Artist Agreement
Artist Agreement
Last Updated: November 7, 2024
By using DigitRaver as a performer/streamer, you agree to the following terms:
1. Grant of License
- Artist grants DigitRaver a non-exclusive, worldwide license to stream, distribute, and display their content on the platform.
2. Ownership and Rights
- Artist must own all rights to the content streamed.
- All intellectual property rights remain with the artist, except for the licensed rights granted to DigitRaver.
3. Content Guidelines
- Prohibited Content: Illegal material and copyright violations are strictly prohibited.
- DigitRaver reserves the right to remove any content that violates these guidelines.
4. Payments
- Payment Schedule: Payments will be made once a month to the artist's designated PayPal account.
- Payment Threshold: Artists must accumulate over $3 per month to be eligible for payout. Earnings below this threshold will roll over to subsequent months.
- Fraudulent Activity: DigitRaver reserves the right to remove any payments deemed fraudulent or suspicious.
- Source of Truth: DigitRaver's database is considered the definitive source for all payment calculations and metrics.
5. Data Analytics
- All data analytics generated through the platform are the property of DigitRaver, Inc.
- DigitRaver may use this data at its discretion.
6. Term and Termination
- Termination by Notice: Either party can terminate the agreement by providing notice to the other party.
- Immediate Suspension: DigitRaver may immediately suspend or terminate the artist's access in cases of "no-shows" or breaches of the agreement.
7. Limitation of Liability
- DigitRaver is not liable for any indirect, incidental, or consequential damages arising from the use of the platform.
- Liability is limited to direct damages up to the amount earned by the artist in the month preceding the claim.
8. Force Majeure
- Neither party is liable for delays or failures due to events beyond their control, including natural disasters, acts of war, server outages, or app malfunction.
9. Modification of Terms
- DigitRaver reserves the right to modify the agreement's terms.
- Artists will be notified of changes within a reasonable time frame.
- Continued use of the platform constitutes acceptance of the new terms.
10. Tax Obligations
- The artist is responsible for reporting and paying any taxes associated with income earned through the platform.
11. Indemnification
- Artist agrees to indemnify and hold DigitRaver harmless from any claims arising from their content or breach of the agreement.
12. Assignment
- The artist may not assign or transfer their rights or obligations without prior written consent from DigitRaver.
13. Non-Exclusivity
- The agreement is non-exclusive; artists are free to stream their content on other platforms.
14. Dispute Resolution
- Any disputes will be addressed through email correspondence between the parties.
15. Entire Agreement
- This agreement constitutes the entire understanding between the parties and supersedes all prior agreements.
16. Confidentiality
- Both parties agree to keep any proprietary information received from the other confidential.
17. Performance Metrics and Reporting
- Artists have access to performance metrics and reports via the in-app dashboard.
18. Compliance with Laws
- Both parties agree to comply with all applicable laws and regulations.
19. Governing Law
- The agreement is governed by the laws of the United States.
20. Severability
- If any provision is found invalid, the remaining provisions remain in full effect.
21. Face Data and ARKit Usage
- The platform uses ARKit functionality for detecting or tracking facial data when requested.
- All face data collected via ARKit is processed locally on the artist's (or viewer's) device solely for the purposes of providing real-time augmented reality features.
- No camera video feed is uploaded to DigitRaver's servers, shared with third parties, or retained beyond the current session.
- The user's video feed is not shared over the network, but the character deformations through the performer avatar—if used—are transmitted for performance purposes.
Key Points
- Fraudulent Payments: DigitRaver reserves the right to remove any payments deemed fraudulent or suspicious.
- Payment Eligibility: Payments require an accumulation of over $3 per month to be eligible.
- Monthly Payments: Payments are made once a month per PayPal account.
- Source of Truth for Payments: DigitRaver's database is the definitive source for payment calculations.
For questions about this agreement, please contact: support@digitraver.com
