You may not use the Services unless all of the following apply to you, and you affirm that all of the following apply to you
Any content that you post to the Services must satisfy all of the following criteria, and you affirm that any content posted, submitted, or otherwise provided by you to the Services satisfies these criteria:
You grant to REMNIES a license to any content posted by you to the Services, including a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute your content. You agree that REMNIES or its service providers or partners may display advertising in connection with your content and otherwise monetize your content without compensation to you, unless you are a participant in our Influencer Network and then you will be compensated according to the terms of that program. You warrant that you have all rights necessary to grant these rights to REMNIES and other members of the REMNIES community. You also grant a limited non-exclusive, royalty-free license to any REMNIES community member to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute any content posted by you to the Services solely in connection with that member’s use of the Services. The licenses granted by you hereunder do not include any moral rights or right of attribution.
You understand that at times you may earn buy or purchase virtual tokens for use in the Services (Virtual Items). You agree and acknowledge that you do not in fact own the Virtual Items and the amounts of any Virtual Item do not refer to any credit balance of real currency or its equivalent. Rather, you may purchase or earn a limited right to exchange Virtual Items for a limited license to use certain features of the Services. Any virtual token balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your ability to procure such limited license to use certain features made available via the Services. Notwithstanding the foregoing, from time to time REMNIES may make available a feature where Virtual Items may be redeemed for cash. REMNIES prohibits and does not recognize any purported transfers of Virtual Items effectuated outside of the Services, or the purported sale, gift, or trade in the real world of anything that appears or originates in the Services, unless otherwise expressly authorized by REMNIES in writing. Accordingly, you may not sublicense, trade, sell, or attempt to sell Virtual Items for real money, or exchange Virtual Items for value of any kind outside of the Services, without REMNIES’ written permission. Any such transfer or attempted transfer is prohibited and void and will subject your account to termination. You are responsible for all taxes arising out of your use of the Services, including without limitation any taxes due upon your redemption of the Virtual Items for cash. If you redeem Virtual Items for cash, you may be required to supply a social security number and/or tax identification number prior to the issuance of the cash redemption to you. REMNIES may file an IRS form 1099 or similar form with the Internal Revenue Service or the appropriate tax filing with an entity for the fair market value of any cash redemptions issued to you in exchange for the Virtual items.
You may not interfere with the Services in any way, such as by accessing the Services through automated means in a manner that puts excessive demand on the Services; by hacking the Services; by accessing without authorization areas of the Services that are protected by technical measures designed to prevent unauthorized access; by testing the vulnerability of the Services; by impersonating REMNIES or the Services; by accessing the Services for any purpose that competes with the interests of REMNIES; by spamming REMNIES community members; by failing to respond to operational communications or requests from REMNIES; or through any other type of interference with the Services or REMNIES' relationships with others.
REMNIES may remove any content and terminate your access to the Services at any time and for any reason to the extent REMNIES reasonably believes
Any invitation made by REMNIES to you to use the Services or submit content to the Services, or the fact that REMNIES may receive a benefit from your use of the Services or provision of content to the Services, will not obligate REMNIES to maintain any content or maintain your access to the Services. REMNIES will have no liability to you for removing any content, for terminating your access to the Services, or for modifying or terminating the Services.
You agree to receive communications from REMNIES, including communications sent by phone, email, text message, or other means of communication. If you provided a phone number to REMNIES, you are required to notify REMNIES when you cease to own or control that number to help prevent REMNIES from sending communications to others who may acquire that number.
The Services are provided to you as-is and at your own risk. The Services come with no express or implied warranties, except those that cannot be disclaimed under the law.
REMNIES DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS, SUCH AS MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. REMNIES makes no representation or endorsement about the function of the Services or any content available through the Services. REMNIES has no responsibility or liability to you arising from your use of the Services. REMNIES has no responsibility or liability to you arising from content provided by you or any other person, even if such content is untrue, harmful, damaging, offensive, inappropriate, fraudulent, tortious, unlawful, contrary to social norms, etc. Although REMNIES may make efforts to review or monitor content, you agree that you will not rely on this fact for any purpose. REMNIES has no responsibility or liability to you arising from hacking event, data breach, theft, misuse of information, conspiracy, racket, fraud, act of terrorism, misappropriation of information, technical malfunction, interruption of service, or similar event that may cause you to suffer damage, loss, or injury, including without limitation any damage to or loss of your personal property, data, operations, information, reputation, goodwill, profits, etc. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND REGARDLESS OF THE NATURE OF THE CAUSE OF ACTION, REMNIES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR FOR INTANGIBLE LOSSES, ARISING FROM (a) YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES; (b) FROM THE ACTS OR OMISSIONS OF ANY OTHER PERSON OR THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER PERSONS OR THIRD PARTIES; (c) ANY CONTENT OBTAINED FROM THE SERVICES; OR (d) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR COMMUNICATIONS THROUGH THE SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PARLER ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF TWO HUNDRED U.S. DOLLARS (U.S. $200.00) OR THE AMOUNT YOU PAID REMNIES, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND SHALL FURTHER APPLY WHETHER OR NOT REMNIES HAS BEEN INFORMED OF THE POSSIBLITY OF ANY SUCH DAMAGES AND EVEN IF A REMEDY LAID OUT IN THESE TERMS IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
The laws of the State of California and Minnesota, excluding its choice of law provisions, will govern these Terms and any dispute that arises between you and REMNIES. All disputes related to these Terms or the Services will be brought solely in the state or federal courts located in Los Angeles County, California, or Washington County, Minnesota, United States, and you consent to personal jurisdiction and waive any objection as to inconvenient forum.
You affirm that you are competent to agree to be bound by this Agreement, meaning that you are over the age of 18, an emancipated minor, or have legal parental or guardian consent. Parents of minors should be aware that there are a number of Parental Control products and features available on the market, which can help you tailor your child’s experience on our platform.
REMNIES cannot waive any right to enforce this Agreement, unless it does so expressly in writing. No waiver of any part of this Agreement, will be a further or continuing waiver of that part or any other part, and no failure to enforce any part of this Agreement will be deemed a waiver of any kind.
REMNIES may modify the Terms of this Agreement in any way and at any time without notice to you, and you agree to be responsible for making yourself aware of any modification of the Terms and to be bound by any modification of the Terms when you continue to access or use the Services after any such modification. As a matter of courtesy, REMNIES endeavors to inform its community members of any such changes. These Terms supersede all prior agreements between you and REMNIES pertaining to the Services. Except for the statements in this document and the documents expressly incorporated herein by reference, no statement by REMNIES or anyone associated with REMNIES, whether verbal or written, can modify or supplement the Terms of this Agreement unless the modification or supplement is stated expressly in writing by referring to this Agreement. If any of the Terms in the Agreement are held to be invalid or unenforceable by a court or arbitrator or by operation of law, the remaining Terms will remain in effect.
The following terms apply to your use of the Service and any account that you may open or attempt to open via the Service:
We reserve the right, at any time, to change any fees or charges for using any services provided on the Service (or to begin charging fees for any free service), provided that such changes will not apply to fees or charges paid or free services used prior to the time of the change.
When you sign up for the Site, you agree to the following rules:
When you publish a class on the Site, you agree to the following rules:
When you enroll in a class on the Site, you agree to the following rules:
When a student takes a class on REMNIES, we will share the student’s username and profile with the teacher for the purpose of teaching these students on REMNIES. By enrolling in a class on REMNIES, a student grants to us permission to share that student’s information with the teacher. The teacher is required to respect the privacy of the student. The teacher has a limited license to use this information only for REMNIES-related communications or for REMNIES-facilitated transactions. The teacher may use that personal information for no other purpose, such as sending unsolicited commercial messages or unauthorized transactions. Without express consent from that person, you must not add any REMNIES misuse any student’s personal information. Remember that you need to comply with all relevant legal rules when you use REMNIES. This include applicable data protection and privacy laws which govern the ways in which you can use another REMNIES user’s information.
These Terms of Service and the Governing Documents are in addition to any agreements, releases or other documents (the “Class Agreements”) that a teacher and student may enter into in connection with a class, including any Class Agreements entered into through the Service. Students and teachers are each responsible to the other for complying with the terms of the Class Agreements, but REMNIES has no control over either party’s compliance. Among other things, REMNIES cannot control (a) the provisions of the Class Agreements, (b) the accuracy or legality of the Class Agreements or (c) any party’s performance of its obligations under the Class Agreements. Accordingly, REMNIES shall not be held responsible for any liability arising out of the Class Agreements or any actions that you may take in reliance thereon, and is not a party to any transaction between you and any other user. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE REMNIES AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “REMNIES PARTIES”) FROM ANY CLAIMS OR DAMAGES OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, RELATING TO ANY DISPUTE RELATING TO THE CLASS AGREEMENTS OR ANY TRANSACTION OR ATTEMPTED TRANSACTION WITH ANOTHER USER OF THE SERVICE (WHETHER A STUDENT OR TEACHER). YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS.
Your teaching or participation in a class is at your sole risk. REMNIES does not supervise classes and is not involved in any way with the actions of any individuals (whether students or teachers) at any class. As a result, we have no control over the identity or actions of the individuals who are present at these classes, and we request that our users exercise caution and good judgment when participating in Classes. You acknowledge and agree that by participating in any class (whether as a student or teacher) you may be exposed to a variety of risks and hazards, which may or may not be foreseen, including (without limitation) personal injury, property damage and death. You are solely responsible for all costs and/or risks associated with your participation in any class. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE REMNIES AND EACH OF THE OTHER REMNIES PARTIES FROM ANY CLAIMS OR DAMAGES OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, RELATING TO YOUR PARTICIPATION IN ANY EVENT, WHETHER AS A STUDENT OR TEACHER. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS.
If applicable, you waive California Civil Code Section 1542, which states, in relevant part: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
REMNIES collects all fees and pays out all teachers through third party providers. Each provider is its own company, and REMNIES isn’t responsible for its performance.
Teachers may earn revenue by publishing classes or offering additional services through REMNIES. To qualify for payments each month, Paying Members must have watched a minimum of 15 total minutes across all of your Course classes that month.
REMNIES pays teachers on the 16th of the month. Payouts sent on the 16th of each month are for transactions that have occurred in the previous calendar month.
Monthly payouts begin the month following the month in which a teacher publishes their first Course or Premium Membership class and receives a minimum of 15 total minutes watched by Course or Premium Membership students.
REMNIES distributes at least 30% of its monthly recurring revenue from Course or Premium Membership to REMNIES Teachers on a monthly basis. The algorithm used to determine your monthly share is based primarily on your share of the total number of minutes watched on the platform. The specifics of the distribution calculation are subject to change from time to time.
Teachers have 30 days from the time at which a payment was or should have been made to report any discrepancies. After 30 days, you have waived your right to dispute any payment.
Teachers and students agree that REMNIES sole responsibility is to process payments and pay out teachers in the proportions set forth above. REMNIES is not party to any transaction between any student and/or teacher and cannot be held responsible for any issues arising from any such transaction.
Teachers are responsible for all income, sales, and other taxes associated with the fees they earn. REMNIES teachers will receive the appropriate tax forms, such as a 1099 or 1099k, from either REMNIES or one of its payment partners. REMNIES reserves the right to withhold any payment until it has received all tax identification information it requires to satisfy its obligations.
REMNIES reserves the right to withhold or cancel payments to Teachers if it deems, in its sole judgement and absolute discretion, that the Teacher engaged in behavior that violated any part of this Agreement.
As a teacher on REMNIES, you may participate in our “Premium Referral Program” by referring potential students to the Service. Under the Premium Referral Program, you will receive an award of 10% for each new user that visits REMNIES through your unique referral link and pays for their first month (or year) of Premium Membership or a Course. Award payments are subject to forfeiture or clawback if the student disputes the credit card charge or otherwise violates the payment terms, or if the teacher is found to be in violation of our terms. You will receive this reward within 50 days of the student paying for Premium Membership or Course Fees.
In order to receive a Premium Referral Award, each of the following requirements must be met: (i) you must log in to your REMNIES account on the Service and locate your “Referral Link”; (ii) you must share the Referral Link generated by REMNIES with friends, family, and followers; (iii) a student who clicks your Referral Link must create a REMNIES account and make his first Course Fee or Premium Membership payment.
REMNIES is not responsible or liable for any refunds for Premium Membership, Course Fees, workshops, merchandise, or other purchases on the Service.
You may participate in our “REMNIES Premium Membership” by subscribing to pay monthly or annual membership fees for unlimited access to “Community Upgraded Features” are features described on the pricing list that are offered as part of Course Fees and Premium Membership at REMNIES sole discretion.
The membership fee will be billed on the beginning of the paying portion of your membership and each month or year thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your Premium Membership or became a paying member on March 31st, your next payment date is likely to be April 30th, and your Payment Method would be billed that date.
Payments are nonrefundable and there are no refund or credits for partially used periods. Following any cancellation, however, you will continue to have the benefits of your REMNIES Membership through the end of your current billing period.
You may cancel your REMNIES Premium Membership at any time for any or no reason. To cancel your recurring subscription, please visit your payment settings within your REMNIES account profile located at Purchase Account. If you have canceled your REMNIES Membership, you will lose access to all Premium and Upgraded features and Classes you enrolled into during your REMNIES Membership at the end of your billing period. If you choose to sign back up as a paying member, your billing date will reset to the day you paid.
From time to time, we or others on our behalf may offer trials of paid subscriptions for our REMNIES Premium Membership for a specified period without payment or at a reduced rate (a “Trial”). REMNIES reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and, subject to applicable laws, to withdraw or to modify a Trial at any time without prior notice and with no liability, to the greatest extent permitted under the law.
For some trials, we will require you to provide your payment details to start the Trial. At the end of such trials, we may automatically start to charge you for the applicable paid subscription on the first day following the end of the trial on a recurring monthly or annual basis. When you provide a Payment Method, we will attempt to verify the information you entered by processing an authorization hold. We do not charge you in connection with this authorization hold, but your available balance or credit limit may be reduced. By providing your payment details in conjunction with the trial, you agree to this charge using such payment details. If you do not want this charge, you must cancel the applicable paid subscription through your payment settings within your REMNIES account profile located at Purchase Account.
We reserve the right to adjust pricing for our service, or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms & Conditions, any price changes to your service will take effect following email notice to you.
You may participate in our “Student Referral Program” by referring potential students to the Service. Under the Student Referral Program, you will receive an award (a “Student Referral Award”) of 1 free month of Premium Membership for each Qualified Student Referral (as hereinafter defined) redeemable only when you upgrade your REMNIES account to a Premium Membership.
In order to receive a Student Referral Award, each of the following requirements must be met (any referral for which all such requirements are met hereinafter referred to as a “Qualified Student Referral”): (i) you must log in to your REMNIES account on the Service and select the “Invite Friends” link; (ii) you must share the link provided with friends via Facebook, Twitter or similar services, by copying and pasting the Unique Referral Link generated via the Service, by sending the Unique Referral Link in an email via the Services to your friends, or by using the other tools provided by REMNIES to share the Unique Referral Link with friends; and (iii) a friend who clicks the Unique Referral Link must create a REMNIES account and successfully pay for the first month of Premium Membership that is not refunded.
We reserve the right to suspend your account and remove referrals should we notice any activity we determine as abuse of the referral program.
Satisfaction of a Qualified Referral (as hereinafter defined) and the Referral Award (as hereinafter defined) you receive will be reflected in your REMNIES account in a commercially reasonable amount of time after the Qualified Referral has been completed. The Referral Awards you accrue will be displayed in your REMNIES account referrals page. Referral Awards can be accrued solely by you and you may not earn Referral Awards by permitting another individual to use your REMNIES account. Referral Awards accrued in multiple REMNIES accounts may not be combined into one REMNIES account. You may not earn Referral Awards by creating multiple REMNIES accounts.
For purposes hereof, a “Qualified Referral” means a Qualified Student Referral, and a “Referral Award” means a Student Referral Award.
We reserve the right to suspend your account and remove referrals should we notice any activity we determine as abuse of the referral program.
REMNIES reserves these rights:
REMNIES is not liable for any damages as a result of any of these actions, and it is our policy not to comment on the reasons for any such action.