THE CREATORS OF THE TIP FOR TOKEN™ NFT
THE CREATORS OF THE TIP FOR TOKEN™ NFT
R3V LIVE is about leveraging digital art to revolutionize the music industry. To make this online destination for creativity available, it is essential all R3V LIVE users respect the intellectual property rights of others, including copyright and trademarks. You must only provide content you have created or commissioned yourself and have permission to use and sell. If you are a customer or browser, please respect the copyright and trademarks of all the works you see or buy on R3V LIVE. Respecting other people’s intellectual property is an essential principle of R3V LIVE's community. Displaying your work on R3V LIVE puts it out there for the world to see. You need to be aware that publishing your work in this way attracts legal responsibilities. It is up to you to make sure you are not breaking any laws by publishing your work through R3V LIVE. Respect each other and respect the art you find here and you’ll help make R3V LIVE an inspiring and enjoyable community. It is important you read the agreement below. Using this website means you accept this agreement. If you do not agree with its terms, do not use this website.
All visitors (“user”, “you”, “your”) to the R3V LIVE website at www.r3v.live (“the website”) are entering a binding legal agreement on the following terms (the “agreement”) when using the website. The agreement is between the user and R3VOLUTION DIGITAL, INC. ( “R3V”, "R3V LIVE", “we”, “us”, “our” refer to either the R3V LIVE website or R3VOLUTION DIGITAL, INC. as the context requires) and use of this website indicates continued acceptance of this agreement.
Our services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Our services are not available to persons under 16 years of age.
AMENDMENT TO THIS AGREEMENT
We may amend the terms of this agreement from time to time, and we will let you know about these changes either by sending you an email to the email address you have registered with R3V LIVE or by displaying information about the changes on our home page, or both. Either way, your continuing use of the website will be taken to be acceptance of the new terms.
R3V LIVE provides a range of services, which, among other things, enable you to publish, sell, and purchase blockchain-based digital art; and receive the benefits of R3V LIVE's facilitation of product fulfillment, including blockchain processing, payment processing, and customer service. The digital content on the website (“your content”) may be information, text, data, graphics, images, photographs, sound, video, music or any other material uploaded by you (or R3V, on your behalf). Any content that is uploaded by you (or R3V, on your behalf) into the Events > Digital Merch section of your account is described as "your art”. Your art may be viewed by all users of the website once you elect to publish it.
PUTTING CONTENT ON THE R3V LIVE SITE
You keep the copyright in any content you submit or upload to the website. In order to receive the R3V LIVE services you grant R3V LIVE a non-exclusive royalty free license to use and archive the content in accordance with or as reasonably contemplated by this agreement.
When you submit or upload content on the website you represent and warrant that:
R3V LIVE reserves the right to review and if in its sole discretion deemed necessary, remove any content from the website and / or cancel your account, because that content breaches your agreement with us and / or any applicable laws, or otherwise. You agree to indemnify R3V LIVE in respect of any direct or indirect damage caused due to your breach of one or more of these warranties.
PURCHASING A PRODUCT ON R3V LIVE
Users can purchase products on the R3V LIVE website using a valid credit card, Venmo, or the PayPal system. The price you pay is fixed at the time of ordering. You may not cancel an order once it has been submitted.
PAYING YOU AFTER YOUR PRODUCT IS SOLD
Payment terms are explained in the Services Agreement below.
Digital merchandise that has been purchased will appear in your Collection as soon as the payment and blockchain transactions have completed successfully.
Digital merchandise items that do not sell out on the day/night of the event will be made available for sale in the Events section of the R3V LIVE website.
REPORTING INAPPROPRIATE CONTENT TO R3V LIVE
R3V LIVE may not always manually screen content before it is displayed on the website, so occasionally users may inadvertently or deliberately submit and display content that breaches this agreement.
Inappropriate content includes, but is not limited to, content that infringes the copyright or other intellectual property rights of any person or company, or that defames or vilifies any person, people, races, religion or religious group, is obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
R3V LIVE reserves the right (but not the obligation) to remove or edit such content. Please help us by letting us know immediately about any inappropriate, or potentially inappropriate, content you see on the website. You can do this by emailing email@example.com.
You must ensure that your access to this website and the R3V LIVE service is not illegal or prohibited by laws that apply to you.
You must take your own precautions to ensure that the process that you employ for accessing this website and the R3V LIVE service does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage own computer system.
We do not accept responsibility for any interference or damage to any computer system that arises in connection with your use of this website or any linked website. We do not accept liability for any losses arising directly or indirectly from a failure to provide the R3V LIVE service, corruption to or loss of data, errors or interruptions, any suspension or discontinuance of the R3V LIVE service, or any transmissions by others in contravention of the registered members’ obligations as set out in this agreement.
You acknowledge that we may not be able to confirm the identity of other registered members or prevent them acting under false pretenses or in a manner that infringes the rights of any person.
INTELLECTUAL PROPERTY RIGHTS AND LICENSE
By submitting digital content to R3V LIVE, you grant R3V LIVE a non-exclusive, worldwide, royalty-free, sublicense-able and transferable license to use, reproduce, distribute, prepare derivative works of and display the content of such content in connection with R3V LIVE's (and its successors' and affiliates') services and business in facilitating the sale of your product, including without limitation for promoting and redistributing part or all of the R3V LIVE site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the R3V LIVE site a non-exclusive license to access your content through the site, and to use, reproduce, distribute, and display such content as permitted through the functionality of the site and under this User Agreement. The above licenses terminate within a commercially reasonable time after you remove or delete your content from the R3V LIVE site.
All intellectual property rights in this website and the R3V LIVE service (including the software and systems underlying the R3V LIVE service, and text, graphics, logos, icons, sound recordings and software) are owned by or licensed to us. Other than for the purposes of, and subject to the conditions prescribed under relevant Copyright and Trade Mark legislation throughout the world, and except as expressly authorized by this agreement, you may not in any form or by any means:
If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks in or as the whole or part of your own trade marks; in connection with activities, products or services which are not ours; in a manner which may be confusing, misleading or deceptive; or in a manner that disparages us or our information, products or services (including this website).
This website may contain links to other websites (“linked websites”). Those links are provided for convenience only and may not remain current or be maintained.
We are not responsible for the content or privacy practices associated with linked websites.
Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.
We do not represent or guarantee that the R3V LIVE service or this website, or any other website that is accessible using a hyperlink from this website will be free from errors or viruses. We do not represent or guarantee that access to the R3V LIVE service or these websites will be uninterrupted.
You acknowledge that the R3V LIVE service or this website may be affected by outages, faults or delays. Such outages, faults or delays may be caused by factors, including technical difficulties with the performance or operation of our or another person’s software, equipment or systems, traffic or technical difficulties with the Internet or infrastructure failures.
We do not warrant that any members’ uploads to this website will be protected against loss, or misuse or alteration by third parties. We do not warrant that all uploaded content will be available on our website. If we elect in our sole discretion to make available content on our website, we do not warrant that it will be available within a certain time frame.
We do not accept responsibility for any loss or damage, however caused (including through negligence), that you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website.
To the extent permitted by law, any condition or warranty that would otherwise be implied into these terms and conditions is hereby excluded.
You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless, as well as, all third parties printing, manufacturing and/or otherwise fulfilling the products you are selling via the website, their officers, directors, employees, agents and representatives harmless, from and against any and all claims, damages, losses, liabilities, costs (including reasonable legal fees) or other expenses that arise directly or indirectly out of or from:
This indemnity will be applicable without regard to the negligence of any party, including any indemnified person.
SECURITY OF INFORMATION
No data transmission over the Internet can be guaranteed as totally secure. We strive to protect such information, however we do not warrant and cannot ensure the security of any information that you transmit to us. Accordingly, any information that you transmit to us is transmitted at your own risk.
TERMINATION OF ACCESS
Access to this website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.
This User Agreement and all disputes relating to this User Agreement, or relating to your use of any part of the R3V LIVE service, will be exclusively resolved under confidential binding arbitration held in Hays County, Texas. All disputes will be resolved in accordance with the Rules of JAMS, applying Texas law, without regard to conflicts of law principles.
You and R3V LIVE agree to submit to the personal and exclusive jurisdiction of the Federal and Texas State courts in Hays County for purposes of enforcing any arbitration award. Notwithstanding the foregoing, R3V LIVE may seek injunctive or other equitable relief, from a court of competent jurisdiction. You and R3V LIVE agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You and R3V LIVE agree that any cause of action arising out of or related to the R3V LIVE site (including but not limited to any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
If you have a dispute with one or more users or sellers, you release R3V LIVE (and R3V LIVE's officers, directors, agents, subsidiaries, joint ventures and employees) from claims demands and damages (actual and consequential) of every kind of nature, known and unknown, arising out of or in any way connected with such disputes.
We accept no liability for any failure to comply with this agreement where such failure is due to circumstances beyond our reasonable control.
If we waive any rights available to us under this agreement on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of the terms of this agreement are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
You wish to use R3V LIVE’s services to facilitate marketing and sale of your digital merchandise (art) and to arrange for the transfer of those digital assets to to the buyer's blockchain wallet address once an order has been made through R3V LIVE ("the website"). R3V LIVE will provide these services on the terms set out in this Services Agreement.
1.1 R3V LIVE, acting as independent contractor under your instructions in relation to the performance of marketplace services, will market to and obtain orders from customers for the purchase of your digital merchandise products over the website and on instruction from you. R3V LIVE will provide the following for product management and fulfillment (Services) :
While R3V LIVE's capacity is one of independent contractor in relation to the Services, it acts your agent specifically in relation to the sales transaction between you and the customer who buys your product – see further clause 5.2 below.
1.2 R3V LIVE will provide the Services pursuant to this agreement until termination in accordance with its terms.
1.3 You agree that R3V LIVE is free to act in any capacity for any other person interested in promoting, marketing and obtaining orders from members of the public for the purchase of their products over the website, including any products that are similar to your products.
2. LICENSE AND STANDING INSTRUCTIONS
2.1 You grant R3V LIVE a non-exclusive royalty free license to use your intellectual property relating to your products for the purpose of enabling us to carry out the Services.
2.2 You hereby instruct R3V LIVE to facilitate the sale of your product which includes payment, display, and blockchain processing in accordance with reasonable business practices.
3. SALE OF YOUR PRODUCTS
3.1 The retail price charged to customers who purchase your product is made up of:
When making each individual work available for sale, you are able to select any retail price you wish, greater than or equal to zero, above the base amount. The retail price selected by you on the website for each of your products is used to calculate the dollar value of your commission for each sale.
3.2 When making each individual work available for sale, you are able to designate one or more commission payees ("payees"), and you are able to specify the percentage of the commission to be received by each Payee. The sum of commission percentages for all payees must total 100%.
4. PAYMENT TERMS
4.1 You authorize R3V LIVE to collect, hold and distribute the retail price (“sale proceeds”) from customers on the terms set out in this clause 4.
4.2 You authorize R3V LIVE to deduct the base amount (which includes R3V LIVE margin for facilitation services, including tax where applicable) from the sales proceeds for your products before distributing your commission (which will include tax where applicable).
4.3 We will pay your commission in accordance with the payment method you select on the website. When you release digital products in conjunction with an event, we will pay commissions on all sales up until 11:59pm CST on the last day of the event the following day. Commissions on sales of remaining products will be paid weekly.
4.4 We may set payment amount threshold amounts in relation to a week or other time period - and where the payment amount does not exceed any applicable threshold for the relevant period, R3V LIVE may elect to postpone your payment until the threshold is exceeded.
4.5 It is your responsibility to ensure R3V LIVE has current details of your bank account. R3V LIVE will not be liable for any loss suffered by you if you provide us with incorrect details in relation to the payment method. If we are unable to pay you because you have given us incorrect details or your details are out of date, we will hold your commission for up to 12 months from the payment date. If you have not notified R3V LIVE of any amendment to the payment method details in that time your commission proceeds will be forfeited to R3V LIVE or donated to a charity of our choice.
5. TAXATION RESPONSIBILITY
5.1 Except as required otherwise by applicable Federal or State Taxation Laws or Regulations:
(a) Each party is responsible for their own taxes associated with each transaction and will account for any taxes imposed by governments or governing authorities, and related accounting or audit requirements arising out of, as a result of, incidental to, or in connection with obligations under this Services Agreement. We recommend that you consult with your tax advisor as to the application of taxes for you, as the seller of the merchandise. This may include Sales Tax, VAT, GST and other transactional taxes;
(b) R3V LIVE will not collect or pay taxes on your behalf as R3V LIVE is merely acting as an agent in facilitating the sale of your product to the customers. As stated in clause 4.2 of this Agreement, the amounts distributed to you will be deemed to be inclusive of any taxes, if applicable. You will at all times be solely responsible for reporting and remitting any tax liabilities arising out of the sale of your products together with any potential interest or penalties that any tax authority may levy as a result of non-compliance. If you are registered for VAT in the EU, R3V LIVE may, upon your request, provide you with a VAT invoice for any charges levied by us; and
(c) all tax-related reporting responsibilities by you to relevant tax authorities are entirely your responsibility.
6.1 You hereby indemnify and will keep R3V LIVE indemnified from and against all claims, debts, accounts, expenses, costs, liens, actions and proceedings of any nature whatsoever, whether known or unknown by any person, arising from, incidental to, or by virtue of, the appointment, or any breach or non-performance of your obligations under this Services Agreement or arising out of your willful act, neglect or default in the performance of such obligations.
6.2 This clause 6 will survive the termination of this Services Agreement.
7. LIMITATION OF LIABILITY
7.1 In no case will R3V LIVE be liable for any consequential loss or damage suffered by you arising from this Services Agreement. To the extent permitted by law, all warranties and conditions implied by law are hereby expressly excluded.
8. TERMINATING THIS AGREEMENT
8.1 You can give notice of termination of this Services Agreement by closing your account in the method described in the User Agreement.
8.2 R3V LIVE may give notice of termination of this Services Agreement to you in writing at any time.
8.3 After notice of termination in the manner described in either clause 8.1 or 8.2, you authorize us to complete any transactions in progress in relation to your products, which we will do on the terms of this Services Agreement. Termination of this Services Agreement will take effect once these transactions have been completed.
8.4 Upon termination of this Services Agreement by either party, R3V LIVE will pay you any accrued commissions proceeds from your account.