Join our growing community of Creators from all walks of life in and all forms of creative expression - from music, sports, cooking, activism, video creation, and more. Please note this is an application only and does not guarantee approval.
Please read this policy carefully. If you do not want us to collect, use or disclosure yourPersonal Information in the ways described in this Policy, please do not use the Sites or otherwise provide us with your Personal Information or authorize a third party to make your Personal Information available to us. By using theSites or otherwise providing us with your Personal Information, or other wise making your Personal Information available to us, you consent to the collection and use of your Personal Information as described in this Policy. Please note, as described in this Policy, we may receive your Personal Information from third parties that have not expressly advised you that they will disclose yourPersonal Information to us. If you have any questions about how we collect, use, protect, disclose or otherwise process Personal Information, including whether we have received your Personal Information from a third party, please contact us at the email address or mailing address provided at the end of thisPolicy.
1. PERSONAL INFORMATION WE
Our primary goals in collecting Personal Information through ourSites are to provide and improve our Sites, to communicate with you and to enable visitors to our Sites to enjoy and easily navigate them. This section describes what Personal Information we collect and the different ways we collect it. When we refer to “Personal Information” in this Policy, we mean information that identifies, relates to, describes or is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to a particular individual. Please note, as used in this Policy, “PersonalInformation” does not include publicly available information from government records or information that has been deidentified or aggregated in a way that it cannot be used to identify a specific individual.
1.1 Categories of Personal Information We Collect.
While we are preparing to launch Calaxy, generally our Sites will only collect your email address when you sign up for the waiting list. However, we may also collect other types of Personal Information based on how you interact with us and third parties that provide us with information. This additional information could include:
1.2 How We Collect Personal Information
2. HOW WE USE THE PERSONAL INFORMATION WE COLLECT
We use the Personal Information we collect to maintain our waiting list and other various purposes related to operating and improving our Sites and business operations.This section describes the primary purposes for which we use the PersonalInformation we collect.
2.1 Marketing Purposes
We may, now or in the future, use the Personal Information we collect for our own marketing purposes, including notifying you of special promotions, opportunities, offers and events via push notifications, e-mail and other means, all subject to our compliance with applicable laws. We may also link Personal Information with non-personal information (including information automatically collected as described in thisPolicy) and use such linked information for our own marketing purposes. If you do not want us to use your Personal Information for marketing purposes, you may opt-out in accordance with the “Managing Your Personal Information” section below.
2.2 Non-Marketing Purposes
We may use the Personal Information we collect for non-marketing purposes, including: (1) validating your identity;(2) sending you emails to provide you with alerts and updates about the status of your waitlist request; (3) conducting statistical or demographic analysis;(4) complying with legal and regulatory requirements; (5) customizing your experience with our Sites; (6) protecting and defending Calaxy against legal actions or claims; (7) preventing fraud; (8) satisfying contractual obligations;(9) cooperating with law enforcement or other governmental agencies for purposes of investigations, national security, public safety or matters of public importance when we believe that disclosure of Personal Information is necessary or appropriate to protect the public interest; and (10) for other business purposes permitted under applicable law.
2.3 Other Purposes Purposes
We may also use information in the aggregate to conduct research studies and for other purposes. We will not collect additional categories of Personal Information or use the Personal Information we collect in connection with our Sites for materially different, unrelated or incompatible purposes without providing you notice.
3. WHO WE SHARE PERSONAL INFORMATION WITH
For business purposes, we may share certain Personal Information we collect in connection with our Sites from and about you, and about your relationship with us, with certain third parties. Doing so allows us to operate our Sites and conduct our business operations. This section describes the categories of third parties we may share your Personal Information with and the purposes for that sharing.
3.1 Categories of Third Parties to Whom we Disclose Personal Information.
4. MANAGING YOUR PERSONAL INFORMATION
We offer you several choices with respect to how we use your Personal Information. This section describes the mechanisms available to you to control the PersonalInformation we use about you in connection with our Sites.
4.1 UpdatingYour Personal Information.
If you want to update any Personal Information you have provided us, you can send us a request to update your Personal Information at email@example.com.
4.2 Communications Opt-Out.
5. SECURITY OF YOUR PERSONAL INFORMATION
We are committed to protecting the security of your Personal Information. We maintain commercially reasonable safeguards to maintain the security and privacy ofPersonal Information that we collect and use in connection with our Sites.Nevertheless, when disclosing Personal Information, you should remain mindful that there is an inherent risk in the use of email and the internet. Your information may be intercepted without our knowledge or consent, collected illegally and/or used by third parties that are not affiliated with and/or controlled by us without your consent. We cannot guarantee the security of any information you disclose online, and you do so at your own risk.
6. CHILDREN'S PRIVACY
We do not knowingly collect or allow the collection of Personal Information via the Sites from persons under the age of 13. If we learn that we have collected thePersonal Information of someone under the age of 13, we will take appropriate steps to delete this information. If you are a parent or guardian of someone under the age of 13 and discover that your child has submitted Personal Information to us, you may contact us at firstname.lastname@example.org and ask us to remove your child’s personal information from our systems.
7. INTERNATIONAL TRANSFERS
PersonalInformation collected through or in connection with your use of our Sites maybe stored and processed in any country in which we or our suppliers, service providers or agents maintain facilities. By using the Sites, or other wise engaging with us, you expressly consent to any transfer of Personal Information outside of your country (including to third countries that may not have been assessed as having adequate privacy laws). Nevertheless, we take steps to ensure that our suppliers, service providers and agents comply with our standards of privacy regardless of their location.
8. EU AND SWITZERLAND PRIVACY RIGHTS
If you are located in the EU or Switzerland, you have certain rights with respect to your Personal Information. Following is a summary of those rights and additional information applicable to our collection and use of your PersonalInformation.
8.1 Data Controller
When you provide us with your Personal Information through or in connection with your use of our Sites, we serve as a data controller. When we act as a data controller we determine how your Personal Information will be used, in accordance with this Policy.
8.2 Legal Basis for Processing Personal Information
If you are located in the EU or Switzerland, we rely on several legal bases to process your Personal Information. These legal bases include where:
· The processing is necessary to perform our contractual obligations with you;
· You have given your prior consent, which you may withdraw at any time (such as for marketing purposes or other purposes we obtain your consent for from time to time);
· The processing is necessary to comply with a legal obligation, a court order or to exercise or defend legal claims; and
· The processing is necessary for the purposes of our legitimate interests, such as in improving, personalizing and developing our Sites, marketing new features or products that may be of interest to you and promoting safety and security as described above.
If you have any questions about or would like further information concerning the legal bases on which we collect and use your Personal Information, please contact us by emailing email@example.com.
8.3 Rights Under the EUGeneral Data Protection Regulation (GDPR) and the Swiss Federal Act on DataProtection (FADP)
If you are located in the EU or Switzerland, you have the following rights in respect of your Personal Information that we hold:
· Right of access. The right to obtain access to your Personal Information.
· Right to rectification. The right to obtain rectification of your Personal Information without undue delay where that Personal Information is inaccurate or incomplete.
· Right to erasure. The right to obtain the erasure of your Personal Information without undue delay in certain circumstances, such as where the PersonalInformation is no longer necessary in relation to the purposes for which it was collected or processed.
· Right to restriction. The right to obtain the restriction of the processing undertaken by us on your Personal Information in certain circumstances, such as where the accuracy of the Personal Information is contested by you, for a period enabling us to verify the accuracy of that Personal Information.
· Right to portability. The right to portability allows you to move, copy or transferPersonal Information easily from one organization to another.
· Right to object. You have a right to object to processing based on legitimate interests and direct marketing.
If you wish to exercise one of these rights, please email us at firstname.lastname@example.org.You also have the right to lodge a complaint to your local data protection authority. Further information about how to contact your local data protection authority is available at http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
8.4 Retention of PersonalInformation
We reserve the right to retain any Personal Information collected from individuals located in the EU or Switzerland as long as it is needed to: (1) fulfill the purposes for which we collected the Personal Information; and (2) comply with applicable law.
8.5 Transfers of Personal Information
If you are located in the EU or Switzerland, the Personal Information we collect maybe stored and processed in any country in which we or our affiliates, suppliers, third party electronic payment processors and/or financial institutions or agents maintain facilities, including, but not limited to, theUnited States of America. YOU CONSENT TO ANY AND ALL PERSONAL INFORMATION YOU PROVIDE AND SUBMIT VIA THE SITES BEING SENT TO THE UNITED STATES OF AMERICA. The United States of America has not sought nor received a finding of “adequacy” from the EU or Switzerland. We rely on derogations for specific situations as set forth in the GDPR and FADP to transfer data to the UnitedStates and other countries. YOU ARE ALSO INFORMED THAT THE UNITED STATES OF AMERICA PRESENTLY DOES NOT HAVE AN ADEQUATE LEVEL OF PERSONAL DATA PROTECTION AS DETERMINED BY THE EU AND SWISS AUTHORITIES AND HAS NOT RECEIVED A SIMILAR DESIGNATION OF ADEQUACY BY ANY OTHER FOREIGN DATA PROTECTION AUTHORITY. YOU AGREE TO THE TRANSFER OF YOUR DATA AND PERSONAL INFORMATION TO THE UNITED STATES OF AMERICA AND THE USE OF SUCH DATA AND PERSONAL INFORMATION DESCRIBED IN THIS POLICY.
8.6 Obligations to Data Protection Authorities (DPAs)
We will respond diligently and appropriately to requests from DPAs about this Policy or our compliance with applicable data protection privacy laws and regulations. We will, upon request, provide DPAs with names and contact details of the individuals designated to handle this process. With regard to transfers ofPersonal Information, we will (1) cooperate with inquiries from the DPA responsible for the entity exporting the data and (2) respect its decisions, consistent with applicable law and due process rights. With regard to transfers of data to third parties, we will comply with DPAs’ decisions relating to it and cooperate with all DPAs in accordance with applicable legislation.
9. CALIFORNIA PRIVACY RIGHTS
UnderCalifornia’s Shine the Light Law, you have the right, once per calendar year, to request information from us regarding the manner in which we share certain categories of Personal Information with third parties for their direct marketing purposes, in addition to the other rights described in this Policy.Under California’s Shine the Light Law, you have the right to send us a request at the designated email address provided below to receive the following information:
This information may be provided in a standardized form that is not specific to you. The designated email address for these requests is email@example.com.
10. UPDATES TO THIS POLICY
You agree that your use of the Sites and otherwise providing us with Personal Information in connection with our Sites or otherwise constitutes your agreement with thisPolicy. We reserve the right to change this Policy at any time. If we decide to change this Policy, we will post those changes on this page so that you are always aware of what Personal Information we collect, how we use it and under what circumstances we disclose it. As we may make changes to this Policy from time to time, with or without notifying you, we suggest that you periodically consult this Policy for any changes. Your continued use of the Sites or other engagement with us after the effective date of any modification to this Policy will be deemed to be your agreement to the changed terms.
11. UPDATES TO THIS POLICY
We welcome your questions, comments and concerns about privacy. Please email us at firstname.lastname@example.org with your feedback pertaining to privacy. You may also write to us at:
1846 Snake River Road
REVIEW THESE TERMS CAREFULLY. THESE TERMS ARE A LEGALLY BINDING CONTRACT BETWEEN YOU AND CALAXY.
1. ACCEPTANCE AND APPLICABILITY OF AGREEMENTS
1.1 Acceptance of Agreements.
By using the Platform and/or acknowledging that you have read and agree to any Agreement, you are agreeing to comply with such Agreements. If you fail to comply with any of the applicable Agreements, we may terminate your ability to use the Platform. Without limiting the foregoing, the Platform is intended for people 16 years of age or older. By accessing the Platform, you represent to us that: (1) you are 16 years of age or older; (2) you are legally able to enter into contracts; and (3) you are not a person barred from receiving or using the Platform under federal, state, local or other laws.
1.2 Changes to Terms.
We may update or modify these Terms from time-to-time without providing notice to you by posting a revised version of these Terms on our website. You can review the most current version of these Terms at any time by clicking on the “Terms and Conditions” link on our website. By using the Platform after any modification of these Terms, you agree to be bound by such modification(s).
1.3 Our Rights.
We have the right, but not the obligation, to take any of the following actions in our sole discretion without providing any prior notice to you and without any liability to you or any third party:
In the event of any conflict between these Terms and any other Agreement, these Terms shall control.
2. USE OF THE PLATFORM
2.1 Acceptable Use.
Your use of the Platform must comply with the following (“Acceptable Use Restrictions):
2.2 Access to the Platform.
Access to the Platform requires access to the Internet. You are responsible for providing all equipment necessary to establish a connection to the Internet, access to the Internet and any telephone, wireless or other connection and service fees associated with such access. Using the Platform may allow you to receive Content on your mobile phone or wireless device. The manner in which that Content is delivered to your phone or device may cause you to incur extra data, text messaging or other charges from your wireless carrier, which are your sole responsibility.
2.3 Compliance with Applicable Laws.
You certify that you will comply with all applicable laws (e.g., local, state, federal and other laws) when using the Platform or any Content as permitted by, and in accordance with, the applicable Agreements. Without limiting the foregoing, by using the Platform, you represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties. If you access or use the Platform outside the United States, you are solely responsible for ensuring that your access and use of the Platform in such country, territory or jurisdiction does not violate any applicable laws. We reserve the right, but have no obligation, to, in our sole discretion, monitor where our Platform is accessed from, and the right, but not the obligation, to block or otherwise restrict access to our Platform, in whole or in part, from any geographic location.
2.4 Sign Ups for the Waiting List.
At this time, the Platform provides users with the opportunity to request early access to new features and other updates we are making to the Platform by providing an email address. Requesting early access does not guarantee to we will provide you with early access to any new features or other updates.
3. OWNERSHIP OF THE PLATFORM
All right, title and interest in and to the Platform, including, but not limited to, all of the software and code that comprise and operate the Platform (collectively, the “Software”), and all of the text, photographs, illustrations, images, graphics, audio, video, URLs, advertising copy and other materials provided through the Platform (collectively, the “Content”) are owned by us or third parties who have licensed their content to us. The Platform is protected under trademark, service mark, trade dress, copyright, patent, trade secret and other intellectual property laws. In addition, the entire Content of the Platform is a collective work under U.S. and international copyright laws and treaties, and we own the copyright in the selection, coordination, arrangement and enhancement of the Content of the Platform.
3.2 Limited License.
Subject to your acceptance of, and compliance with, the Agreements, we hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Platform in a manner that is consistent with the Agreements and the Platform’s intended purpose(s). You obtain no rights to the Platform except to use it in accordance with the Agreements. Without limiting the generality of the foregoing, you shall not: (1) use any data mining, robots or other automatic or manual device, software, program, code, algorithm or methodology to access, copy or monitor any portion of the Platform or in any way reproduce or circumvent the navigational structure or presentation of the Platform, or obtain, or attempt to obtain, any materials or information through any means not purposely made available by us through the Platform and we reserve the right to take measures to prevent any such activity; (2) reproduce copy, duplicate, redistribute, publish, reverse engineer, decompile, disassemble, modify, translate or make any attempt to create derivative works of the Platform (in whole or in part); (3) sell, assign, sublicense, transfer, distribute, lease or grant a security interest in the Platform (in whole or in part); (4) make the Platform (in whole or in part) available to any third party through a computer network or otherwise, including, but not limited to, distributing or making use of the Platform (in whole or in part) over a network where it could be used by multiple devices at the same time; (5) export the Platform (in whole or in part) to any country outside the United States (whether by physical or electronic means); (6) use the Platform (in whole or in part) in a manner prohibited by applicable laws, regulations and/or the Agreements; or (7) use the Platform in violation of the Acceptable Use Restrictions (collectively, the “Prohibited Activities”). You will be solely liable for any damages, costs or expenses arising out of or in connection with your commission of any Prohibited Activities. You shall notify us immediately upon becoming aware of the commission by any person of the Prohibited Activities and shall provide us with reasonable assistance with any investigations we may conduct in light of the information provided by you in this respect.
3.3 Our Marks.
The Calaxy names and logos (including, but not limited to, those of its affiliates), all product and service names, all graphics, all button icons and all trademarks, service marks and logos appearing within the Platform, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of Calaxy (collectively, “Our Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress (collectively, “Marks”) mentioned, displayed, cited or otherwise indicated within the Platform are the property of their respective owners. You are not authorized to display or use Our Marks in any manner without our prior written permission. You are not authorized to display or use the Marks of any third party that appear within the Platform without the prior written permission of the applicable third party.
4. PERSONAL INFORMATION AND FEEDBACK
4.1 Personal Information.
By submitting ideas, suggestions, documents, proposals, products and/or technologies (“Ideas” or “Innovations”) to us in any way, You acknowledge and agree that: (1) your Ideas and/or Innovations do not contain confidential or proprietary information; (2) we are not under any obligation of confidentiality, express or implied, with respect to the Ideas and Innovations; (3) we shall be entitled to disclose (or choose not to disclose) such Ideas and Innovations for any purpose and in any way; (4) we may have something similar to the Ideas and Innovations already under consideration or in development; (5) your Ideas and Innovations which are not subject to a patent, automatically become our property without any obligation to you; and (6) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances.
5.1 Right to Terminate.
In addition to, and not in lieu of, any of our other rights set forth in these Terms, we reserve the right, without notice and in our sole discretion, to terminate these Terms, any other applicable Agreement and your ability to access and use the Platform. You agree that we will not be liable to you or any third party for any such termination.
5.2 Fraudulent Activity.
If we suspect that you are engaging in any fraudulent, abusive or illegal activity, we may refer such matter to appropriate law enforcement authorities.
The following Sections of these Terms, along with any other provisions that by the sense and context are intended to survive termination, shall survive the termination of these Terms for any reason: 3, 4, 5.3, 6, 7, 8, 9, 10, 11 and 12.
6. LINKS TO OTHER WEBSITES
Our Platform may include links to other websites (e.g., sponsors’ and/or advertisers’ websites) or services solely as a convenience to you. You acknowledge and agree that we are not responsible for the availability of such external sites or resources and that we do not endorse and are not responsible or liable for any such linked sites or other information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, we make no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Your access to and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at your own risk.
7. YOUR LIABILITY
7.1 Agreement to Indemnify.
YOU AGREE THAT YOU WILL ONLY USE THE PLATFORM IN ACCORDANCE WITH THE APPLICABLE AGREEMENTS. YOU WILL COMPENSATE US IN FULL FOR ANY LOSSES OR COSTS (INCLUDING REASONABLE ATTORNEYS’ FEES) WHICH WE INCUR ARISING FROM ANY BREACH BY YOU OF THE AGREEMENTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US AND OUR DIRECTORS, OFFICER, EMPLOYEES, AGENTS AND OTHER PARTNERS (THE “RELEASED PARTIES”) HARMLESS FROM AND AGAINST ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY’S FEES, MADE BY ANY THIRD PARTY DUE OR ARISING OUT OF YOUR USE OF THE PLATFORM, YOUR CONNECTION TO THE PLATFORM, YOUR VIOLATION OF ANY OF THE AGREEMENTS OR YOUR VIOLATION OF ANY INTELLECTUAL PROPERTY RIGHTS OF ANY OTHER PERSON OR ENTITY.
7.2 Additional Remedies.
The Released Parties reserve the right to seek all remedies available at law and in equity for violations of the applicable Agreements, including the right to block access from a particular Internet address to the Platform or report misuses to law enforcement.
8.1 Disclaimer of All Warranties.
8.2 Use of Platform at Your Sole Risk.
YOUR ACCESS TO THE PLATFORM, DOWNLOAD OF ANY SOFTWARE RELATING TO THE PLATFORM AND USE OF ANY INFORMATION WE MAY PROVIDE IN CONNECTION WITH YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. WE SHALL NOT BE LIABLE FOR ANY MALFUNCTIONS OF THE COMPUTER PROGRAMS RELATING TO THE PLATFORM, BUGS OR VIRUSES RESULTING IN LOST DATA OR ANY OTHER DAMAGE TO YOUR COMPUTER EQUIPMENT, MOBILE PHONE OR MOBILE DEVICE OR SOFTWARE. FURTHERMORE, WE SHALL NOT BE LIABLE FOR ANY ATTEMPTS BY YOU TO USE THE PLATFORM BY METHODS, MEANS OR WAYS NOT INTENDED BY US. WE ARE NOT REQUIRED TO PROVIDE REDUNDANT OR BACKUP NETWORKS AND/OR SYSTEMS.
8.3 No Creation of Warranty.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN OBTAINED BY YOU FROM ANY OF THE RELEASED PARTIES THROUGH OR FROM THE PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
8.4 Third Party Statements.
WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR STATEMENTS, ADVICE AND OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED CALAXY SPOKESPERSONS. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE OR OPINIONS CONTAINED PROVIDED BY ANY THIRD PARTIES, AND SUCH STATEMENTS, ADVICE AND OPINIONS DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE AND OPINIONS OF CALAXY.
9. LIMITATION OF LIABILITY
9.1 Maximum Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND WITHOUT LIMITING ANYTHING ELSE IN THE APPLICABLE AGREEMENTS, OUR ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, WITH RESPECT TO THE USE OF THE PLATFORM SHALL BE THE AMOUNT OF $5 OR THE AMOUNT YOU HAVE PAID US IN THE PAST 12 MONTHS, WHICHEVER IS GREATER.
9.2 No Liability for Incidental Damages.
IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE PLATFORM OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE PLATFORM.
9.3 Applicability of Limitations.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES OR JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
9.4 Notice to California Residents.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
10. DISPUTE RESOLUTION
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS
10.1 Waiver of Rights.
YOU AGREE THAT BY USING THE PLATFORM YOU ARE WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST THE RELEASED PARTIES ONLY IN YOUR INDIVIDUAL CAPACITY AS NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE OR COLLECTIVE PROCEEDING.
10.2 Venue for Litigation.
ANY LITIGATION ARISING OUT OF THE AGREEMENTS MUST BE BROUGHT EXCLUSIVELY IN THE STATE AND FEDERAL COURTS LOCATED WITHIN NEW YORK CITY, NEW YORK, AS APPROPRIATE, AND YOU AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF EACH OF THESE COURTS FOR THE PURPOSE OF LITIGATING SUCH CLAIMS OR DISPUTES, AND YOU STILL WAIVE YOUR RIGHT TO A JURY TRIAL, WAIVE YOUR RIGHT TO INITIATE OR PROCEED IN A CLASS OR COLLECTIVE ACTION AND REMAIN BOUND BY ANY AND ALL LIMITATIONS OF LIABILITY AND DAMAGES INCLUDED IN THE APPLICABLE AGREEMENTS.
10.3 Time to Bring Claim.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING IN ANY WAY TO THE AGREEMENTS, YOUR USE OF THE PLATFORM OR YOUR DEALINGS WITH THE RELEASED PARTIES MUST BE COMMENCED WITHIN TWO (2) YEARS AFTER THE CAUSE OF ACTION ACCRUES. AFTER THAT TWO (2) YEAR PERIOD, SUCH CAUSE OF ACTION OR CLAIMS IS PERMANENTLY BARRED. SOME JURISDICTIONS DO NOT ALLOW TIME LIMITATIONS OTHER THAN THOSE SET FORTH IN SUCH STATE’S STATUTE OF LIMITATIONS LAWS. IN SUCH CASES, THE APPLICABLE STATUTE OF LIMITATIONS PROVIDED FOR UNDER THE LAWS OF SUCH STATE SHALL APPLY.
10.4 Prevailing Party.
IN ANY LITIGATION BETWEEN YOU AND THE RELEASED PARTIES IN CONNECTION WITH ANY OF THE AGREEMENTS, YOUR USE OF THE PLATFORM, OR YOUR DEALINGS WITH THE RELEASED PARTIES, THE PREVAILING PARTY WILL BE ENTITLED TO RECOVER ITS REASONABLE ATTORNEY’S FEES AND COSTS IN SUCH LITIGATION FROM THE OTHER PARTY.
11. ADDITIONAL TERMS
11.1 Governing Law.
These Terms will be governed by the laws of the State of New York, without giving effect to any principles of conflicts of laws.
If any part of the Agreements are determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the applicable Agreements shall continue in effect.
Our failure to enforce any provision of the Agreements shall not be deemed a waiver of such provision nor of the right to enforce such provisions.
11.4 Admissibility of Terms.
A printed version of the Agreements and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Agreements to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
We reserve the right to transfer, assign, sublicense or pledge any or all of the Agreements, in whole or in part, to any person without notice, provided that any such assignment will be on the same terms or terms that are no less advantageous to you. You may not assign, sublicense or otherwise transfer in any manner whatsoever any of your rights or obligations under the Agreement.
The section headings and sub-headings contained in these Terms are for convenience only and have no legal or contractual effect.
If you have any questions or concerns about the Platform or these Terms, please email us at email@example.com.
Request early access to our beta and be among the first to experience a whole new world...
Want to virtually meet and hang out with your favorite athletes, actors, musicians, stars & Creators? Now you can with live video calls.
Ever wanted to say congrats to Ezekiel Elliott on a win, or get special workout advice from your favorite trainer? Now you can with Direct Messages & Chats.
From what shoes to wear on the court in tonight’s big game to what song they write next. Have your say by voting on decisions posted by Creators.
Tune into exclusive live audio with drop-in sessions put on by your favorite Creators, podcast hosts, musicians, artists, comedians for anyone to join, listen and learn.
Fan Clubs unlock unlimited access to exclusive perks and content produced by your favorite Creators.
*Each Creator determines what is included in their own Fan Club.
Pssst! Want early access to our beta? Request an invite and we'll keep you posted 😊Request Beta Key
It all starts with your Creator token. Once you launch your Creator token, Fans can buy your tokens to unlock access to your content and experiences.
Perks are all the ways fans can access you. Using your tokens, fans will buy your perks which could be stuff like a 5 minute live video call, or subscribing to your Fan Club. This is how you make money.
Calaxy is all about providing you with the tools to build your economy and monetize your community. Track your progress through a range of in-app community & token analytics.
Go ahead, make their day. Gift tokens to your VIP fans to thank them for their loyalty. Gifting is a huge part of building a strong community. We've got you covered!
Fan Club is the most powerful way to build your tribe and monetize your community. FanClub is all the ways you can get paid with your content.
*Each Creator determines what is included in their own Fan Club.
Each Fan that purchases your tokens will get a token card exclusive to you. This card holds purchased tokens and acts as the virtual key card to your content and experiences.
Planet Of Origin:
Distance From Earth:
1000 light years
Myro is the ultimate fan across the entire Calaxy. He has come from the planet Hat-P-7b, which is located in the Cygnus constellation, about 1000 light years from Earth - a place where it famously “rains rubies and sapphires” (true story).
Why did you choose to build Calaxy on Hedera Hashgraph?
Hedera Hashgraph has a unique solution in the blockchain industry that enables high throughput transactions with near real-time latency, alongside an industry-leading enterprise governance model. Hashgraph's unmatched throughput will allow us to scale to millions of users seamlessly.
Do I need to know anything about cryptocurrency to use Calaxy?
Not really! It should be similar to using other popular social media applications. Just make sure that you hang on to your seed phrases, similar to a password, by having them written down or stored in a secure location - since that is what enables you to access your tokens.
Does Calaxy hold or have access to my tokens?
No, Calaxy is a non-custodial application. Users are responsible for managing their own accounts, and seed phrases.
Can I, as a Creator, continue to use and operate my other platforms such as: Cameo, Patreon, OnlyFans, or any other social media network?
Yes! You as the Creator are able to continue using your other social media accounts and channels. We just think you will find that Calaxy will be able to serve all your social media and engagement needs in one place 😊
Are there any upfront costs to me as a Creator when I join Calaxy?
No! There are virtually no costs to you as a Creator to join Calaxy. We are a platform designed for Creators by Creators and have aligned our success with our Creators. We don’t get paid unless you get paid. Additionally, we charge materially lower fees than other platforms.
What is FanClub?
FanClub is a subscription service that Creators will offer to their fans for ongoing access to exclusive content and perks. Just like all other perks, the Creator will have complete autonomy over what they charge or how many tokens are required to gain access to their FanClub.