appropriate business records, to comply with lawful requests by public authorities and to comply with applicable laws and regulations or as otherwise required by law.

We will ask for your consent before using information for a purpose other than those set out in this Policy.

Direct marketing:

• We use your personal information to send you direct marketing communications about our products, services or promotions from Ocean3s.com that may be of interest to you or our related services. This may be via email, post, SMS, telephone or targeted online advertisements.
• In most cases our processing of your personal information for marketing purposes is based on our legitimate interest, although some cases (such as where required by law) will be based on your consent. You have a right to prevent direct marketing of any form at any time – this can be exercised by following the opt-out link attached to each communication or by sending an email to [email protected].
• We take steps to limit direct marketing to a reasonable and proportionate level, and to send you communications which we believe may be of interest or relevance to you, based on the information we have about you.

How long do we keep your information?

We apply a general rule of keeping personal information only for as long as is required to fulfil the purpose for which it was collected. However, in some circumstances we may retain your personal information for longer periods of time. We may retain your information for the following purposes:

• as long as it is necessary and relevant for our operations, e.g. so that we have an accurate record of your dealings with us in the event of any complaints or challenge; and
• in relation to personal information from closed accounts to comply with applicable laws, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigation, enforce our Site terms and take other actions as permitted by law.

Children Under the Age of 13

Our Site is not intended for children under 13 years of age. No one under age 13 should provide any personal information to or on the Site. We do not knowingly collect personal information from children under 13. Parents and guardians should at all times supervise their children’s activities. If we learn we have collected or received personal information from a child under 13, we will delete that personal information. If you believe we might have any information from or about a child under 13, please contact us at [email protected]

Sharing Personal Information with Third Parties

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent.

We combine your personal information with information we collect automatically or obtain from other companies and use it to improve and personalize our services, content and advertising and/or to prevent fraud. If you do not wish to receive marketing communications from us, you can opt-out through the link attached to each communication or by sending an email to [email protected]

We provide your personal details to third parties, only in order to operate the Site, provide our services to you, fulfil obligations imposed on us by applicable laws and regulations, and prevent fraud and illegal activities, as detailed below:

• We share your information with service providers that provide us with services for the purpose of operating the Site, opening and operating your account as well as providing ancillary services (example – payment vendors, CRM systems, forum hosting, community management services, IT SaaS services, mailing systems or technical consultants). Our contracts with these service providers do not permit use of your information for their own (marketing) purposes. Consistent with applicable legal requirements, we take commercially reasonable steps to require third parties to adequately safeguard your personal information and only process it in accordance with our instructions;
• We will share your information to law enforcement agencies, public authorities or other organisations in order to respond to a subpoena or court order, judicial process or to regulatory authorities, if we believe we are required to do so by law, or that doing so is reasonably necessary to comply with legal processes; when we believe it necessary or appropriate to disclose personal information to law enforcement authorities, such as to investigate actual or suspected fraud or violations of law, breaches of security, or breaches of this Policy; to respond to claims against us; and to protect the rights, property, or personal safety of Ocean3s.com, our customers, or the public;
• We share your information with payment processors, fraud detection agencies and similar third parties for the purpose of securing the site and protecting it against fraud, unauthorized transactions (such as money laundering), claims or other liabilities;
• We share your information to help facilitate interactions between Users. For example if you are a Buyer we may share certain limited information about you (such as the fact it is your first purchase on Ocean3s.com) with the Seller to ensure the services you receive from the Seller will fit your needs; such sharing of information is limited in scope, will not include personal identifying information (PII) and is only intended to improve the services provided by the Seller and your user experience;
• We share your information with Ocean3s.com’s corporate affiliates (Ocean3s.com Inc., Ocean3s.com And Ocean3s.com Limited) that are related by common control for the purpose of operating the Site, providing our services to you and for other purposes listed herein; and
• Your personal information will also be disclosed if we go through a business transition such as a merger, sale, transfer of all or a portion of Ocean3s.com’s assets, acquisition, bankruptcy or similar event. In the event that we sell any business or assets, we will disclose your data to the prospective buyer. If we or substantially all of our assets are acquired by a third party, information held by us about our users will be one of the transferred assets.

Please note, your profile information and additional information regarding your activity is made public and is visible to all Users of the Site. When you publish your information and/or share your data with other Ocean3s.com Users, you do so at your own risk. While Ocean3s.com strives to protect your privacy and our Terms of Service require our Users not to use the data shared with them, Ocean3s.com cannot ensure that all Users will do so.

This Site is also protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply with respect to data collected by reCAPTCHA. The use of Google reCAPTCHA is required in order to prevent fraud and misuse of the Site by use of automated machines. To learn more, please see Google’s privacy policy

Cookies

When you visit the Site, we use industry-wide technologies such as “cookies” (or similar technologies), which store certain information on your computer and which will allow us, among other things, to enable automatic sign-in to the Site, make your browsing much more convenient and effortless and allow us to test user experience and offer you personalized browsing or promotions. By continuing to use this Site, you are agreeing to our placing cookies on your computer or device in accordance with the terms of this Policy.

The Site uses cookies to collect statistical data about its use, to tailor the Site’s functionality to suit personal preferences and to assist with various aspects of Site operation. These files contain a variety of information such as information about Ocean3s.com webpages visited by you, the length of time you visited the Site, data about how you came to visit the Site, areas viewed by you within the Site, and additional information. Cookies remain on your device for the period described below.

The following is a more detailed explanation of the types of cookies we use:

• Necessary cookies
  Necessary cookies are essential and help you navigate the Site. This helps to support security and basic functionality and are necessary for the proper operation of the Site, so if you block these cookies we can’t guarantee your use or the security during your visit.
• Functionality cookies
  Functionality cookies are used to provide you the best user experience. These cookies are, for instance, used to personalize content for you in line with your location. It also allows the Site to remember choices made (like turning off use of cookies or which location you have previously selected) to provide more personal features.
• Performance cookies
  Performance cookies help us to understand the behavior of users of the Site. This allows us to continuously improve the Site to provide the best information in support of our project aims. These cookies are also used to help us understand how effective our Site is; for instance these cookies tell us which pages visitors go to most often and if they get error messages from web pages. All of the information that these cookies collect is aggregated, to assist us to improve how the Site works. Some of these cookies are managed by third parties, and you may refer to the third parties’ own website privacy notifications for further information. In particular, we use Google Analytics cookies to obtain an overall view of user habits and volumes, and to help improve the overall experience on the Site. Google Analytics is a third-party web analysis service provided by Google Inc, which uses performance cookies and targeting cookies. The information generated by these cookies about your use of the Site (including your IP address) will be transmitted to and stored by Google Inc on servers in the United States.

Google will use the information collected for the purpose of evaluating your use of our Site on our behalf, compiling reports on website activity and providing other services relating to activity and internet usage to us. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser as described below. Furthermore you can prevent Google’s collection and use of data (cookies and IP address) by downloading and installing the browser plug-in available under https://tools.google.com/dlpage/gaoptout?hl=en-GB. This creates an opt-out cookie which prevents the further processing of your data. For more information about Google Analytics cookies, please see Google’s help pages and privacy policy.

If you prevent these cookies, we cannot guarantee how the Site will perform for you.

Blocking or Deleting Cookies

We shall store a cookie on your computer or device to remember this for next time, so that we can store your preferences and save you time on subsequent visits by eliminating the need to repeatedly enter the same data. You may set your browser to block all cookies, including cookies associated with our services, or to indicate when a cookie is being set by us. You should do this through the browser settings for each browser you use. Please be aware that some of our services will not function if your browser does not accept cookies. However, you can allow cookies from specific websites by making them “trusted websites” in your internet browser.

The following links may assist you in managing your cookies settings, or you can use the ‘help’ option in your internet browser for more details:

• Internet Explorer
• Google Chrome
• Safari
• Adobe (flash cookies)

External Links

Please note that the Site contains links to third party sites and if you link to a third party site from the Site, any data you provide to that site and any use of that data by the third party are not under the control of Ocean3s.com and are not subject to this Policy. You should consult the privacy policies of each site you visit. This Policy applies solely to personal information collected by our Site. If you upload content, including your personal information, to a social network and then tag the Site, your submission will be subject to that social network’s terms of use and privacy policy, even where you post on an official Fiver page on the social network. We do not have control over these terms of use and privacy policies and have not reviewed their adequacy. You should therefore review these before submitting any personal information.

Security

We take great care in maintaining the security of the Site and your information and in preventing unauthorized access, loss, misuse, alteration, destruction or damage to it through industry standard technologies and internal procedures. Among other things, we regularly maintain a PCI DSS (Payment Card Industry Data Security Standards) certification (with respect to payment by credit cards). In addition, we contractually ensure that any third party processing your personal information equally provide for confidentiality and integrity of your data in a secure way. However, the transmission of data via the internet is not completely secure, and although we will do our best to protect your personal information, we cannot guarantee the security of your data transmitted to the Site; any transmission is at your own risk. Once we have received your data, we will use strict procedures and security features to try to prevent unauthorized access.

Users who have registered to the Site agree to keep their password in strict confidence and not disclose such password to any third party.

Further information about our data security practices can be provided on request.

Rights of EU Users and Data Subjects

Under applicable EU regulation, you have the following rights in respect of your personal information:

• to obtain a copy of your personal information together with information about how and on what basis that personal information is processed;
• to rectify inaccurate personal information;
• to erase your personal information in limited circumstances where (a) you believe that it is no longer necessary for us to hold your personal information; (b) we are processing your personal information on the basis of legitimate interests and you object to such processing, and we cannot demonstrate an overriding legitimate ground for the processing; (c) where you have provided your personal information to us with your consent and you wish to withdraw your consent and there is no other ground under which we can process your personal information; and (d) where you believe the personal information we hold about you is being unlawfully processed by us;
• to restrict processing of your personal information where: (a) the accuracy of the personal information is contested; (b) the processing is unlawful but you object to the erasure of the personal information; (c) we no longer require the personal information for the purposes for which it was collected, but it is required for the establishment, exercise or defense of a legal claim or (d) you have objected to us processing your personal information based on our legitimate interests and we are considering your objection;
• to challenge processing which we have justified on the basis of our legitimate interest;
• to object to decisions which are based solely on automated processing or profiling;
• where you have provided your personal information to us with your consent, to ask us for a copy of this data in a structured, machine-readable format and to ask us to share (port) this data to another data controller; or
• to obtain a copy of or access to safeguards under which your personal information is transferred outside of the EEA.

In addition to the above, you have the right to lodge a complaint with a supervisory authority for data protection.

We will ask you for additional data to confirm your identity and for security purposes, before disclosing data requested to you. We reserve the right to charge a fee where permitted by law. We will decline to process requests that jeopardize the privacy of others, are extremely impractical, or would cause us to take any action that is not permissible under applicable laws. Additionally, as permitted by applicable laws, we will retain where necessary certain personal information for a limited period of time for record-keeping, accounting and fraud prevention purposes.to [email protected]

Updating Your Information

We take steps to ensure that the personal information we collect is accurate and up to date, and we provide you with the opportunity to update your information through your account profile settings. In the event that you believe your information is in any way incorrect or inaccurate, please let us know immediately. We will make sure we investigate the matter and correct any inaccuracies as quickly as possible where necessary or give you ways to update it quickly or to delete it – unless we have to keep that information for legitimate business or legal purposes. When updating your personal information, we will ask you to verify your identity before we can act on your request. If for any reason you have a problem with deleting your personal information, please contact Ocean3s.com’s Customer Support and we will make reasonable efforts to delete any such information pursuant to any applicable privacy laws.

You can review and change your personal information by logging into the Site and visiting your account profile page.

If you delete your User Generated Content (“UGC”), as defined in the Ocean3s.com Terms of Service, from the Site, copies of your UGC may remain viewable in cached and archived pages, or might have been copied or stored by other Site users. Proper access and use of information provided on the Site, including UGC, is governed by our Terms of Service.

Contact Us

To exercise any of your rights in connection with your personal information, we kindly ask that you open a Customer Relations ticket. Please include all the relevant details, so your ticket can be handled correctly. We will process any requests in line with any local laws and our policies and procedures. If you do not have an active Ocean3s.com account, please contact us at [email protected]

If you have any questions (or comments) concerning this Policy, please email our team at [email protected], we will make an effort to reply within a reasonable timeframe.

Intellectual Property Claims (DMCA, Trademark Infringement)

REPORTING CLAIMS OF COPYRIGHT INFRINGEMENT (DMCA)

Updated at : January, 2020

Ocean3s.com.com’s content is based on User Generated Content (UGC). Ocean3s.com does not check user uploaded/created content for violations of copyright or other rights. However, if you believe any of the uploaded content violates your copyright or a related exclusive right, you should follow the process below. Ocean3s.com looks into reported violations and removes or disables content shown to be violating third party rights.

In order to allow us to review your report promptly and effectively, a copyright infringement notice (“Notice”) should include the following:

• Identification of your copyrighted work and what is protected under the copyright(s) that you are referring to
• Your copyright certificate(s)/designation(s) and the type, e.g., registered or unregistered
• Proof of your copyrights ownership, such as the registration number or a copy of the registration certificate
• A short description of how our user(s) allegedly infringe(s) your copyright(s)
• Clear reference to the materials you allege are infringing and which you are requesting to be removed, for example, the GIG® url, a link to the deliverable provided to a user, etc.
• Your complete name, address, email address, and telephone number.
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement made under penalty of perjury that the information provided in the notice is accurate and that you are the copyright owner or the owner of an exclusive right that is being infringed, or are authorized to make the complaint on behalf of the copyright owner or the owner of an exclusive right that is being infringed.
• Your electronic or physical signature

You can send your Notice to our designated DMCA Agent at:

Ocean3s.com International Ltd.
Attention: 7132-7135bagan jermal, taman bayu, 12300, butterworth. Sbg perai (U) Malaysia

Phone : +6043337892, +0162460106

Alternatively you can submit the Notice electronically to [email protected].

Note that we will provide the user who is allegedly infringing your copyright with information about the Notice and allow them to respond. In cases where sufficient proof of infringement is provided, we may remove or suspend the reported materials prior to receiving the user’s response. In cases where the allegedly infringing user provides us with a proper counter-notification indicating that it is permitted to post the allegedly infringing material, we may notify you and then replace the removed or disabled material. In all such cases, we will act in accordance with 17 U.S.C Section 512 and other applicable laws.

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

COUNTER-NOTIFICATION PROCEDURES

If you believe that material you posted on the site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our DMCA agent (identified above). Pursuant to the DMCA, the Counter-Notice must include substantially the following:

• Your physical or electronic signature.
• An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
• Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
• A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
• A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice. Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.]

TRADEMARK INFRINGEMENT

Ocean3s.com content is based on User Generated Content (UGC). Ocean3s.com does not check user uploaded/created content for violations of trademark or other rights. However, if you believe any of the uploaded content violates your trademark, you should follow the process below. Ocean3s.com looks into reported violations and removes or disables content shown to be violating third party trademark rights.

In order to allow us to review your report promptly and effectively, a trademark infringement notice (“TM Notice”) should include the following:

• Identification of your trademark and the goods/services for which you claim trademark rights
• Your trademark registration certificate and a printout from the pertinent country’s trademark office records showing current status and title of the registration. Alternatively, a statement that your mark is unregistered, together with a court ruling confirming your rights
• A short description of how our user(s) allegedly infringe(s) your trademark(s)
• Clear reference to the materials you allege are infringing and which you are requesting to be removed, for example, the GIG® url, a link to the deliverable provided to a user, etc.
• Your complete name, address, email address, and telephone number.
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the trademark owner, its agent, or the law.
• A statement made under penalty of perjury that the information provided in the notice is accurate and that you are the trademark or are authorized to make the complaint on behalf of the trademark owner
• Your electronic or physical signature

You can send your Notice to our designated DMCA Agent at:

Ocean3s.com International Ltd.
Attention: 7132-7135bagan jermal, taman bayu, 12300, butterworth. Sbg perai (U) Malaysia

Phone : +6043337892, +0162460106

Alternatively you can submit the Notice electronically to [email protected].

Note that we will provide the user who is allegedly infringing your trademark with information about the TM Notice and allow them to respond. In cases where sufficient proof of infringement is provided, we may remove or suspend the reported materials prior to receiving the user’s response. In cases where the allegedly infringing user provides us with information indicating that it is permitted to post the allegedly infringing material, we may notify you and then replace the removed or disabled material. In all such cases, we will act in accordance with applicable law.