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Privacy Policy
Effective Date: January 30, 2021

Calaxy, Inc.(“Calaxy” or “we”, “us” or “our”) is committed to privacy and will only use your Personal Information in accordance with the terms of this Privacy Policy(“Policy”). This Policy describes how we collect, use, protect and disclosePersonal Information received from your use our websites and the features, functionalities, applications, browser extensions and other services available through our websites (collectively, the “Sites”).You can access the Sites in many ways, including from a computer or mobile device, and thisPolicy will apply regardless of how you access the Sites. To the extent we provide you notice through the Sites of different or additional privacy policies or practices (e.g., at the point of collection), those additional terms will apply in addition to this Policy unless we tell you otherwise.

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 
COLLECT

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. Your name;
  2. E-mail address;
  3. Mailing address;
  4. Telephone number;
  5. IP address;
  6. Home address;
  7. Work address;
  8. Online identifiers you use, such as your username, social media handles and other similar types of identifiers; and
  9. Other information you or third parties provide us.

1.2 How We Collect Personal Information

  1. Personal Information We Collect from You. In order to use some of thefeatures on our Sites, such as signing up for the waiting list, or interactingwith us, such as requesting more information about Calaxy, you may be requiredto provide certain Personal Information directly to us. The PersonalInformation we may collect includes your first and last name, email address,phone number, and geographic location.
  2. Personal Information WeCollect from Third Parties. We may obtain PersonalInformation about you from third parties through or in connection with your use of our Sites. These third parties may include our business partners, influencers, social media sites, ad networks, analytics providers and other third parties that you authorize to share your Personal Information with us or otherwise in form you that they will share your Personal Information with third parties, which may include us. We may also collect Personal Information about you from others that refer you to us.
  3. Personal Information We May Automatically Collect.
    ·        When you use portions of ourSites some information is automatically collected. For example, when you visit our sites, your computer’s operating system, Internet Protocol (IP) address, access times, browser type and language and the websites you visited before visiting our Sites are logged automatically (“Usage Information”). We also collect information about your usage and activity on our Sites.

    ·        Our Sites automatically collect information through “cookies”. Cookies are small data files stored on your hard drive by a website or mobile application that can help us, among other things, improve our Sites and your experience. Further information about cookies, including how to see what cookies have been set on your computer or mobile device and how to manage and delete them, visit https://www.allaboutcookies.org/.

    ·        We collect information using web beacons, clear gifs, pixel tags or other similar technologies. These technologies are electronic images that may be used on our Sites or in emails we send to help us deliver cookies, count visits, understand usage and observe data on email delivery, open rates, click rates, bounces, unsubscribes and other information.

    ·        Please note that we have not yet developed a response to browser “Do Not Track” signals, and do not change any of our data collection practices when we receive such signals. We will continue to evaluate potential responses to “Do Not Track” signals in light of industry developments or legal changes.
  4. Personal InformationCollected by Third Parties.
    ·        If we provide links to other websites on our Sites, those links are not an endorsement, authorization or representation of our affiliation with that third party and we are not responsible for the content, privacy and security policies and practice for any websites other than our own Sites. We encourage you to read the privacy policies or statements of the other websites you visit.

    ·        We also use third party tracking solutions on our Sites such as those outlined below:

    ¨Google Analytics, a web analytics service provided by Google, Inc. (“Google”), which provides insights into how websites are used. Google Analytics places cookies on your computer or mobile device that generate information we select about your use of the Sites, including your computer’s or mobile device’s IP address. That information will be transmitted to and stored by Google. The information is used to evaluate use of the Sites, compiling reports on activity on our Sites for our use, and providing other services relating to activity on, and usage of, our Sites.Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. If we use Google Analytics on our Sites, you can refuse to send information through Google Analytics by selecting the appropriate settings on your browser. You also have the option to opt-out of Google Analytics directly with Google by using the tools available at https://tools.google.com/dlpage/gaoptout?hl+en=GB. Please note that if you refuse to send information through Google Analytics or opt out of Google Analytics, you may not be able to use the full functionality of our Sites. Google’s operation of Google Analytics is covered by Google’s Privacy Policy, available at: https://policies.google.com/privacy.¨      

    Google Tag Manager (“GTM”) is a tag management system that allows JavaScript and HTML tags to be quickly deployed and updated on portions of websites for tracking and analytics. We may use GTM on our Sites to include Google Analytics. If you have opted out ofGoogle Analytics, GTM takes this opt-out into account. For more information about GTM’s privacy practices, please refer to https://policies.google.com/privacy/and the terms of use at https://www.google.com/analytics/tag-manager/use-policy.

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.

  1. Third Party ServiceProviders. Your Personal Information may be shared with or collected by third party service providers who provide us with services, including, but not limited to, marketing, data hosting or processing.We require these third party service providers to exercise reasonable care to protect your Personal Information and restrict their use of your Personal Information to the purposes for which it was provided to them.
  2. Sale of our Business; Bankruptcy. In the event of a merger, acquisition, bankruptcy or other sale of all or a portion of our assets, we may transfer or allow third parties to use information owned or controlled by us. We reserve the right, in connection with these types of transactions, to transfer or assign your Personal Information and other information we have collected from our customers to third parties or to authorize such third parties to use any such information retained by us. Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred Personal Information will be subject to this Policy. However, any Personal Information you submit or that is collected after this type of transfer may be subject to a new privacy policy adopted by the successor entity.
  3. Compliance with Laws andLaw Enforcement. We cooperate with government and law enforcement officials or private parties to enforce and comply with the law. To the extent permitted under applicable law, we may disclose any information about you to government or law enforcement officials or private parties as we believe is necessary or appropriate to investigate, respond to, and defend against legal claims, for legal process (including subpoenas), to protect the our property and rights or those of a third party, to protect us against liability, for the safety of the public or any person, to prevent or stop any illegal, unethical, fraudulent, abusive, or legally actionable activity, to protect the security or integrity of our Operations and any equipment used to make the Sites available, or to comply with applicable law.·       
  4. As Directed by You. Upon your consent and/or pursuant to your instructions, we will share your Personal Information with others.
  5. Anonymous Information. We may provide anonymized information to third parties. Any anonymized information we provide to third parties is not considered PersonalInformation and is not subject to the terms of this Policy.

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 support@calaxy.com.

4.2 Communications Opt-Out.

  1. From time to time (and with your consent when required), you may receive periodic mailings or emails from us with news or other information about our Sites and other efforts. If at anytime you wish to stop receiving mailings or emails from us, please send us an email to support@calaxy.com with the phrase “Privacy Opt Out: Calaxy Mailings”in the subject line, or write to us at the address provided below, and we will remove you from our mailing list.
  2. Alternatively, for email communications, you may opt-out of receiving such communications by following the unsubscribe instructions set forth in most email messages from us. Your unsubscribe request or email preference changes will be processed promptly, though this process may take several days. During that processing period, you may receive additional emails from us. Please note, opting out of email communications will only apply to marketing and other promotional emails and will not apply to any email or other communication sent for non-marketing purposes, including, but not limited to, emails and other communications about your use of the Sites.

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 support@calaxy.com 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 support@calaxy.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 support@calaxy.com.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:

  1. the categories of Personal Information we disclosed to third parties for their direct marketing purposes during the preceding calendar year;
  2. the names and addresses of the third parties that received the information; and
  3. if the nature of the third party’s business cannot be determined from their name, examples of the products or services they market.

This information may be provided in a standardized form that is not specific to you. The designated email address for these requests is support@calaxy.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 support@calaxy.com with your feedback pertaining to privacy. You may also write to us at:

Calaxy, Inc.
1846 Snake River Road
Suite B
Katy, TX
77449

Terms Of Use
Effective Date: January 30, 2021

Welcome to Calaxy! This website is operated by Calaxy, Inc. (“Calaxy” or “we”, “us” or “our”). By visiting our website and/or submitting anything to us through our website or other platforms operated by us or on our behalf (collectively, our “Platform”) you agree to read, comply with and be legally bound by: (1) these Terms of Use (“Terms”); (2) our Privacy Policy; and (3) any additional terms and conditions for using all or a portion of our Platform made available to you or published by us from time-to-time (the “Rules”). These Terms, our Privacy Policy and the Rules are collectively referred to in these Terms as the “Agreements”. If you do not read and agree to the Agreements that are applicable to you and your use of the Platform, you may not use the Platform.

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:

  1. change or terminate all or any part of the Platform;
  2. restrict or terminate your access to all or any part of the Platform;
  3. refuse, move or remove any content that is available on the Platform; or
  4. deny access to the Platform to anyone at any time in our sole and absolute discretion.

1.4 Conflicts.

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):

  1. You are only allowed to use the Platform for its intended purposes, as determined by us in our sole discretion.
  2. You are also prohibited from:
    • reformatting or framing any portion of the Platform;
    • using any device, software or procedure that interferes with, or attempts to interfere with, the normal operation of the Platform;
    • taking any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our information technology infrastructure;
    • modifying, adapting, translating or reverse engineering any portion of the Platform;
    • disrupting or otherwise interfering with the Platform or the networks or servers we use;
    • impersonating any person or entity or misrepresenting your connection or affiliate with a person or entity;
    • collecting or storing, or attempting to collect or store, personal information about other uses of the Platform; or
    • engaging in any activity that is illegal under federal, state, local or other laws.

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

3.1 Ownership.

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 using the Platform, you are consenting to the collection, use, disclosure, transfer and sharing of your location, nonpublic personal and non-personal information by Calaxy, including, but not limited to, sharing such information with companies other than Calaxy as described in our Privacy Policy. Our Privacy Policy may be updated from time to time, so please review it regularly. If you do not accept the terms of our Privacy Policy, please discontinue use of the applicable portions of the Platform.

4.1 Feedback.

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. TERMINATION

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.

5.3 Survival.

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. DISCLAIMERS

8.1    Disclaimer of All Warranties.

  1. WE PROVIDE THE PLATFORM ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND RELATING TO THE PLATFORM (INCLUDING, BUT NOT LIMITED TO, ANY SOFTWARE COMPRISING ANY PORTION OF THE PLATFORM), WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, THAT THE PLATFORM WILL BE WITHOUT ERROR OR INVULNERABLE TO VIRUSES, WORMS OR OTHER HARMFUL SOFTWARE OR HARDWARE OR THAT ANY REQUESTS YOU MAKE, INCLUDING, BUT NOT LIMITED TO, REQUESTS FOR EARLY ACCESS, WILL BE HONORED.
  2. YOU HEREBY ACKNOWLEDGE THAT THE PLATFORM MAY NOT BE AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, BUT NOT LIMITED TO, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, UNAUTHORIZED ACCESS, VIRUSES, DENIAL OF SERVICE OR OTHER ATTACKS, TECHNICAL FAILURE OF THE PLATFORM AND/OR TELECOMMUNICATIONS INFRASTRUCTURE OR DISRUPTION, AND THEREFORE WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY REGARDING THE USE AND/OR AVAILABILITY, ACCESSIBILITY, SECURITY OR PERFORMANCE OF THE PLATFORM CAUSED BY SUCH FACTORS.
  3. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS OR OTHER DATA.
  4. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES MAY NOT APPLY TO YOU.

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.

11.2  Severability.

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.

11.3  Waivers.

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.

11.5  Assignment.

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.

11.6  Headings.

The section headings and sub-headings contained in these Terms are for convenience only and have no legal or contractual effect.

11.7  Support.

If you have any questions or concerns about the Platform or these Terms, please email us at support@calaxy.com.

Calaxy is coming.

Request early access to our beta and be among the first to experience a whole new world...

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The Open Social Marketplace For Creators, By Creators.
Request Early Access

Video Calls

Want to virtually meet and hang out with your favorite athletes, actors, musicians, stars & Creators? Now you can with live video calls.

Direct Messaging

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.

Vote on Big Decisions

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.

Drop-In Audio Jams

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.

Join The Club.

COMING SOON

Fan Clubs unlock unlimited access to exclusive perks and content produced by your favorite Creators.

Features*:

  • All-access pass to Creator’s videos & exclusive content
  • Direct Messages & Chat sessions
  • Premium LIVE stream events
  • Vote on Creator decisions
  • More coming soon!

*Each Creator determines what is included in their own Fan Club.

Beta Access

Pssst! Want early access to our beta? Request an invite and we'll keep you posted 😊

Request Beta Key

How It Works:

1

Find Creators you love

2

Buy Creator tokens

3

Unlock access to special perks

Launch Your Token

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.

Setup Your Perks

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.

Monetize Your Community

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.

Say Thanks

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!

COMING SOON

Build Your Tribe.

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.

Features*:

  • All-access pass to Creator’s videos & exclusive content
  • Direct Messages & Chat sessions
  • Premium LIVE stream events
  • Vote on Creator decisions
  • More coming soon!

*Each Creator determines what is included in their own Fan Club.

Put It On My Card.

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.

Apply As A Creator
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.
Meet "Myro" (R2K-26)

Planet Of Origin:
Hat-P-7b

Constellation:
Cygnus

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).

FOUNDER MESSAGE:

Calaxy is the open social marketplace designed & built by Creators for Creators.

On Calaxy, Creators of all types can offer more direct and intimate experiences to their fans through a suite of familiar and new features that everyone will come to know and love. By using cutting-edge blockchain technology, Calaxy's in-app experience will be both secure and seamless, putting the modern fan at the center of all the action.

Our sights are set on a decentralized future where Creators will be able to foster, empower, and incentivize their communities via custom Creator tokens, while simultaneously reaping the benefits of the first fully-integrated Creator Economy.

Spencer Dinwiddie
Calaxy Creator & Pro Basketball Player

News:

Spencer Dinwiddie’s Crypto App for Creators Raises $7.5M

Nasdaq | Jul 1, 2021

NBA’s Spencer Dinwiddie Raises $7.5 Million for Crypto Social Token App

Decrypt | Jul 1, 2021

Spencer Dinwiddie’s Crypto App for Creators Raises $7.5M

Coindesk | Jul 1, 2021

Crypto Tech Can Bring Fans Closer to Athletes, Celebrities: Spencer Dinwiddie

Bloomberg TV | Jun 17, 2021

Why Brooklyn Nets Star Spencer Dinwiddie Co-Founded a Crypto Startup

Bloomberg | Odd Lots | Jun 10, 2021

Calaxy Creates The Creators’ Galaxy On Blockchain

Forbes | May 27, 2021

Calaxy — Now Hiring Software Engineers 🧑💻

Medium | May 18, 2021

Spencer Dinwiddie’s Blockchain-Based Dream for Fan Engagement

JumpStart Magazine | Mar 26, 2021

Spencer Dinwiddie Discusses Returning To Brooklyn Nets This Season From Torn ACL, Progress On His Calaxy App

Forbes | Mar 13, 2021

NBA’s Spencer Dinwiddie Dishes on His Crypto-based App for Creators

Decrypt | Feb 9, 2021

Hedera Token Service (HTS): Live on mainnet with over 60 initial ecosystem partners

Hedera Hashgraph | Feb 9, 2021

The Cointelegraph Top 100: Spencer Dinwiddie

Coin Telegraph | Feb 8, 2021

Hedera21 Hackathon: Call for Developers to Build the Future of Asset Tokenization

Hedera Hashgraph | Jan 14, 2021

How Bitcoin Is Likely To Be Used Within The Sports Ecosystem

Sportico | Jan 13, 2021

The Inside Story Of NBA Star Spencer Dinwiddie's Crypto Journey

The Block Podcast | Dec 28, 2020

Who Did The Most For Real- World Crypto & Blockchain Adoption In 2020?

Coin Telegraph | Dec 20, 2020

NBA star Spencer Dinwiddie enlists Bison Trails to power his blockchain community nodes

Bison Trails | Dec 17, 2020

Spencer Dinwiddie's Full-Court Crypto Press

BKMag | Dec 17, 2020

Spencer Dinwiddie explains his plan to 'future-proof' his contract

USA Today | Oct 7, 2020

Brooklyn Nets’ Spencer Dinwiddie Is Launching Calaxy, A Blockchain-Based App For Influencers

Forbes | Sept 15, 2020

FAQ's

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.