We wanted to start with a plain-English summary of some important points in our Terms of Service to help as you read through it. This summary is only meant to provide an overview and does not reference all the contractual terms within the full Terms of Service.

The way our main product app functions, certain types of creative works you submit are available for others to use and remix. Therefore, everyone who submits works here gives us a perpetual, worldwide, irrevocable license to make their works available for others to use, with or without giving creator credit. That includes you. So keeping that in mind:

We are trying to be transparent and honest, and we hope you will extend us the same courtesy.

We may make changes to these Terms of Service from time to time as we update our products. It's a good idea to stay aware of those changes and to read, print, and save a copy of these Terms of Service and their accompanying Code of Conduct and Privacy Policy because we won't save a copy for you.

Terms of Service

Last Updated on November 30, 2022

Welcome to the Remarkist platform, which is owned and operated by Remarkist Inc (“Remarkist” “we” or “us”). These terms of service, along with our Code of Conduct and our Privacy Policy, (collectively, “Terms of Service”) are a contract between you and Remarkist. By using the Remarkist mobile application, or any Remarkist-branded website(s), apps, marketplaces, forums, games, networks, or publications (the “Products”), creating a Remarkist account and using the Products to post or share any kind of content, including but not limited to events, stories, collectibles, images, commentary, recorded audio, live audio, status updates, works you create, comments, messages, and additions to your content or the content of others, to access Remarkist content or other user content, to host live audio events within the Products, to utilize Remarkist game features, or to use, collect, redeem, craft, trade, or retain any in-app game items such as in-game currencies or digital collectibles (together with the Products, the “Services” or “Remarkist Services”), you're agreeing to abide by all of the terms and conditions of these Terms of Service. By agreeing to our Terms of Service, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and fully-revocable license to use the Services. If you don't agree to all of the following terms, you can't use the Services and any previous licenses granted to you to use the Services are revoked.

  1. Requirements for Service

    1. You need to be at least 16 years old

    2. Remarkist Services are only for people 16 years old and over. If we learn someone under 16 is using Remarkist Services, we'll terminate their account.

    3. You need an account

    4. You can't use some of the Products, including the Remarkist mobile application, without registering for an account. Registering an account requires choosing a membername and password, and providing a valid email address. If the email address you provide is not valid, we may terminate your account without notice. You're responsible for all the activity on your account, and for keeping any of your passwords and other credentials confidential. If you share your account information with anyone, that other person may be able to take control of the account, and we may not be able to determine who is the proper account holder. We will not have any liability to you (or anyone you share your account information with) as a result of your or their actions under those circumstances. If you find out that someone else has used your account without your permission, you should promptly report it at

  2. Content on the Services

    1. Use of Content

    2. The contents of the Services, including the Products, are intended for your personal, noncommercial use, except where permission is explicitly granted as part of the Services. All materials published or available on the Services, including, but not limited to text, photographs, images, illustrations, designs, audio clips, video clips, audio broadcasts, video broadcasts, “look and feel,” metadata, data, compilations and Submissions (as that term is further defined in this document) (each and collectively, "Content") are protected by copyrights, trademarks, trade secrets, database rights, sui generis rights and other intellectual or proprietary rights therein pursuant to U.S. and international laws. All Content is owned and/or controlled by Remarkist. Remarkist also owns copyright in the selection, coordination, compilation, and enhancement of such Content (“Arrangement”). You agree not to modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display (including framing and inline linking), communicate to the public or in any way exploit, any of the Content (or its Arrangement) or the Services (including Software) in whole or in part without Remarkist's consent. You agree to abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Services.

    3. Submissions cannot infringe

    4. You represent to us that any submissions you make to the Services (i.e., user-generated content including but not limited to: comments, descriptions, forum messages, reviews, text, video, audio, events, audio broadcasts, video broadcasts, hand-drawn or finger-drawn signatures, and photographs, as well as computer code and applications) (each, a "Submission" and collectively, the “Submissions”) belongs to you and you have all the necessary legal rights to upload, transmit, broadcast, or post such content and it will not violate any law or the rights of any person.

    5. License to your works

    6. You grant Remarkist a perpetual, nonexclusive, world-wide, transferrable, royalty-free, sub-licensable license to the Submissions, which includes without limitation the right for Remarkist, or any third party it designates, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, communicate to the public, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed, any Submission uploaded, recorded, streamed, broadcast, transmitted, drawn, dictated, or posted by you on or to the Services. By making a Submission, you are consenting to its display, streaming, or publication on the Products and in the Services and for related online and offline promotional uses.

    7. Where and how Remarkist displays Content

    8. You acknowledge that any Submissions you make may be edited, removed, modified, published, transmitted, and displayed by Remarkist anywhere on the Services, and you waive any rights you have to determine whether or how your Submission may be altered, removed, or displayed, even if our changes or methods of display are in a manner not agreeable to you.

    9. Content in violation

    10. You are solely responsible for the content of your Submissions. However, while Remarkist does not and cannot review every Submission and is not responsible for the content of these Submissions, Remarkist reserves the right to delete, move, or edit Submissions that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright, trademark, or other laws, in violation of these Terms of Service, or otherwise unacceptable.

    11. No exploiting remixed Submissions

    12. If your Submission includes any Content or Arrangement owned or controlled by Remarkist including any part of a Submission made by another member, you waive all rights to monetize your Submission without Remarkist's prior written consent.

    13. License survives termination

    14. If you delete your account or it is terminated for any reason, the license you grant us to use, display, and distribute every Submission you have made survives, and any past Submission may remain accessible and usable indefinitely as part of the Services.

    15. Attribution after termination

    16. If you delete your account or it is terminated for any reason, we will delete certain personal information of yours, in accordance with our Privacy Policy, which may affect how you are credited for any of your Submissions made while using the Services.

  3. Our Collectibles Game

    1. In-game items

    2. Our Products include game features made up of in-game items which you may play with, collect, redeem, craft, trade, and retain while using the Services (“In-Game Items”). Our in-game items include, but are not limited to, digital badges, mementos, characters, avatars, artworks, boosts, streaks, game-currencies, and digital tokens. 

    3. Remarkist owns all in-game features and assets

    4. All features of our games, including all In-Game Items, are part of our Services and the property of Remarkist. While you may own and/or control the copyright to those of your Submissions displayed in our In-Game Items, Remarkist owns and controls all property rights to the underlying In-Game Items themselves and their integration with all other game features. We reserve the right to change, terminate, remove or restrict access to any In-Game Items you may have acquired within our Services, at any time, without notice. 

    5. Return of in-game items on termination

    6. If you delete your account or your account is terminated for any reason, you will lose access to the game, and any In-Game Items which you have redeemed, collected, or otherwise acquired while playing the game, including any In-Game Items crafted by you, will return to Remarkist and you will have no claim to them or any value they may possess in relation to the Services.

  4. Audio Rooms and Recorded Content

    1. Audio Submissions

    2. Our Services include the use of audio chat rooms, known as “Audio Dens” to host live audio events. By unmuting your mic in one of our “Audio Dens” or anywhere else in our Products, you acknowledge that Remarkist may record your voice and any audio content audible through your microphone. You also acknowledge that any audible contribution you make using our Services belongs to you and is a form of content Submission that does not infringe the property rights of any person or organization. 

    3. Using your recorded audio

    4. You give Remarkist the right to use any recording containing your audible contributions in any manner consistent with our Privacy Policy, including the right to let others post those recordings as part of our Services.

  5. Our Rights in the Services

    1. Our rights to protect our Intellectual Property

    2. We reserve all rights in the Products' and the Services' look and feel, and in the Content. You may not copy or adapt any portion of our code or visual design elements (including logos) without express written permission from Remarkist or as set out in this clause. Do not use our logo or trademarks in any way that might suggest Remarkist endorses a particular product or service or that you have a business relationship with Remarkist.

    3. Our rights to govern and access the Services

    4. Remarkist may change, terminate, or restrict access to any aspect of the Services, at any time, without notice. We can remove any content you post or submit for any reason. Remarkist may access, read, preserve, and disclose any information as we reasonably believe is necessary to 

      1. satisfy any applicable law, regulation, legal process or governmental request, 
      2. enforce the Terms of Service, including investigation of potential violations, 
      3. detect, prevent, or otherwise address fraud, security or technical issues, 
      4. respond to user support requests, or 
      5. protect the rights, property or safety of the Services, its users and the public.
  6. How We Deal with Copyright Issues

  7. Remarkist reserves the right to remove content alleged to be infringing without prior notice, at our sole discretion, and without liability to you or anyone else. In appropriate circumstances, we will also terminate a member's account if the member is determined to be a repeat infringer. If you'd like to submit a claim of copyright infringement, please contact Remarkist at

  8. Disclaimers, Limitations of Liability and Indemnification

  9. Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

    1. No warranty 

    2. Your use of our Services and any Content is solely at your own risk and discretion. They are provided to you “as is” and “as available”. That means they don't come with any warranty of any kind, express or implied. Remarkist specifically disclaims any implied warranty of merchantability, merchantable quality, fitness for a particular purpose, availability, security, title or non-infringement, and any warranties implied by any course of dealing or performance.

    3. Responsibility for Content

    4. All content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such content. We may not monitor or control the content posted via the Services and we cannot take responsibility for such content. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive.

    5. Release

    6. When you use the Services, you release Remarkist from claims, damages, and demands of every kind — known or unknown, suspected or unsuspected, disclosed or undisclosed — arising out of or in any way related to (a) disputes between users, or between users and any third party relating to the use of the Services and (b) the Services.

    7. Remarkist's liability to you

    8. Remarkist won't be liable to you for any damages that arise from your use of, or in connection with, the Services and any Content. This exclusion includes: (a) where the Services are hacked or unavailable, (b) all types of damages (direct, indirect, punitive, incidental, consequential, special or exemplary), whatever the type of claim or loss (breach of contract, tort (including negligence), breach of warranty, or any other claim or loss), (c) any lost profits, data or revenues, or (d) any conduct or content of other users or third parties on the Products or the Services. In no event shall Remarkist's liability for damages be in excess of (in the aggregate) one hundred US dollars ($100.00).

    9. Your liability to Remarkist

    10. If you do something that gets us sued, or break any of the promises you make in these Terms of Service, you shall compensate us for any liabilities, losses, claims, and expenses (including reasonable legal fees and costs) that arise from or relate to your use or misuse of the Services. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to this clause, in which case you agree that you'll cooperate and help us in asserting any defenses.

    11. Third party websites

    12. The Products and Services may contain links to external websites; for instance, events, collectibles, text chats, user profiles, and other posts may link to other sites. When you access third-party websites, you do so at your own risk. We don't control or endorse those sites.

  10. General Terms

    1. Changes

    2. Our Terms of Service may change from time to time. If they do, we'll let you know about any material changes, either by notifying you through the Products or by sending you an email. Please note that your continued use of the Services after any change means that you agree with, and consent to be bound by, the new Terms of Service. If you disagree with any changes in the Terms of Service and do not wish to be subject to the revised terms, you will need to close your account and/or stop using the Services.

    3. Entire agreement

    4. These Terms of Service (including any document incorporated by reference into them) are the whole agreement between Remarkist and you concerning the Services, and these Terms of Service supersede and replace any prior agreements between Remarkist and you regarding the Services.

    5. No waiver and severability

    6. If Remarkist doesn't exercise or enforce a particular right or provision under these Terms of Service, that doesn't mean we've waived that right or provision. If any provision of these Terms of Service is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms of Service will remain in full force and effect.

    7. Choice of law and jurisdiction

    8. We at Remarkist encourage you to contact us if you're having an issue, before resorting to the courts. In the unfortunate situation where legal action does arise, these Terms of Service shall be governed by and interpreted in accordance with the laws of the United States of America and the State of Nevada, without regard to principles of conflicts of laws. You agree that any claim or cause of action arising out of or related to use of the Services or these Terms of Services 

      1. will take place in the courts of the State of Nevada, and 
      2. must be filed within one year after such claim or cause of action arose or be forever barred. 

      Any claim by you that may arise in connection with these Terms of Service will only be compensable by monetary damages and you will in no event be entitled to injunctive or other equitable relief. You also hereby expressly waive any right to resort to any form of class action.

    9. Assignment

These Terms of Service are personal to you. You can't assign them, transfer them, or sublicense them unless you get Remarkist's prior written consent. Remarkist has the right to assign, transfer, or delegate any of its rights and obligations under these Terms of Service without notice and without your consent.