CSX Terms and Conditions and User Data License
- Document
- CSX Terms and Conditions and User Data License
- Version
- 2.1
- Effective
- 26 October 2026
- Entity
- Tree of Wally II Corporation (d/b/a Creator Stock X or CSX)
- Wallys
- ω CSX does not sell Wallys. Wallys are only earned.
What changed in version 2.1
A new Privacy Policy section, P7, describes what the CSX for Chrome browser extension collects and sends, and commits that data collected through the extension is never sold or used for advertising. Nothing else changed.
What changed in version 2.0
Wallys are no longer sold. Every purchase path has been removed from these terms, including the purchase of Wallys, Higher-Tier paid subscriptions, the payment and refund provisions that existed only to support those purchases, and the chargeback policy. The clause that allowed Wallys to be redeemed for real currency has been deleted, and the Prize Program that depended on it has been removed with it. A new clause 2g, "Wallys, Omega and conversion," has been added to describe the status of Wallys and the discretionary conversion of earned Wallys to Omega. Duplicate and skipped clause numbers have been corrected, the Data Terms clauses now carry a "D" prefix so that no two clauses in this document share a number, and typographical and capitalisation inconsistencies have been fixed. No protection that CSX held under version 1 has been narrowed.
Prior versions of these terms are available on request.
Introduction
Welcome to CSX, where a cloak protects your data property rights. Consent is voluntary, without penalty or inducement. Users get 100% CSX credits.
Tree of Wally II Corporation (d/b/a Creator Stock X or CSX) offers the CSX website (www.CreatorStockX.com) to allow Creators ("Creators," "your," or "you") to join a talent discovery marketplace that protects your data property rights.
By accepting these Terms and Conditions, you also agree to be bound by the following:
- The CSX Privacy Policy, which explains information that we collect about you, how we protect that information, and how that information may be used, marketed, packaged, analyzed, and sold.
- The CSX Community Standards, which explains the conduct standards expected from Creators, and outlines behavior prohibited on the Services.
- For U.S. Creators, CSX's Arbitration Agreement, which outlines how disputes between you and CSX will be resolved. Specifically, these CSX Terms contain A BINDING, INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER. THIS MEANS THAT YOU GIVE UP THE RIGHT TO BRING AN ACTION IN COURT, INDIVIDUALLY OR AS PART OF A CLASS ACTION.
PLEASE READ THE CSX TERMS CAREFULLY BEFORE BEGINNING TO USE THE SERVICES, AS THEY SET FORTH A LEGALLY BINDING AGREEMENT BETWEEN YOU AND CSX. BY USING THE SERVICES, YOU AFFIRM THAT YOU HAVE REACHED THE LEGAL AGE OF MAJORITY IN YOUR JURISDICTION AND STATE OF RESIDENCE, AND UNDERSTAND, ACCEPT, AND AGREE TO BE BOUND AND ABIDE BY THE CSX TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE CSX TERMS AND CONDITIONS, YOU MUST NOT USE THE SERVICES.
IF YOU ARE UNDER THE LEGAL AGE OF MAJORITY (A "MINOR") IN YOUR JURISDICTION OR STATE OF RESIDENCE, BEFORE USING THE SERVICES, YOUR PARENT OR LEGAL GUARDIAN MUST READ AND CONSENT TO THE CSX TERMS AND CONDITIONS. BY PERMITTING A MINOR TO USE THE SERVICES, A MINOR'S PARENT OR GUARDIAN BECOMES SUBJECT TO THE CSX TERMS AND CONDITIONS AND AGREES TO BE RESPONSIBLE FOR THE MINOR'S ACTIVITIES ON THE SERVICES.
The CSX Terms and Conditions are subject to change. To the extent required by applicable law, CSX will provide Creator with reasonable advance notice of any material updates or modifications by any reasonable means of notification, provided that non-material changes, feature updates, or modifications made for legal reasons (as determined by CSX) will be deemed to be effective immediately and without notice. Changes shall be in effect as of the effective date listed at the top of this document. Your continued use of the Services after that effective date constitutes your acceptance and agreement to such changes.
The CSX Terms and Conditions consist of the following:
- Terms and Conditions. The Terms and Conditions apply to any person who accesses the Services.
- CSX Data Terms. The Data Terms set forth the rules and guidelines for data on the Services and for the use of data or other CSX IP or content on the Services.
- CSX Community Standards. The CSX Community Standards apply to all Creators and outline the types of behavior that are acceptable and prohibited when using the Services.
- CSX Privacy and Cookie Policy. The CSX Privacy and Cookie Policy outlines information that CSX collects during your use of the Services, how we protect that information, and how that information may be used.
Part One: Terms and Conditions
These Terms and Conditions, along with the additional Terms and Conditions, govern, among other things, what is called Creator Generated Content or "CGC." CGC is content of any kind or nature, whether material, assets, or otherwise, that Creators create, upload, submit, publish, display, generate, transmit, or otherwise make available on the Services. ALL CREATORS ARE SUBJECT NOT ONLY TO THESE TERMS AND CONDITIONS BUT ALSO TO THE ADDITIONAL TERMS AND CONDITIONS, WHICH ARE INCORPORATED HEREIN BY REFERENCE.
1. Creator Accounts; Access to Services
1a. Creating an Account. To access certain elements and functionality of the Services, you will need to create a CSX account ("Account"). To create an Account, you will be asked to provide Creator name, date of birth, and a method of authenticating your Account, which may include a password and, depending on the resources accessed, you may also be asked to provide other information like a verified email address, verified phone number, or a government-issued photo identification. You agree that all information provided to CSX will be true, accurate, and up to date. CSX reserves the right to take steps to ensure that any information you provide to CSX in connection with your Account is accurate.
1b. Securing an Account. You are responsible for maintaining the confidentiality and security of any credentials used to access your Account (for example, a Creator name and password). You must not share or disclose such credentials to others, except for Guardians in the case of a Minor Creator.
1c. Account Responsibilities and Prohibitions. You understand, acknowledge, and agree that you will be responsible for any actions taken in your Account and on the Services using your access credentials, whether or not such actions have been authorized by you. You may only access the Services through your own Account. Selling your Account or your access credentials to another Creator is strictly prohibited. Similarly, purchasing another Creator's Account or access credentials is strictly prohibited. CSX does not permit the sale of Wallys outside the Services.
1d. Compromised Accounts. If you have reason to believe your Account has been compromised, is not secure, or has been subject to unauthorized use, you must notify CSX immediately by contacting us.
1e. Suspension or Termination of an Account. If you violate these Terms and Conditions or any of the CSX Terms, including the CSX Community Standards, CSX reserves the right, in its sole discretion, to terminate or suspend (i) your Account and (ii) your right to use and access the CSX Services, including by suspending or terminating any alternate account or accounts you create or have created. Account suspension or termination may also involve the suspension or termination of access to any content you have acquired on the Services, including without limitation Wallys. CSX may also terminate your Account if CSX determines, in its sole discretion, that you are a repeat infringer, as contemplated by the Digital Millennium Copyright Act ("DMCA").
1f. Notification and Appeal. If, pursuant to a violation of the CSX Terms or in response to law enforcement or another legal request, CSX (i) suspends or terminates your Account or access to the Services or (ii) removes Wallys, CGC, or other content that you have on the Services, CSX may notify you, and may provide you an opportunity to request a review of CSX's decision ("Appeal").
1g. Access to Services. CSX reserves the right, in its sole discretion, to change or suspend the Services, or any portion of them, at any time and for any reason, including to comply with laws, to protect Creators, or to protect CSX's reputation, without notice to you unless required by law and without liability to Creators.
2. Wally Licenses
2a. Wallys. "Wallys" is the official data-credit, that is, the currency, of the CSX Services, and can be used to Follow, acquire Shares (also known as Stock), perform Analytics, Transact Data, and more. Wallys are not a substitute for real currency, do not earn interest, and have no equivalent value in real currency. Wallys cannot be redeemed for any fiat currency, and CSX is not obligated to exchange a Creator's Wallys for anything else of value.
2b. Limited License to Use Wallys. Wallys have no equivalent value in real currency. Except as specifically set forth in these Terms and Conditions, your acquisition of Wallys under the Wally License only entitles you to receive a limited, non-transferable, revocable license to use Wallys (i) in connection with the Services, (ii) for your personal entertainment only, and (iii) in the ways permitted by CSX under the applicable CSX Terms. Your limited license to use Wallys may end if (i) you violate the CSX Terms, (ii) your Account is suspended or terminated, or (iii) these Terms and Conditions or the Services are terminated.
2c. Acquisition and Use of Wallys. Wallys may be acquired on the Services in one of several ways. A Creator may acquire Wallys (i) by receiving Wallys from CSX, for example through a Basic Wally License; (ii) by exchanging services such as access to direct messaging channels or live-stream events with other Creators; (iii) by clearly and explicitly opting in data to a marketplace; or (iv) by other means that CSX may introduce.
You may not use, acquire, or distribute Wallys except through the Services and except as expressly allowed by CSX under these CSX Terms. Any attempt to do so constitutes a violation of the CSX Terms, will render the transaction void, and may result in the immediate suspension or termination of your Account and your license to use Wallys. CSX does not recognize or take responsibility for third-party services that allow Creators to sell, transfer, purchase, or otherwise use Wallys, and any such use by a Creator is a violation of the CSX Terms. The sale of Wallys and Shares (also known as Stock) outside the Services is strictly prohibited.
2d. Wallys Are Not Sold. CSX does not sell Wallys. Wallys are only earned. Only Wallys that CSX classifies as earned are eligible for conversion under the bridge schedule referenced in clause 2g; Wallys received as dividends, boosts, promotions, grants or system credits are not eligible and never become eligible.
2e. Wallys Are Subject to Change. CSX, in its sole discretion, may implement changes to Wallys at any time. This may include limiting the number of Wallys a Creator may acquire.
2f. CSX Rights in Wallys. Except for the limited licenses granted to you under the CSX Terms, CSX has and retains all rights in and to Wallys. This includes the right to modify, revoke, or terminate your license to use Wallys without notice, payment, or liability to you. CSX makes no guarantees or warranties regarding Wallys or their availability or value.
2g. Wallys, Omega and conversion. Wallys are non-transferable game rewards issued at CSX's discretion. They have no monetary value, are not property you can sell, and cannot be redeemed for cash, cash equivalents or any other consideration except as CSX may permit under the bridge schedule. CSX may modify, suspend or discontinue Wallys, the bridge schedule or Omega conversion at any time without liability. You have no vested interest in any Wally balance and no right to any conversion. Omega is not issued by CSX as an investment, is not sold by CSX, and CSX makes no representation about its value.
3. Unauthorized Account Use
3a. Reporting Unauthorized Use. If you believe someone has gained access to or used your Account without permission, you must notify CSX as soon as possible by contacting CSX. CSX reserves the right to suspend any Account subject to unauthorized use or to restrict an Account's ability to engage in Trades.
4. Intellectual Property and CGC
4a. CSX IP. The interfaces, graphics (including without limitation trademarks), design, information, artwork, data, code, products, software, and all other elements of the Services, including the rights therein and any derivatives thereof ("CSX Intellectual Property" or "CSX IP"), are protected by law and the CSX Terms. All CSX IP is the property of CSX and CSX's licensors. CSX IP includes all CGC licensed to CSX by Creators under these Terms and Conditions. Except as allowed in the CSX Terms and any applicable Additional Terms, you may not use any CSX IP contained in the Services unless you obtain separate permission in each instance from the owner. CSX reserves all rights in and to the CSX IP not granted in these CSX Terms or elsewhere in Additional Terms.
5. Online Safety
CSX cares about the safety of its Creators. If you see any content or materials on the Services that appear to recruit, entice, advertise, or solicit any person to perform a sexual, violent, or illegal act, please contact CSX to immediately report the Creator and the situation.
6. License to and Restriction of Services
6a. License to the Services. Subject to your compliance with these Terms and Conditions and any CSX Terms, CSX grants you a non-exclusive, limited, revocable, non-transferable license to use the Services on devices that you own or control for your personal, entertainment use, including and solely in connection with the Services, the right to download and use software that CSX makes available for download as part of the Services, in object code form only.
6b. Restrictions of Use. In addition to any other restrictions set forth in the CSX Terms or any Additional Terms, Creators may not (a) lease, lend, sell, redistribute, or sublicense any part of the Services; (b) copy, modify, distribute, publicly perform or display, reverse engineer, disassemble, or create derivative works of the Services or related or implemented technology; (c) circumvent any technological measure designed to protect the Services or any technology associated with the Services; (d) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any Services' source code, in whole or in part, unless a portion of code contained within the Services is released as open source and the open source license governing such code expressly permits reverse engineering, copying or other modification; (e) use the Services to create malicious or abusive content, as determined by CSX in its sole discretion, or any content that violates these CSX Terms, Additional Terms, guidelines, or policies; or (f) use the Services, or any part of them or any technology contained in them, in any manner that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable laws.
7. Third-Party Services
7a. Third-Party Services. Some parts of the Services may include or make available content, tools, or other materials from third parties, meaning people or companies other than CSX ("Third-Party Services"). Depending on a Creator's age, this could include links to other websites, features that let a Creator link their Creator Accounts to other accounts (like Facebook), or third-party buttons such as "like" or "share." CSX neither controls nor takes responsibility for any Third-Party Services, including without limitation how a third party may collect, use, or store Creator information. You understand that your use of the Services and, by extension, Third-Party Services, may subject you to fees, terms, or policies, such as a privacy policy, that are not controlled by CSX. By your use of the Services and integrated Third-Party Services, you agree to pay any fees and to follow any terms, conditions, and policies presented by those Third-Party Services.
7b. Disclaimer. You understand that by using the Services, you may come across Third-Party Services that (i) may be considered offensive or objectionable; (ii) may or may not be identified as having explicit language; (iii) may contain links or references to objectionable material; (iv) may contain infringing content; (v) may not function properly or as intended, and may contain viruses, malware, or other harmful code; or (vi) may not be available in all countries or languages. You agree to use the Services at your own risk. Creator acknowledges and agrees that CSX is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright, compliance, legality, decency, quality or any other aspect of such Third-Party Services. CSX does not warrant or endorse any Third-Party Services. You further agree that CSX will not have any responsibility or liability to you in connection with such Third-Party Services, including any losses you may sustain as a result of using such Third-Party Services.
7c. Notices. Creator hereby represents and warrants that (a) Creator is 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 (b) Creator is not listed on any U.S. Government list of prohibited or restricted parties.
8. Dispute Resolution (Between Creator and CSX); Arbitration Agreement; Class Action Waiver
Except as otherwise permitted in the CSX Terms, you agree that any dispute, claim, or controversy you may have with CSX arising under or relating in any way to the CSX Terms or the Services ("Dispute") will be governed and resolved through the Mandatory Informal Dispute Resolution ("MIDR") process, as outlined below.
FOR U.S. RESIDENTS ONLY: If the MIDR process has been completed but the Dispute remains unresolved, you agree that such Dispute will be determined through binding arbitration, as outlined below, and not through litigation. This agreement applies regardless of the legal theories involved in the Dispute and regardless of whether the Dispute is with CSX, its subsidiaries, brands, affiliates or parent company, or any suppliers or service providers involved with the Services, or their officers, directors, employees, agents, or successors. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE GIVING UP THE RIGHT TO FILE A LAWSUIT IN COURT BEFORE A JUDGE OR JURY, INCLUDING IN A CLASS ACTION, FOR ANY DISPUTES SUBJECT TO THE ARBITRATION PROVISION BELOW.
8a. Mandatory Informal Dispute Resolution. We hope there is never a Dispute between us, but if there is, we both recognize and agree that good faith, informal efforts to resolve Disputes often result in prompt, low-cost, and mutually beneficial outcomes. Therefore, we each agree that, before either of us may commence an arbitration or assert any claim in court, except as set forth below, we will engage in the following MIDR process.
8a i. Notice. To initiate the MIDR process, the party with a Dispute must first give written notice to the other party.
- To notify CSX, you must send written notice to CSX by certified U.S. Mail or by Federal Express (or international equivalent), providing: (a) the Creator's full name, CSX Creator name, and any email or mailing address associated with the Creator's CSX Account; (b) the name and contact information of the Creator's counsel, if Creator is represented by counsel; (c) a brief description of the Creator's Dispute and the resolution requested; and (d) the ticket or case number provided by CSX to track previous attempts to resolve the Dispute, if there is one.
- To notify a Creator, CSX will send a written notice to the email address or mailing address that you provided to CSX, or, if none is provided, through the messaging system on the CSX Service; that notice will include (a) the name and contact information of CSX's counsel; and (b) a brief description of CSX's Dispute and the resolution requested.
8a ii. Process. Both parties will then engage in the MIDR process. The MIDR process requires conferring in writing, or, if requested by either party, via teleconference or videoconference, in a good faith effort to informally resolve the Dispute. If either party is represented by counsel, that counsel may participate.
8a iii. Confidentiality. All offers, promises, conduct, and statements made in the course of the MIDR process by any party, its agents, employees, and attorneys are confidential and not admissible for any purpose in any subsequent proceeding, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the MIDR process.
8a iv. Timing. The MIDR process shall occur within sixty (60) days of receipt of the written notice described in subsection 8a i above, unless an extension is mutually agreed upon by the parties. However, if a party is seeking injunctive relief on an emergency basis, for example a preliminary injunction or temporary restraining order, the MIDR process with respect to that relief shall occur within three (3) business days of receipt of the written notice described in subsection 8a i above, unless an extension is mutually agreed upon by the parties. Any statute of limitations will be tolled while the parties engage in the informal dispute resolution process described in this section.
8a v. MIDR Is a Mandatory Prerequisite to Arbitration or Litigation. If, after participating in the MIDR process, we have been unable to resolve the Dispute, either party may commence an arbitration, or litigation if the claim falls within an exception to the Arbitration Agreement as defined below. However, if we have not engaged in the MIDR process as set forth in this section, the Dispute may not be submitted to arbitration, nor may a claim be filed in court, until the MIDR process occurs. Creator and CSX understand and agree that any Dispute that has not first been subject to MIDR:
- Shall not be accepted by the arbitration provider, and shall be deemed frivolous under Federal Rule of Civil Procedure 11(b); further, the arbitrator may allocate any arbitration fees or costs to any party that files a frivolous claim in violation of this Section; and
- Shall be subject to dismissal if asserted in court.
8a vi. Exceptions. If a Dispute involves a claim that asserts infringement of patent, copyright, trademark, or trade secret rights, the Creator and CSX are not required to participate in the MIDR process set forth in this section.
8b. Arbitration Agreement. THE FOLLOWING APPLIES TO U.S. CREATORS ONLY. If there is a Dispute between us, and we are unable to resolve it through the MIDR process described in subsection 8a above, this subsection explains in detail the process for resolving that Dispute. Please read this section carefully; it is important.
8b i. ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. EXCEPT AS OTHERWISE PROVIDED IN THE CSX TERMS, CREATOR AND CSX AGREE THAT ANY DISPUTE THAT CANNOT BE RESOLVED THROUGH MIDR WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AS SET FORTH HEREIN, RATHER THAN IN COURT. CREATOR AND CSX THEREBY AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT CREATOR AND CSX MAY BRING CLAIMS AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR CLASS ARBITRATION.
This arbitration agreement and class action waiver ("Arbitration Agreement") applies to all Creators who are United States residents and, except as provided below, to all Disputes, regardless of (a) the legal theories involved in the Dispute, (b) when the Dispute arose, and (c) whether the Dispute is with CSX, with CSX's subsidiaries, brands, affiliates, or parent company, or with any suppliers or service providers involved with the Services, including any officers, directors, employees, agents, or successors.
8b ii. Federal Arbitration Act; Interpretation; and Enforcement. This Arbitration Agreement is governed by the Federal Arbitration Act (9 U.S.C. section 1 et seq.) ("FAA"), including its procedural provisions, in all respects. This means that the FAA governs, among other things, the interpretation and enforcement of this Arbitration Agreement and all of its provisions, including, without limitation, the class action waiver. State arbitration laws do not govern in any respect. Further, Creator and CSX each agree that the CSX Terms evidence a transaction involving interstate commerce and will be governed by and construed in accordance with federal law to the fullest extent possible.
8b iii. Arbitration Generally; Relief Available. There is no judge or jury in arbitration, and court review of an arbitration award is limited pursuant to the FAA. However, an arbitrator can award, on an individual basis, the same damages and relief as a court, including injunctive and declaratory relief and statutory damages, and must follow the CSX Terms as a court would. For the avoidance of doubt, the arbitrator can award public injunctive relief if authorized by law and warranted by the individual claim or claims.
8b iv. Arbitration Proceedings and Rules. Arbitrations will be administered by FedArb in accordance with FedArb's Expedited Arbitration Rules and, if applicable, the Framework for Mass Arbitration Proceedings ADR-MDL, except as modified by the CSX Terms. In particular, the Framework for Mass Arbitration Proceedings ADR-MDL shall apply if five or more demands for arbitration are filed that share common factual or legal issues, and if counsel for the parties submitting those demands are the same or coordinated. Creators can find more information at www.fedarb.com or by calling 1-650-328-9500.
Unless required by law, or unless the parties mutually agree otherwise in writing, any arbitration hearing, including oral arguments, will be conducted through video conferencing. If the arbitration hearing is conducted in person, it will take place in Nassau County, New York, if that is a convenient location for the Creator, or in the county or parish where the Creator resides.
At the conclusion of the arbitration, the arbitrator will issue a written decision explaining the findings and conclusions upon which the arbitrator's decision is based.
Unless applicable law provides otherwise, the arbitration proceeding and all records pertaining to it, including but not limited to any documents prepared or produced in connection with the arbitration proceeding, as well as the hearing, the decision, and the arbitration award, will be confidential and will not be disclosed to any third party, except as necessary to obtain court confirmation of the arbitration award.
8b v. Commencing an Arbitration. A party who has complied with the MIDR process described above and who wishes to start arbitration must submit a demand for arbitration and a copy of these Terms and Conditions to FedArb and CSX.
8b vi. Fees and Costs. If you commence an arbitration in accordance with the CSX Terms and this Arbitration Agreement, you will be required to pay the first $50 of FedArb's filing fee. Except as otherwise set forth, you will not be responsible for paying any other fees for the arbitration other than the filing fee; all other fees or expenses charged by FedArb will be paid by CSX. Further, if FedArb determines that you are unable to pay any part of the filing fee, CSX will pay that part too.
Creators are otherwise responsible for their own costs and attorneys' fees; CSX will not pay such costs or attorneys' fees unless ordered to do so by the arbitrator.
If the arbitrator finds that either the substance of the claim or the relief sought is frivolous or brought for an improper purpose, the parties agree that the arbitrator may order the losing party to reimburse the prevailing party for all arbitration fees, as well as reasonable attorneys' fees and costs. Further, in cases where a statute authorizes the award of attorneys' fees or costs to the prevailing party, the arbitrator may award attorneys' fees or costs pursuant to that statute.
The parties agree that FedArb has discretion to modify the amount or timing of any fees due under any applicable rules or fee schedules, and further agree not to oppose any modifications to the timing or amount of any fees due, provided that such modifications do not increase the fees to either party.
8b vii. Delegation; Interpretation. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to the extent permitted by law to resolve all Disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of the CSX Terms, including, but not limited to, any claim that all or any part of the CSX Terms is void or voidable. However, in the event of a Dispute about which particular version of the CSX Terms you agreed to, a court will decide that specific question prior to the commencement of the arbitration. This Arbitration Agreement is intended to be broadly interpreted and will survive termination of the CSX Terms.
8b viii. Severability. If any provision of this Arbitration Agreement is found unenforceable, that provision will be severed, and the balance of the Arbitration Agreement will remain in full force and effect. If a court decides that applicable law precludes enforcement of this Arbitration Agreement as to any particular claim, then that claim must be severed from the arbitration, while the remaining claims will still be resolved through binding arbitration.
8b ix. Opting Out. You may opt out of the Arbitration Agreement entirely and litigate any Dispute with us by sending written notice to CSX within 30 days of signing up for the Services for the first time. Thereafter, you may only opt out of material changes to the Arbitration Agreement by sending written notice within 30 days after CSX provides notice of those changes, unless a longer period is required by applicable law. In either case, to opt out, a Creator must send a written notice entitled "Arbitration Opt-Out Notice" to CSX by certified U.S. Mail or by Federal Express (or international equivalent). To be valid, the opt-out notice must be sent to CSX from the Creator who wants to opt out, or that Creator's guardian, and include (a) the Creator's full name, CSX Creator name, and email address, (b) a clear statement that the Creator wants to opt out of the Arbitration Agreement, or wants to opt out of a material change to the Arbitration Agreement, as applicable, and (c) the Creator's signature, or the signature of the Creator's guardian if the Creator is a Minor. If opting out of a material change, the notice must also identify the particular material change to which the Creator wants to opt out. An opt-out notice applies only to the Arbitration Agreement; all other parts of the CSX Terms will still apply to the Creator and CSX. Further, an opt-out notice does not revoke or otherwise affect any previous agreement to the Arbitration Agreement. By opting out of a material change to the Arbitration Agreement, you agree to arbitrate any Dispute in accordance with the language of the last version of the Arbitration Agreement that you accepted.
8b x. Exceptions. The Arbitration Agreement shall be subject to the following exceptions:
- Creators and CSX retain the right to participate in class-wide settlement of claims.
- The Arbitration Agreement does not apply to Creators who are not residents of the United States, or to Creators who properly opt out of the entire Arbitration Agreement within 30 days of signing up for the Services for the first time.
- If a Dispute is within the jurisdiction of small claims court, either the Creator or CSX may, after engaging in the MIDR process, choose to take the Dispute to small claims court in the Creator's county of residence, or in the Superior Court of New York, County of Nassau.
- If a Dispute involves a claim that asserts infringement of patent, copyright, trademark, or trade secret rights, either the Creator or CSX may assert the claim in federal or state court.
8c. Timing for Raising Disputes. CREATOR AND CSX AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES OR IT IS PERMANENTLY BARRED.
9. Governing Law, Jurisdiction, and Venue
9a. Except as otherwise provided herein, the CSX Terms are governed by the laws of the State of New York without regard to conflict of law principles.
9b. Except for small claims court actions, any Dispute that is not subject to the Arbitration Agreement, including if the Arbitration Agreement is for any reason held to be unenforceable, may only be litigated in the federal or state courts of Nassau County, New York, and Creator and CSX consent to jurisdiction in those courts for such purposes, except as otherwise provided by the European Union's General Data Protection Regulation.
10. Disclaimers; No Warranties
10a. CGC Disclaimer. Except as may be required by applicable law, CSX is not liable for, nor is CSX obligated to screen, approve, edit, or control any CGC that Creators or others Publish or otherwise make available on the Services. CSX may, however, at any time, without notice, and without any obligation to Creator, remove, edit, block or suspend the availability of any CGC that CSX thinks violates the CSX Terms or is otherwise objectionable. Creator understands that when using the Services, Creator will see CGC from a variety of sources and understands that CGC could be inaccurate, offensive, or objectionable. Creator agrees to waive, and does waive, any legal or equitable right or remedy that Creator has or may have against CSX regarding CGC. If notified by a Creator or content owner that CGC allegedly violates the CSX Terms, CSX may investigate and decide whether to remove the CGC, which CSX can do at any time and without notice.
10b. As Is. THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CSX AND CSX'S OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AFFILIATES, INVESTORS, BUSINESS PARTNERS, SUBSIDIARIES, BRANDS, AND AGENTS (TOGETHER, THE "AFFILIATED PARTIES") DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE AFFILIATED PARTIES DO NOT WARRANT THAT THE SERVICES OR ANY PART OF THE SERVICES, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY TRANSLATIONS OF CONTENT, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
10c. No Responsibility. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CREATOR FROM CSX OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING ANY OF THE AFFILIATED PARTIES OR CSX THAT IS NOT EXPRESSLY STATED IN THE CSX TERMS. CREATOR ASSUMES ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM CREATOR'S USE OF OR ACCESS TO THE SERVICES, CREATOR'S DEALING WITH ANY OTHER CREATORS ON THE SERVICES, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES. THESE LIMITATIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
11. Limitations of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CSX AND THE AFFILIATED PARTIES BE LIABLE TO CREATOR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS, ARISING OUT OF OR RELATING TO CREATOR'S ACCESS TO OR USE OF, OR CREATOR'S INABILITY TO ACCESS OR USE, THE SERVICES OR ANY MATERIALS OR CONTENT ON THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CSX HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CREATOR AGREES THAT THE AGGREGATE LIABILITY OF CSX AND THE AFFILIATED PARTIES TO CREATOR FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PART OF THE SERVICES OR OTHERWISE UNDER THE CSX TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $1,000 USD, EXCEPT AS OTHERWISE SET FORTH IN THE CREATOR TERMS.
12. Indemnification
You agree that you will be responsible for your use of the Services, and you further agree to defend and indemnify CSX and the Affiliated Parties from and against every claim, liability, damage, loss, and expense, including reasonable attorneys' fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of the Services; (b) your violation of any part of the CSX Terms, any representation, warranty, or agreement referenced in the CSX Terms, or any applicable law or regulation; (c) your actual or alleged violation of any third-party right, including any intellectual property right, publicity or privacy right, property right, or confidentiality obligation; or (d) any Dispute or issue between you and any third party. CSX reserves the right, at CSX's own cost, to take on the exclusive defense and control of any matter subject to indemnification by you, without limiting your indemnification obligations with respect to that matter, and in that case, you agree to cooperate with CSX's defense of that claim.
13. Notice to California Residents
13a. Complaints. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, CA 95834, or by phone at (800) 952-5210, in order to resolve complaints regarding the Services or to get more information regarding your use of the Services.
13b. Minors. If you are a California resident under the age of 18, you may request that CSX remove certain personal content that you have publicly posted to the Services, and CSX will comply with such request to the extent permitted or required by law. Such content may include personal information but does not include (a) anonymized information or (b) CGC that you have uploaded to the Services, as you have received consideration for providing it. To make such a request, please contact CSX. The request must include your Creator name and a specific description of the content that you want removed so that CSX can find it. CSX will not accept requests via postal mail, phone, or fax and may not be able to respond if you provide incomplete information. A request does not guarantee that the information you posted will be completely removed, and there may be circumstances in which the law does not require or allow removal, even if you make such a request.
14. Miscellaneous Terms
14a. General. These Terms and Conditions, together with all CSX Terms, make up the entire agreement between you and CSX regarding the Services and your use of them. You may not assign these CSX Terms or any of your rights hereunder by operation of law or otherwise without CSX's prior written consent. CSX may assign the CSX Terms at any time to anyone without notice or consent. This agreement is binding on and inures to the benefit of CSX's and your respective successors and assigns. If any part of these CSX Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, or, if it cannot legally be given any effect, will be severed from the CSX Terms, and the remaining parts will remain in full force and effect. Nothing in the CSX Terms will be deemed to confer any rights or benefits on a third party.
14b. Termination; Survival. In the event of termination of these Terms and Conditions or any Additional Terms, as applicable, the rights and duties of CSX and Creator to each other will terminate, except that any part of the CSX Terms or Additional Terms which by their nature should survive termination will survive.
14c. Waiver. No waiver of any part of the CSX Terms by either Creator or CSX shall be deemed a continuing or further waiver of any such part or any other part of the CSX Terms, and CSX's or Creator's failure to assert any rights or part of the CSX Terms shall not be deemed or otherwise constitute a waiver of such right or part.
14d. Interpretation. The section headers in these CSX Terms are for convenience and will not impact the interpretation of these CSX Terms. In all cases where CSX is allowed to make a decision under these CSX Terms, that decision is completely up to CSX, in its sole discretion. The CSX Terms are subject to applicable law, meaning that they apply except to the extent otherwise prohibited or required by applicable law. Unless the context dictates otherwise, whenever the word "including," or similar, is found in the CSX Terms, it means "including, without limitation," and whenever the word "or" is found in the CSX Terms, it means "and/or."
14e. Compliance with Laws. When using the Services, you agree to comply with all applicable laws. Creator will not directly or indirectly export, re-export, or transfer the Services to prohibited countries or individuals, or allow either to use the Services. Creator hereby represents and warrants that (i) Creator is 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 (ii) Creator is not listed on any U.S. Government list of prohibited or restricted parties.
14f. Consent to Online Communications. By using the Services, you agree to receive certain electronic communications from CSX as described in the Privacy Policy, which is incorporated by reference into these Terms and Conditions and which, by your use of the Services, you acknowledge that you have read. You further agree that any notices, agreements, disclosures, or other messages that CSX sends to you by electronic means shall satisfy any legal requirements that such communications be in writing. To the extent permitted by applicable law, you agree that any time you electronically transact, agree, or consent via the Services, it is intended to be an electronic signature which binds you as if you had signed on paper.
14g. Investigations; Cooperation with Law Enforcement. CSX reserves the right to investigate and prosecute any suspected or actual violations of these Terms. CSX may disclose any information as necessary or appropriate to satisfy any law, regulation, legal process, or government request.
14h. Prevailing Language. To the extent any of the CSX Terms are made available in multiple languages, in case of any discrepancies or conflicts between the English version of the Terms and any other language version, the English version will govern and prevail.
Part Two: Data Terms
Data is the heart of the CSX community, and we created the following terms ("Data Terms") to set forth the rules and guidelines for data on the Services as well as the use of data or other CSX IP or content on the Services. These Data Terms apply to all Creators of CSX. In addition to these Data Terms, Creators must also abide by the Terms and Conditions in Part One, and any additional terms as may be applicable. Data Terms clauses are numbered with a "D" prefix so that no clause number in this document is used twice.
D1. Definitions
Any capitalized words not defined herein take the meaning given to them in the Terms and Conditions.
D2. Intellectual Property
D2a. CSX Services; Ownership; License.
D2a i. CSX IP. Terms outlining the ownership of CSX IP are set forth in the Terms and Conditions.
D2b. Creator-Generated Content (CGC).
D2b i. Ownership of CGC. Subject to the rights and licenses Creator grants in these Terms and Conditions, and any applicable Additional Terms, as between Creator and CSX, or Creator and other Creators, Creator retains all copyrights that Creator may hold in any CGC, such as Shares (also known as Stock), that Creator has ever created or will create, whether alone or with others, and Publishes or makes available on the Services, excluding any non-CGC CSX IP that may be contained therein.
D2b ii. CSX License to CGC. In consideration for the use of the Services and Creator's potential to earn Wallys, Creator grants CSX a perpetual, worldwide, non-exclusive, royalty-free right and license, with the right to sublicense to any person or entity, including without limitation other Creators, to host, store, transfer, translate, run, localize, publish, publicly display, publicly perform (including by means of digital audio transmissions and on a through-to-the-audience basis), reproduce (including in timed synchronization to visual images), modify, adapt, create derivative works of, enhance, distribute, and use for any business purpose related to the Services (including in connection with operating, providing, publicizing, or improving the Services or CSX, including without limitation in connection with the training of machine learning and related models) any CGC, such as Shares (also known as Stock) or direct messages, in whole or in part, including any incorporated or associated trademarks and underlying source code and scripts, that Creator Publishes or makes available on or through the Services.
Notwithstanding the above, Creator also grants to CSX the exclusive, worldwide, irrevocable, perpetual, fully paid, sublicensable right to apply Creator's CGC on or off the Services; provided, however, that CSX's off-Services right specifically excludes the right to apply (a) shirts, pants, or T-shirts designed by a Creator, excluding any CSX IP that may be contained therein; (b) trademarks owned or controlled by a Creator; or (c) copyrighted material owned or controlled by a Creator that has been published outside of the Services prior to the time that it was Published by Creator on the Services.
Creator also agrees to make its CGC available in any media or channel of distribution now known or hereafter developed in connection with the publicity and marketing of the Services or CSX as permitted herein, even if Creator has exercised a right to be forgotten under the GDPR or an equivalent right under other privacy laws. All the foregoing paragraphs in this section are collectively the "CGC License."
CSX's right to market and advertise the Services or CSX using Creator's CGC ("Ancillary Use") will not include using such CGC in marketing and advertising that is focused solely on promoting Creator's CGC, as reasonably determined by CSX, as part of the Services without Creator's approval, but CSX can generally reference, as determined by CSX in its sole discretion, Creator's CGC with other CGC or material, and without Creator's approval, to promote, market or advertise the Services or CSX. CSX may also use Creator's CGC for non-commercial and educational uses to promote the Services, and CSX will reasonably determine whether a use is non-commercial or educational. Other than the potential to earn Wallys, CSX is not required to give Creator any attribution or compensation for any reason, nor is CSX required to use the license Creator grants in this Section or exploit any of the rights granted herein.
Creator retains the right to delete or update any or all of his or her Data at any time and at Creator's discretion, provided that regardless of any such update or deletion having occurred, and regardless of any termination of these Terms and Conditions or termination or suspension of Creator's Account: (i) Creator Shares (also known as Stock) which are validly obtained by a Creator may continue to be accessed and used by such Creator indefinitely in accordance with and subject to the terms and policies of the Services; and (ii) CSX's right to use any CGC or other content that is already in use by CSX pursuant to a license or otherwise in accordance with these CSX Terms, or already in use by CSX as part of an Ancillary Use, shall continue in perpetuity.
CSX's rights under this CGC License shall expressly survive if Creator's Account is terminated due to Creator's breach or violation of these Terms and Conditions or any of the CSX Terms.
D2b iii. Through-to-the-Audience Rights. The rights Creator grants in these Terms and Conditions are provided on a through-to-the-audience basis, meaning the owners or operators of third-party services will not have separate liability to Creator or anyone else for CGC that Creator has made available on the Services or used on Third-Party Services via CSX's Services.
D2b iv. Authorization to Publish CGC to Services. Creator must not Publish or otherwise make any CGC available on the Services if Creator is not the owner of, or is not fully authorized to grant rights in, all parts of that CGC. Without limiting Creator's obligations under these Terms and Conditions, and all other obligations set forth in the CSX Terms, Creator agrees to pay all amounts owed to any person as a result of Creator Publishing or making CGC available on the Services.
D2b v. Suspension of CGC Availability. CSX may, in its sole discretion, suspend availability of or delete any CGC or other content on the Services at any time and for any period of time, including in perpetuity, without notice, if such CGC or other content violates any laws or intellectual property rights or principles or any guidelines or policies associated with the Services, or if CSX determines in its sole discretion that such CGC does or may cause harm to Creators, the Services, or to CSX's reputation. CSX is and shall be under no obligation of any kind to Creator for suspending any CGC in accordance with this Section.
D2b vi. Limitations on Use of CGC. Notwithstanding Creator's ownership of CGC as set forth above, and without limiting any other limitations set forth herein, Creator shall in no event use Creator's CGC, in any medium or format, including on or off the Services: (a) in a manner that is offensive, defamatory, sexually explicit, or otherwise objectionable, in each case as determined by CSX in its sole discretion; (b) in connection with false, defamatory, libelous or slanderous statements concerning CSX; or (c) in a manner that is intended or reasonably likely to suggest or imply that Creator is affiliated with CSX or that CSX endorses Creator or its use of the applicable CGC.
D2b vii. Infringement and DMCA. CSX respects the intellectual property rights of others, including Creators. Any copyright owner or an agent of a copyright or trademark owner, including other Creators who are owners or agents of a copyright or trademark owner, who believes that any content on the Services, including CGC, infringes upon its copyrights or trademarks may submit a notification to CSX. As referred to throughout the CSX Terms, CSX, in appropriate circumstances, may terminate the Accounts of Creators who CSX determines, in its sole discretion, are repeat infringers as contemplated by the DMCA.
D3. CSX Creator Economics
D3a. Wallys. CSX may remove any Wallys earned through a violation of the CSX Terms or any applicable Additional Terms.
D3a i. Wally License. Wally Licenses provide Wallys to Creators that flow through to follows on the platform. The only way a Creator keeps Data-Income is if he or she does not follow any other Creators.
D3a ii. Earning Wallys. CSX allows Creators to earn Wallys ("Earned Wallys") by accumulating them from Follow-Income (also known as Follow Revenue or Attention Income), Investment-Income (also known as Dividend-Income), Data Transactions, or other methods.
D3a iii. Wally Gains. CSX allows Creators to trade or sell Shares (also known as Stock) of Creators that entitle the Creator in possession to a percentage of future Follow-Income of the NIL Rightsholder.
D3a iv. Transactions Between Creators. When a Creator receives Wallys in connection with the sale of CGC to another Creator through the Services, the transaction is between Creators; CSX only facilitates by providing the Services. If, in connection with a Dispute, CSX returns Wallys to a Creator, CSX reserves the right to deduct or withhold an equivalent amount of Wallys from the other Creator.
D4. Disputes
D4a. Between Creators and CSX. Disputes between Creators and CSX shall be handled according to the Terms and Conditions.
D4b i. Between Creators. If a Creator has a dispute with another Creator, prior to commencing any litigation, Creator must first engage in a mediation with a recognized mediator or mediation service to try to amicably resolve the dispute. Such mediation requirement does not apply to disputes related to intellectual property takedown reports submitted under the Terms and Conditions. CSX reserves the right, in its sole discretion, to resolve any dispute between Creators. Such resolution may result in suspension of a Creator's Account or any other action permitted by law, including but not limited to the recovery of civil or criminal penalties.
D4b ii. Escalation to CSX. Notwithstanding the terms set forth in this Section, Creators can escalate to CSX disputes with other Creators, as further described in the Terms and Conditions. If CSX chooses to act in any dispute between Creators, each Creator agrees that (i) CSX's decision, which may include deducting Wallys from one Creator and crediting Wallys to another, shall be final, and (ii) each will accept the final decision. Creator further agrees to work with CSX in a timely manner to resolve all such issues, and acknowledges that failure to do so shall be a violation of these Terms and Conditions.
D5. Representations and Warranties
Creator is responsible for Creator's CGC, and represents and warrants that: (a) Creator is the creator and owner of, or has the necessary rights and permissions to grant CSX the rights and license in Section D2b ii; (b) Creator's CGC and the use of Creator's CGC as described in these Terms and Conditions does not and will not (i) infringe, violate, or misappropriate any third-party right, (ii) slander, defame, libel, or invade the right of privacy, publicity, or other property rights of any other person, (iii) require CSX to get licenses from, pay compensation to, or provide attribution to any third parties, (iv) result in a breach of contract between Creator and a third party, or (v) cause CSX to violate any law or regulation; and (c) Creator will comply with all applicable laws, rules, and regulations and the CSX Terms, including without limitation these Terms and Conditions, in Creator's use of the Services.
D6. Indemnification
Creator agrees to be responsible for Creator's use of the Services and to defend and indemnify CSX and the Affiliated Parties from and against every claim, liability, damage, loss, and expense, including reasonable attorneys' fees and costs, arising out of or in any way connected with: (a) Creator's access to, use of, or alleged use of the Services; (b) Creator's violation of (i) any part of the CSX Terms, including these Terms and Conditions, (ii) any representation, warranty, or agreement referenced in these Terms and Conditions, or (iii) any applicable law or regulation; (c) Creator's violation of any third-party right, including any intellectual property, publicity, privacy, or property right, or confidentiality obligation; or (d) any Dispute or issue between Creator and any third party. CSX reserves the right, at CSX's own cost, to take on the exclusive defense and control of any matter subject to indemnification by Creator, without limiting Creator's indemnification obligations with respect to that matter, and in that case, Creator agrees to cooperate with CSX's defense of that claim.
D7. Limitation of Liability
IN NO EVENT WILL THE AFFILIATED PARTIES BE LIABLE TO CREATOR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CSX HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
THE AGGREGATE LIABILITY OF THE AFFILIATED PARTIES TO CREATOR FOR ALL CLAIMS, INCLUDING WARRANTY CLAIMS, OR CAUSES OF ACTION IS LIMITED TO (i) THE TOTAL AMOUNT PAID OR PAYABLE BY CSX TO CREATOR UNDER THIS AGREEMENT FOR THE TWELVE-MONTH PERIOD PRECEDING THE TIME WITHIN WHICH CREATOR NOTIFIES CSX OF A CLAIM, OR (ii) TO THE EXTENT THAT CSX HAS NOT PAID CREATOR ANYTHING IN THE TWELVE-MONTH PERIOD PRECEDING THE TIME WITHIN WHICH CREATOR NOTIFIES CSX OF A CLAIM, $1,000 USD.
D8. Privacy
D8a. Your Data. Data that you as a Creator provide to CSX through the Services is subject to the CSX Privacy Policy, incorporated by reference herein.
D8b. Creator Personal Information. If and to the extent a Creator receives any other Creator's personal information ("Creator PII"), Creator will not use Creator PII (i) to provide services to any third party; (ii) to build, help build, track or supplement any segments, profiles, or similar records on any individual Creator, device, or browser across the Services or any third-party websites or platforms; (iii) to associate the behavior of any individual device or browser with any segment, profile, or similar record, or supplement any such record based on data of Creators; (iv) to associate any data of Creators with any other personal information of the Creator; or (v) for any unauthorized purpose in violation of any applicable law, including applicable privacy laws. Additionally, Creator shall be prohibited from selling, disclosing, sharing, renting, leasing, syndicating, modifying, reverse engineering, decompiling, lending, or otherwise altering any Creator PII.
D8c. California Consumer Privacy Act. Creator shall not knowingly sell any "personal information," as that term is defined by the California Consumer Privacy Act of 2018, as amended, belonging to another Creator, and both CSX and Creator have taken and will continue to take all reasonable measures to protect such personal information under their control or in their possession from unauthorized access by third parties.
D9. Miscellaneous
D9a. As Is. The Services are provided "AS IS."
D9b. Survival. Any part of these Terms and Conditions which by their nature should survive termination will survive.
Part Three: Community Standards
CSX's mission is to give rights to our data's property value at the scale of billions of people, in an orderly manner conducive to thriving human conditions. Every day, billions of people around the world have fun with friends as they explore billions of immersive digital experiences. All of these experiences are built by the community, made up of all Creators. We believe in measuring data's impact financially for consumers.
We have created these Community Standards to help ensure that everyone feels safe and welcome in our shared adventure. These Standards apply to all of your actions on CSX, both online and at real-world events hosted by CSX. We ask that you respect our Standards and each other at all times, and understand that violating them may result in enforcement action against your account. For some behavior that violates these Standards, such as behavior that poses a real-world risk to others, we reserve the right to contact or cooperate with the relevant authorities in order to keep everyone safe.
We are always learning, so as our community evolves and our platform grows, these Standards may change too. When they do, we will let you know. If you see something that you think violates the Community Standards, or otherwise makes you feel unsafe, please let us know by reporting it.
We appreciate your cooperation with these Standards and your commitment to keeping CSX safe and civil.
Safety
We want our community to be a place where people can connect with optimism and civility, regardless of their identity or beliefs. To ensure CSX is a place where everyone feels comfortable being themselves, the following is not allowed.
Child Endangerment
CSX has a zero-tolerance policy for endangering minors, including:
- Any predatory behavior, including attempting to befriend a minor in order to manipulate and exploit them, that is, grooming
- Sexualizing minors in any way
- Engaging in sexual conversation with or soliciting sexual material from minors
- Sharing, requesting, or discussing child sexual exploitation material
Terrorism and Violent Extremism
CSX has a zero-tolerance policy for content or behavior that incites, condones, supports, glorifies, or promotes any terrorist or extremist organization or individual, foreign or domestic, and their ideology or actions, including:
- Depictions of or support for terrorist or extremist attacks
- Depictions of or support for the leaders or representatives of terrorist or extremist organizations
- Sharing the slogans, images, flags, manifestos, or icons of terrorist or extremist organizations, either in whole or in readily identifiable part
- References to the ideologies, messages, or strategies of terrorist and extremist organizations
- Expressing support for, condoning, or glorifying terrorist or extremist ideologies or actions
- Recruiting membership for a terrorist or extremist organization, or encouraging others to leave CSX to find such information
- Fundraising for terrorist or extremist organizations, people, or supporting groups
- Expressing support for, condoning, or glorifying mass shootings and other acts of domestic terrorism or violent extremism
Threats, Bullying, and Harassment
Threatening others with real-world or online harm, inciting violence against people or property, bullying, stalking, trolling, harassment, intimidation, extortion, and blackmail are not permitted on CSX. We also do not allow any content that depicts, glorifies, or promotes such behavior, including:
- Threatening physical or sexual assault or violence
- Threatening to harm someone in real life
- Revealing or threatening to reveal others' personal information
- Threatening to take over another's CSX account or to file false abuse reports against another Creator
- Singling out a Creator or group for ridicule or abuse, either publicly or privately
- Sexual harassment
- Impersonating individuals, groups, or entities in ways that may damage their reputation or cause others to harm them, either online or in real life
Suicide, Self Injury, and Harmful Behavior
At CSX, we take our Creators' well-being very seriously. We are here to help provide resources for those struggling with mental health, and we reserve the right to communicate with authorities regarding credible threats of self-harm. We do not allow content or behavior that depicts, glorifies, or encourages suicide, self-injury, or real-world activities that may create an extreme risk of physical harm, including:
- Describing methods for suicide or self-harm
- Content that glorifies, supports, or depicts instances or methods of suicide or self-harm
- Dangerous physical challenges or stunts in the real world
If you or a loved one are having thoughts of suicide or self-harm, there is help available. Reach out to a suicide prevention hotline like the one found here. For additional global resources, here is a good place to start.
Discrimination, Slurs, and Hate Speech
CSX honors and welcomes Creators of all ages, backgrounds, and identities. We do not allow content or behavior that supports, glorifies, or promotes hate groups, their ideologies, or their actions. You also may not discriminate against, mock, or promote hatred against individuals or groups, or encourage others to do so directly or indirectly, on the basis of their:
- Age
- Race, perceived race, or ethnicity
- National origin
- Sexual orientation
- Gender, gender identity, or gender expression
- Religion or religious affiliation or beliefs
- Disability status, including diseases, bodily conditions, disfigurement, mobility issues, and mental impairment
- Physical or mental disability status
- Veteran status
- Caste
- Familial status
Harmful Off-Platform Speech or Behavior
Treat everyone with respect, both on and off of CSX. If credibly reported to us, we may take action against Creators who, among other things:
- Are associated with organized crime, terrorist or extremist organizations, or hate groups
- Harass, bully, discriminate against, or harm others outside of CSX
- Share others' personal information off-platform, including making false reports to authorities
- Have been convicted of certain egregious crimes, engage in certain illegal activities, or encourage others to do so
Civility
Civility is at the core of the CSX community. To promote our civil environment, CSX prohibits certain types of content, including the following.
Real-World Sensitive Events
CSX prohibits content that recreates specific real-world sensitive events; mocks the victims of such events; supports, glorifies, or promotes the perpetrators or outcome of such events; or capitalizes on these events for commercial purposes, including content about:
- Mass acts of violence against people or property
- Specific, real-world, natural disaster events
- Human or civil rights violations
Violent Content and Gore
We do not allow content that contains extreme violence or serious physical or psychological abuse, including:
- Animal abuse and torture
- Realistic or real-world depictions of extreme gore, graphic violence, or death
Romantic and Sexual Content
CSX is a safe space for meeting online talent, but we prohibit content that depicts sexual activity or seeks real-world romantic relationships, including:
- Romantic or flirtatious gestures or communication between Creators in a romantic context
- Pursuing or soliciting romantic relationships online
- Engaging in unwanted flirtatious behavior
- Engaging in sexually explicit conversations or soliciting sexual material
- Content that depicts, strongly suggests, or explicitly describes sexual acts
- Nudity
- Sexually suggestive avatar bodies and clothing items
Illegal and Regulated Goods and Activities
We do not allow Creators to discuss or engage in illegal activities, or to encourage others to do so, on CSX. We also prohibit the discussion, depiction, or promotion of illegal and regulated goods or activities.
If you or someone you know is struggling with substance abuse, help is available. You can start here.
Profanity
To keep CSX safe and civil for everyone, we do not allow swearing in any language, text, images, or uploaded audio, including:
- Using misspellings, special characters, or other methods to evade detection of profanity
- Quoting or using audio containing profane lyrics
Integrity
We want you to trust each other to play fairly and honestly, and to respect one another's creativity and hard work. To encourage this, CSX requires its Creators to follow their local laws, and prohibits or limits the following.
Cheating and Scams
We do not permit Creators to deploy or discuss deceptive schemes or methods of cheating on our platform, including:
- Using exploits to gain an unfair advantage anywhere on the platform
- Sharing exploits with others or encouraging others to cheat
- Selling items with misleading or inaccurate descriptions
- Misrepresenting your real or virtual world identity in an effort to mislead others
- Attempting to access another Creator's account without their authorization
- Posting misleading links for the purpose of gaining unauthorized access to others' accounts or information, either on CSX or elsewhere, that is, phishing
Spam
CSX prohibits disrupting or misleading others on the platform. This includes:
- Deceptive, sensational, or otherwise misleading content or metadata used to inappropriately drive discoverability or engagement
- Repetitive messaging to other Creators or uploads to CSX systems
- Creating experiences solely to direct Creators off CSX
Intellectual Property Violations
We expect you to respect the intellectual property rights of others, and will remove infringing content upon receiving a valid copyright or trademark takedown request from a rights holder. Examples of intellectual property infringement may include:
- Using another artist's media in your profile photo without their permission
- Using a brand's logo or designs for the content you create without their permission
CSX may proactively delete or archive assets if we suspect that the content may be infringing on someone's intellectual property rights.
CSX Economy
CSX maintains the Wallys system for everyone's benefit and enjoyment. To keep it fair for everyone, some activity in the CSX Economy is prohibited, including:
- Using third-party services to buy, sell, trade, or give away Wallys
- Engaging in off-platform, secondary market transactions for account access
Promotional Offers
Developers may not use off-platform services or products to sell on-platform items for money or Wallys, either directly or as a bundle, unless expressly authorized by or in partnership with CSX.
Soliciting Donations
We also do not allow our community to solicit donations for a charitable cause on CSX, including:
- Claiming that a transaction is associated with a fundraiser
- Stating to Creators that some amount of sales proceeds will be directed toward a cause
Security
For our community to thrive, everyone must feel digitally safe as well as physically safe. We can achieve this by respecting each other's personal information and CSX's safety systems, and by keeping CSX accounts secure. This section describes how players and creators should treat others' information and protect their own and others' digital security.
For information about how CSX handles your personal information, please see the Privacy Policy in Part Four.
CSX does not permit the following.
Directing Creators Off-Platform for Unapproved Purposes
When using CSX, you may not link to any external websites or services, except for YouTube, Facebook, Discord, X (formerly Twitter), Twitch, TikTok, Kick, or other social media platforms or personal sites. Links to any of those approved sites must be listed in the Links settings of your profile or description page. Any other links or efforts to evade detection of links are prohibited, including:
- Links that contain CSX-inappropriate content
- Partial links, filter-breaking, and permitted website links that lead to non-permitted websites
- Encouraging others to visit unpermitted external links
Misusing CSX Systems
CSX maintains many systems to keep our Creators safe and secure. We prohibit attempts to bypass these systems, to gain unauthorized access to CSX or to others' CSX accounts or information, or to otherwise violate our platform security requirements.
Evading Safety and Security Systems
- Creating or using an account to avoid enforcement action taken against another account
- Using VPNs to mask your location in order to gain unauthorized access to CSX, including to a specific feature or account
- Offering access to your CSX account, or soliciting access to another's CSX account, for the purpose of evading enforcement action or safety systems
- Failing to use required APIs in your experience
Disruptive Content and Behavior
- Using bots that are programmed to run disruptive tasks
- Falsely reporting other Creators or encouraging others to do so
Part Four: Privacy Policy
P1. Welcome to the CSX Privacy Policy
Is this Privacy Policy for you?
If you visit the CSX website or the Creator Stock Xchange website, this Privacy Policy is for you, whatever your age and wherever you live. This Policy covers the CSX Services.
What is in this Privacy Policy?
This policy describes the rights you have regarding your Personal Information. It explains that you can control what happens to the information that can identify you, like your name, where you live and your email address. In this Privacy Policy, we will also tell you when and how we use information about you, including how we collect, record, organize, store and share it. Depending on where you live, you may have different rights or choices for managing your Personal Information, which this Policy will describe later on.
Where does this Privacy Policy apply?
If you are using CSX, you are in the right place. Here is where you can learn about keeping your information safe. Using CSX includes using:
- websites with a TreeofWally.com address or a CreatorStockX.com address
- other CSX features described in this policy
But if you leave our services, this Privacy Policy no longer applies. We are not responsible for what you see on other websites or apps or for their privacy policies, even if you have linked to them from our website or app. When you go to another site or app, we may show you a message telling you that you are leaving CSX.
Before moving on to the rest of the Privacy Policy, note that when you see certain terms in this Policy, some of them have specific meanings.
- "Children" or "Child" means any Creator under the age of 13
- "Minor" or "minor Creator" means a Creator of the Services who is under the legal age of majority in their jurisdiction or state of residence
- "Personal Information" means any information relating to a natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, or an online identifier
- "Platform" means our CSX platform
- "Privacy Policy" or "Policy" means this CSX Privacy Policy
- "Processing" means any operation which is performed on Personal Information, such as collecting, recording, organizing, structuring, storing, adapting or making any kind of disclosure or other use
- "Service" means any service or application offered by CSX. It includes websites on the TreeofWally.com domain, and our other websites, products, software, applications, content, data feeds and other services on which an authorized link to this Policy is posted.
Are you under 13, or responsible for an under-13-year-old?
If so, CSX is not for you.
P2. When we collect your information
Setting up a CSX account
Your first step to joining a CSX experience is to set up a CSX account. We will ask you to create a unique Creator name and password so you can log into your account and access features on CSX.
Your consent is fully voluntary
You can agree to consent to data sharing or not agree, and there will never be any repercussion or incentive one way or the other.
Posting content
We collect your email address, Creator name, and any other details you give when you:
- contact customer support
- report a problem
- ask for technical support
- ask us questions or give us comments
We use this information to answer your questions and to give you the support or help you ask for. We retain records of technical support questions for a limited time for internal use only, such as to answer additional questions about your account.
Using CSX features
We may use Personal Information when you use certain CSX features. To provide access to certain features, we may use your email address and other information you provide to us, such as your verified date of birth.
Third-party features such as social media add-ons or links
You can use third-party features like social media links, widgets, share buttons, and login features. These features may include social plugins from Google, Facebook, Twitter, or other platforms. In these cases, the third party's terms, conditions and privacy policies apply.
When you use these features:
- we may be able to access or use information on your social media accounts
- information about how you use CSX may be shared or posted on your profile on those platforms
If you use your CSX ID to sign in to a non-CSX website or service, and later delete your CSX account, you may lose access to that website or service.
Location-based Services
You can choose to use location-based Services. If you agree, we may collect and track geolocation information so that we can offer Services that depend on us knowing where you are.
We collect this information by using an identifier on your device or browser so that we can recognize you each time you return. To stop us collecting your location information, you can update your device settings, stop using the Service, or uninstall our mobile apps.
Contact Importer
If you opt in to the Contact Importer feature, you will share the first and last names and phone numbers of your contacts in your address book on your mobile phone with CSX. This feature helps connect you with your friends on our Service. If you use the feature, we will automatically access and collect information in your address book from time to time in order to sync your contacts.
Promotions and research
Taking part in promotions. If you take part in promotions, for example contests, sweepstakes, giveaways or prize draws, those activities may require contact information such as your name, email, or phone number, to be eligible for the prizes offered. If you receive a gift card provided by a third-party provider, certain contact information may be shared with the provider and used in accordance with this Policy and the terms listed on the provider's website. In some places in the world, the law requires us to publicly share information about the winners.
Taking part in research. If you choose to participate in research or surveys, these surveys may collect information about your likes and dislikes, experience interests and habits, general hobbies and interests, and other lifestyle information or preferences. These surveys may ask for Personal Information.
Advertising
To market CSX's Service to new and existing Creators, we use Personal Information like:
- IP addresses
- information on Creators' browsers or operating systems, including language settings and general location information
- Creator names or Creator IDs
Other purposes for collecting your information
We also use Personal Information for these general purposes, as permitted by law, in addition to the purposes listed above:
- To let you manage your account and our services
- To allow you to manage your CSX account or update your settings
- To communicate with you about our Services
- To make things better for you
- To operate, maintain, personalize, and improve our Service
- To research relevant technologies
- To provide technical support or customer service
- To protect you by keeping our platform safe and secure
- To detect security issues, protect against malicious, deceptive or illegal activity, and prosecute anyone responsible for that activity
- To find and fix errors or bugs
- To give you access to features or limit your access to CSX, as appropriate
- To protect our or our Creators' integrity, safety or security
- To comply with the law and our policies
- To audit interactions and transactions, and carry out any other compliance tasks
- To comply with the law and our own Terms of Use, or any other restrictions we have put on your use of the Service
You are under no obligation to provide Personal Information to CSX when requested. However, if you choose to withhold any requested information, we may not be able to provide you with certain services and features.
Cookies and similar technologies
Information collected through cookies. Like most websites, we use cookies and other standard internet technologies to help us make our services better.
Cookies. A cookie is a text file that is put on your computer or device when you visit a website. It lets the website remember what you do and any settings you choose, for example login information, language, or font size. Cookies make your experience more convenient; for example, if the cookie remembers your log-in details, you will not have to enter them again each time you visit the site. Some cookies last longer than others:
- Session cookies are deleted each time you close the browser
- Persistent cookies stay on the device for a defined period of time
- A cookie set by the owner of the web server you are visiting is called a first-party cookie, and cookies set by owners of other domains are called third-party cookies
Pixel tags and web beacons. A pixel tag or web beacon is a piece of code that tells its owner what you do on a web page. Pixel tags provide information like which web pages you visited or which ads you clicked on.
How we use cookies
We use technology like cookies to recognize you and customize your experience. We and any third parties might use these technologies whenever you visit our sites or use our Services.
We collect information about the devices and software you use, for example:
- the type of browser or device
- the website or source that linked or referred you to our services
- your IP address, device ID or other identifier that identifies your computer or mobile device; this cookie is not deleted when you close your browser
- the operating system of your computer or device
These technologies allow us to:
- record and keep your preferences, account settings, and certain login information, for your convenience and for security
- collect information about how you use the Services, for example how you downloaded our app or where you downloaded it from
- collect information on how software is used on your mobile device
- collect information about what features you use and how well our services work
- identify any suspicious activities so we can try to protect Creators from fraud and other inappropriate activities
- collect demographic information, for example age and location
- perform similar functions
We use cookies or similar technologies only for the purposes given in this privacy policy.
Your cookie rights in the EEA
When you visit our website with an EEA IP address, a cookie banner will appear asking you for your consent. You can manage your choice by clicking on "manage cookie preferences" in the cookie banner. We will save your choices in the form of a cookie. This cookie has a limited effective period of one year.
Your cookie choices
For TreeofWally.com, click on the link in the footer at the bottom of the page to access your cookie options. For all other sites, please clear your cookies and refresh your browser to display the cookie banner and access its settings.
Most web and mobile device browsers automatically accept cookies, but you can change your browser settings so that cookies are not accepted or you are warned before a cookie is set.
Use information from browser companies to learn more about how they manage cookies:
- Google Chrome: https://support.google.com/chrome/answer/95647?hl=en-GB
- Microsoft Edge: https://support.microsoft.com/en-us/microsoft-edge/delete-cookies-in-microsoft-edge-63947406-40ac-c3b8-57b9-2a946a29ae09
- Mozilla Firefox: https://support.mozilla.org/en-US/kb/cookies-information-websites-store-on-your-computer
- Safari (Desktop): https://support.apple.com/kb/PH5042?locale=en_US
- Safari (Mobile): https://support.apple.com/en-us/HT201265
- Android Browser: https://support.google.com/nexus/answer/54068
- Opera: https://www.opera.com/help
You can also learn more about cookies by visiting https://www.allaboutcookies.org/, which also tells you how to block or delete cookies that are already on your device.
By blocking or deleting the cookies used, you might limit your experience of the Service. You might not be able to log in or experience CSX.
To stop companies from tracking you on their websites
You can ask us or a third party to disable advertising-related tracking on our websites. To disable this tracking, we or the third party may need to set an opt-out cookie on your browser. You may need to change your browser settings to accept cookies if you want to fully disable advertising-related tracking. Please note that our Services do not respond to Do Not Track (DNT) signals.
On our corporate websites or in job applications
The parts of this privacy policy that are about experiences, or that give information about Creators under 13 years old, do not apply to the corporate websites.
If you contact us about job opportunities, we may ask for your name, email address and employment details. Or you may send us a CV or job application with this information. We have the right to use this information to send you corporate-related information or to respond to your job application. If you engage with CSX in an immersive space for prospective employees, such as the CSX Career Center, such a space may be recorded in order to provide the experience.
Our corporate websites give general company information to any Creator that visits them. They use the domain names corp.CSX.com and blog.CSX.com, and their subdomains. On these sites, we give information about the corporate side of CSX, press information, career information, and other general audience information. Our corporate websites do not offer any experiences.
P3. When we share your information
We may sell data, always for credits
Pending legal and technical barriers, any data, including ads, that is sold is settled in credit currency. This way, you are assured that the ecosystem you helped build is monetizing in a currency that only you received, ensuring that 100% of the financial value of data flowed through you, the users.
We may share Personal Information where necessary
When other companies need Personal Information to provide a service on our behalf, we may share your information, including Personal Information, with those companies, known as third-party agents, contractors, or service providers. We hire these companies to perform services for us. These companies are only allowed to use the information we share to complete the relevant tasks. They are not allowed to use the information we share for any other purpose, including selling Personal Information. We make sure that all companies that we share information with are capable of looking after the information properly. Personal Information collected through the SMS program will not be shared, sold or rented to third parties.
Here are examples of the services that we might rely on other companies to provide, and examples of the companies that we are likely to share information with:
- Account integrity and security services (for example, Veriff, Persona, Arkose Labs)
- Analytics services (for example, Google LLC)
- Creator acquisition services (for example, AppsFlyer)
- Community filtering and moderation services (for example, CommunitySift)
- Customer support services (for example, Zendesk)
- Surveys and promotions (for example, Reach3)
- Social media log-in services (for example, SAP Customer Data Cloud)
- Hosting and content delivery services (for example, AWS, Equinix, CenturyLink, YouTube, Vimeo)
For legal reasons or to help prevent a crime
We may share your Personal Information, as permitted or required by law, if:
- it is necessary to comply with a judicial proceeding, court order, or other legal process served on CSX
- law enforcement agencies, regulators, or other public agencies (including schools or children's services) request that we share it
- we believe that disclosing the information may prevent a crime
- a law requires us to share it
To help ensure safety and security
We may share your Personal Information if we believe that sharing would:
- help an investigation into public safety
- protect the safety of a child using CSX
- help to protect the security or integrity of our Services
If we need to protect ourselves against legal responsibility
We may share your information if we believe that disclosing the information will allow us to take precautions against taking legal responsibility, that is liability, or to protect our rights.
If there is a transfer of rights in our business, for example if we sell our business
We may hand over rights to access your information, including Personal Information, as part of a merger, acquisition, sale of assets, or similar transaction, or if information is handed over as a business asset in an insolvency, bankruptcy, or receivership. Where required by law, we will notify you and ask you to consent to such sharing.
We may disclose Personal Information to third parties for advertising or commercial purposes
CSX may disclose information collected from or about you to third-party advertising companies or advertising measurement companies to select advertisements for you, or to measure and improve advertising effectiveness. In accordance with applicable law, we provide our Creators with choices about whether data is disclosed for this purpose. Data disclosed for this purpose includes:
- Contact identifiers
- Device identifiers
Depending on where you live, you may have additional rights that apply. Disclosing data for the purposes described may be considered a "sale" or "share" of personal information under the California Consumer Privacy Act. California residents can find more information about their rights in the US State Privacy Policy Addendum.
We may share information that does not identify you
In some circumstances, we share data that does not identify you, for example:
- To comply with reporting requirements
- For any business or marketing purposes
- To help us and others understand how, when, and why Creators visit our sites and use CSX
We may share non-identifying data of all Creators regardless of their age.
We are not responsible if you share your own Personal Information
If you are 13 years old or over, you can share your Personal Information through chat, forums, messages or similar ways of sharing on our Service. Remember that anyone who uses these features will be able to see anything you share in this way. We are not responsible for how your Personal Information is used if you shared it yourself.
P4. Looking after your information
Security measures
We have security measures that are intended to protect any Personal Information or other sensitive information under our control from loss, misuse, or alteration. Though we cannot guarantee that loss, misuse or alteration of information will never occur, we use reasonable efforts to prevent it.
Sending or storing information on the Internet is not 100% secure, so we cannot guarantee the security of any information you share with us. To the fullest extent permitted by applicable law, we do not accept liability for unintentional disclosure.
CSX is based in the United States. We send information we collect from you to our secure servers in the U.S. where we store and use it. This storage is necessary for us to process the information.
We may also transfer information that we collect from you to our other offices and to the third parties mentioned in this Policy; these might be outside your region. Our agents or contractors may also use your information. The data protection laws of the U.S. or other countries may not be equivalent to those where you live.
Wherever we transfer your Personal Information, we will take reasonable steps to ensure that your privacy rights continue to be protected. If required by applicable legislation, we rely on a valid international data transfer mechanism to enable cross-border data transfers.
P5. Privacy Policy changes and updates
We update this Privacy Policy at times, so you should review this page regularly. We always publish the version and effective date of the latest version at the top of this document.
If we make any major changes, we will let you know by email, if we have your email address or a parent's or legal guardian's email address, or by showing a prominent notice on this website or in the app prior to the change becoming effective. If required by law, we will obtain your consent, or the consent of a parent or legal guardian, if any of these changes involve new material uses of your Personal Information not previously disclosed in this Privacy Policy.
P6. Additional information based on where you live
If you live in certain regions, you may have additional choices about your Personal Information or rights that apply to data processing. This section contains additional information based on where you live.
If you want to exercise your rights or make another request about your Personal Information, please write to us. If you are under 13 years old, please have your parent or guardian fill out the form.
In the course of visiting our websites and apps, and using our services and products, we may process the following Personal Information subject to the legal bases mentioned below.
Setting up a CSX account
- Creator name and password to create your account. The basis for processing this personal data is Article 6 sec. 1 sent. 1 lit. b GDPR ("performance of a contract").
- Email addresses and other information you provided us with for added verification or to enable certain features. The bases for processing this personal data are Article 6 sec. 1 sent. 1 lit. b ("performance of a contract") and lit. f ("legitimate interest") GDPR. CSX has a legitimate interest in providing a safe and secure Service, especially to protect children.
- If you choose to provide a phone number, we will use the phone number for security and account access purposes, which will allow you to log in via mobile and recover a lost or forgotten password. You authorize your wireless carrier to use or disclose information about your account and your wireless device, if available, to CSX or its service provider for the duration of your business relationship, solely to help them identify you or your wireless device and to prevent fraud. The legal basis for this processing activity is Article 6 sec. 1 sent. 1 lit. b GDPR ("performance of a contract") and lit. f ("legitimate interest") GDPR. We have a legitimate interest in enabling you to use our Services via your mobile device, ensuring security, and preventing fraud. Additionally, with your explicit and informed consent, we may use your phone number to recommend you as a friend to others using CSX. The legal basis for this processing activity is Article 6 sec. 1 sent. 1 lit. a GDPR ("consent").
Asking questions or getting technical support
- Information relating to contacting our customer service, for example when you report a problem or submit questions, concerns or comments. We may process your email address, your name and information relating to your inquiry or concern in order to respond to your communications, fulfill your requests, or provide other customer support. This processing activity is based on your consent according to Article 6 sec. 1 sent. 1 lit. a GDPR, or Article 6 sec. 1 sent. 1 lit. b GDPR ("performance of a contract"), depending on the initial purpose for contacting our customer support.
Using CSX features
- Information relating to your use of or interaction with third-party plug-ins, for example social plugins from Google, Facebook or Twitter. When you use these features, certain information from your social media accounts may be accessed by or shared with CSX, and likewise, certain information about your use of CSX may be posted to your profile on those platforms. The legal basis for this processing activity is Article 6 sec. 1 sent. 1 lit. a ("consent"). If you use your CSX credentials to sign in to a third-party website or service, and later delete your CSX account, you may lose access to such third-party website or service.
- When you use voice-based services from CSX, we will collect, process and store your voice recording to enable voice services and make our voice-related services safer. We will not engage in training or product improvement with private server voice chat recordings of EEA Creators. The bases for processing this personal data are Article 6 sec. 1 sent. 1 lit. b ("performance of a contract") GDPR and Article 6 sec. 1 sent. 1 lit. f ("legitimate interest"). With your consent, we will use voice recordings to inform training and product improvement. The basis for processing this personal data for training and product improvement is Article 6 sec. 1 sent. 1 lit. a ("consent").
- When you request or agree to location-based services (Creators 13 years old and older), we may collect and track geolocation information so that we can offer services that depend on us knowing where you are. Examples are check-in, or personalizing content or advertising. We collect this information by using an identifier on your device or browser so that we can recognize you each time you return. To stop us collecting your location information, you can update your device settings, stop using the service, or uninstall our mobile apps. The basis for processing this personal data is Article 6 sec. 1 sent. 1 lit. b ("performance of a contract").
- If you join a virtual event hosted by a Creator, data such as your Creator name, email, and CSX Creator ID may be shared with the third-party platform that hosts events. Such data is used to allow you to log in to the experience. Your activity during a Creator Event is subject to the third-party platform's privacy policy as well as the CSX Community Standards. The bases for processing this personal data are Article 6 sec. 1 sent. 1 lit. b ("performance of a contract") to join an event and lit. f ("legitimate interest") GDPR to ensure the security and integrity of our service.
- Information required for additional features that require the use of your camera, or that upload content containing your Personal Information. If you decide to use these features, we will collect, process, and store that content only for as long as needed to accomplish the purpose of the feature. The basis for processing this personal data is Article 6 sec. 1 sent. 1 lit. b ("performance of a contract"). For more information, please refer to the CSX Facial Animation Privacy Policy.
- Information required for other features or activities, which may be available to our Creators other than children. We may offer other features or activities on our Services from time to time, and you may be able to submit or upload Personal Information in connection with such features. The data being collected for such features and their intended uses will be evident at the time of data collection. The basis for processing this personal data is Article 6 sec. 1 sent. 1 lit. b ("performance of a contract").
- If you opt in to the Contact Importer feature, you consent to sharing with CSX the first and last names and phone numbers of your contacts in your address book on your mobile phone, either at the time you register for our Service or otherwise. We do so to help you connect with your friends on our Service. The legal basis for this processing activity is Article 6 sec. 1 sent. 1 lit. b GDPR ("performance of a contract").
- Interacting with our experiences. To improve your experience and ensure safety, we collect information about how you interact with the Services and we connect this information with your account. For example, we may collect information from a Creator to detect violations of our Terms and to improve our ability to detect such violations; collect information from your search history to give you similar recommendations; and share information like your Creator name and transaction details with the CGC creator or subsequent owners if you acquire a limited item or if you share, trade, or otherwise engage in a transaction involving CGC. The bases for processing this personal data are Article 6 sec. 1 sent. 1 lit. b ("performance of a contract") and lit. f ("legitimate interest"). We may use data collected from your interaction with our experiences for safety purposes on the basis of Article 6 sec. 1 sent. 1 lit. f ("legitimate interest").
Competitions, promotions, and research
- When you respond to or participate in voluntary research, surveys or studies. These surveys may collect information about your likes and dislikes, experience interests and habits, general hobbies and interests, and other lifestyle information or preferences. These surveys may ask for Personal Information. The legal basis for this processing activity is Article 6 sec. 1 sent. 1 lit. b GDPR ("performance of a contract").
- Information relating to your participation in contests, competitions, sweepstakes, giveaways, prize draws or other promotions that we may run on our Service or sponsor from time to time. We may process certain contact information, such as your name, email address, or phone number, for prize fulfillment purposes, as well as other information or content needed for the specific promotion. The legal basis for this processing activity is Article 6 sec. 1 sent. 1 lit. b GDPR ("performance of a contract").
Advertising
- To market our services, inter alia via social media platforms, in order to bring new Creators to our websites and to maintain and increase our Creator base, we may process Personal Information such as IP addresses, information on Creators' browser or operating system, including language settings, regional location information and Creator names or Creator IDs. The legal basis for the processing of this data is CSX's legitimate interest in maintaining our Creator base, bringing new Creators to our websites and informing potential Creators about interesting events, Art. 6 sec. 1 sent. 1 lit. f GDPR ("legitimate interest").
Other purposes for collecting your information
- Login information, which may include your IP address, device type, Creator name, password, date and time of your visit, information on your browser version, information on your operating system, including language settings, MAC addresses, and Creator ID. We will process this information to provide you with our Service. The legal basis for this processing activity is Article 6 sec. 1 sent. 1 lit. b ("performance of a contract") and lit. f ("legitimate interest") GDPR. It is in our legitimate interest to guarantee the Services' stability and security.
- Account information, for example information such as your name, Creator name, login and password details, regional location information, Creator-generated content, contact details that you choose to provide to us, and other Personal Information that is used for participating in the Service we are offering. We process this information to provide our Services to you. The legal basis for this processing activity is Article 6 sec. 1 sent. 1 lit. b GDPR ("performance of a contract").
Cookies and similar technologies
- We use cookies. Some of these cookies are necessary for the basic functioning of the website and therefore cannot be deactivated. The legal basis for this processing activity is Article 6 sec. 1 sent. 1 lit. b GDPR ("performance of a contract") and Art. 6 sec. 1 sent. 1 lit. f GDPR ("legitimate interest"), because we have a legitimate interest in guaranteeing the Services' stability and security. We will use optional cookies only if you have previously consented to such use. When you visit our website with an EEA IP address, a cookie banner will appear asking you for your consent. You can manage your choice by clicking on "manage cookie preferences" in the cookie banner. We will save your choices in the form of a cookie. This cookie has a limited effective period of one year. The legal basis for this processing activity is Article 6 sec. 1 sent. 1 lit. a GDPR ("consent"). In addition, you can also manage cookies using your browser settings.
On our corporate websites or in job applications
- Information relating to a job application made by you, such as your name, email address, employment details, CV, resume or other details of your employment history sent by you. We will process this information to process and respond to your job application. If you engage with CSX in an immersive space for prospective employees, such as the CSX Career Center, such a space may be recorded in order to provide the experience. The legal basis for this processing activity is Article 6 sec. 1 sent. 1 lit. b GDPR ("necessary for entering into an employment contract with us").
Data sharing
CSX may share Creators' information, including Personal Information such as Creator names, with our third-party agents, contractors, or service providers who are hired to perform services on CSX's behalf.
These providers may operate or support certain functions of the Service. Below is an illustrative list of functions for which we may use third-party service providers and the names of the providers we may use to perform these functions:
- Account integrity and security (for example, Veriff, Persona, Arkose Labs)
- Analytics services (for example, Google LLC)
- Creator acquisition services (for example, AppsFlyer)
- Community filtering and moderation services (for example, CommunitySift)
- Customer support services (for example, Zendesk)
- Surveys and promotions (for example, Reach3)
- Social media log-in (for example, SAP Customer Data Cloud)
- Hosting and content delivery network services (for example, AWS, Google Cloud, Equinix, CenturyLink, YouTube, Vimeo)
The legal basis for this data transfer and processing activity is Article 28 of the GDPR in conjunction with the data processing agreements we concluded with the respective third-party agents. These agents and contractors are only allowed to use the information shared with them for the specific tasks they have been hired to do, consistent with this Privacy Policy, and for no other purposes. CSX takes steps to ensure that all service providers with access to Personal Information are capable of protecting the information we share with them.
With your consent, CSX will disclose information collected from or about you to advertisers or advertising measurement companies to select advertisements for you, or to measure and improve advertising effectiveness. Data disclosed for this purpose includes contact identifiers and device identifiers. The legal basis for this processing activity is Article 6 sec. 1 sent. 1 lit. a ("consent").
Legal disclosure
We may disclose Personal Information about you, including the content of your communications on the Service, to comply with legal process, including court orders and subpoenas, served on our Service. In addition, we also may disclose Personal Information about you, including content, in response to a request from law enforcement agencies, regulators, or other public agencies, including schools or children's services, or if such disclosure may (i) prevent the instigation of a crime, (ii) facilitate an investigation related to public safety or protect the safety of a child using our Service, (iii) protect the security or integrity of our Service, or (iv) enable us to take precautions against liability or to protect our rights. The legal basis for such disclosure is Article 6 sec. 1 sent. 1 lit. c ("compliance with legal obligation") in compliance with the respective EEA or Member State law, and lit. f ("legitimate interest") GDPR. It is our legitimate interest to comply with the legal requirements of U.S. law. Further, we have a legitimate interest in these purposes.
Storage and international transfer of your Personal Information
CSX is based in the U.S. Your Personal Information that we collect is sent to and stored on secure servers located in the United States of America. Such storage is necessary in order to process the information. Some of our agents and third-party service providers are located outside the European Economic Area, for example in the United States. The data protection laws of the United States or other countries may not be as comprehensive as or equivalent to those in your country of residence. Wherever we transfer your Personal Information, we will take reasonable steps to ensure that your privacy rights continue to be protected, for example by concluding the EU Standard Contractual Clauses with third parties.
Your rights as a data subject
If you are a Creator based in the European Economic Area, you may be entitled to exercise some or all of the following rights:
- Request (i) information as to whether your Personal Information is retained and (ii) access to or duplicates of your Personal Information retained, including the purposes of the processing, the categories of Personal Information concerned, and the data recipients as well as potential retention periods
- Request rectification, removal or restriction of your Personal Information, for example because (i) it is incomplete or inaccurate, (ii) it is no longer needed for the purposes for which it was collected, or (iii) the consent on which the processing was based has been withdrawn
- Refuse to provide, and, without impact to data processing activities that have taken place before such withdrawal, withdraw your consent to processing of your Personal Information at any time
- Object, on grounds relating to your particular situation, to processing of your Personal Information, in case such processing is either based on our or a third party's legitimate interests or on the performance of a task carried out in the public interest. In this case, please provide us with information about your particular situation. After the assessment of the facts presented by you, we will either stop processing your Personal Information or present you with our compelling legitimate grounds for ongoing processing
- Object to the use of your Personal Information for direct marketing at any time
- Request (i) to receive the Personal Information concerning you, which you have provided to us, in a structured, commonly used and machine-readable format and (ii) to transmit those data to another controller without hindrance from our side. Where technically feasible, you shall have the right to have the Personal Information transmitted directly from us to another controller
- Exercise the rights referred to above, pose any questions, or make any complaints regarding our data processing by contacting us under the contact details set out above in Section P1
Further, you may take legal action in relation to any potential breach of your rights regarding the processing of your Personal Information, as well as lodge complaints before the competent data protection regulators.
P7. CSX for Chrome (browser extension)
CSX for Chrome is a browser extension that shows CSX prices next to the names of public figures on the web pages you read, and lets signed-in members trade from a card on the page. This section describes everything the extension collects and sends. Where it differs from the rest of this Privacy Policy, this section governs data collected through the extension.
What stays in your browser
The extension reads the text of the pages you visit inside your browser to find names of public figures. The page text, the page address, the site you are on, and your browsing history never leave your browser, except as listed below. The extension stores its settings, the CSX figure dictionary and recent prices in your browser's extension storage. Your sign-in token is kept only in temporary extension storage and is cleared when the browser closes.
What the extension sends to CSX
- Name lookups: when a page contains a name the extension does not already know, it sends that name, without the page or the site, to CSX to check whether it is a figure listed on CSX.
- Public market data: the extension downloads the public figure dictionary, prices and market rules. These requests carry no information about you or your pages.
- Site boards in the popup: when you open the extension's popup and view the board for the site you are on, the extension sends that site's domain name (for example, nytimes.com) to fetch the board. For partner sites listed by CSX, it also sends the domain to fetch the site's look.
- Mention reporting, only if you turn it on for a site: the domain, the CSX figures named on that site, and the hour. This is off by default for every site.
- Trading, only if you sign in: your CSX sign-in, and for each order you place or check, the figure, side, quantity, price and an order reference, plus the extension's version number. To show your balance and holdings on the card, it reads them from your CSX account. When you sign in, the extension tells CSX that you use it and which version. It never sends the site or page you traded from.
- Listing requests, only when you tap List on a figure: that figure's name and public identifier.
Like any request to a website, these requests reach our servers with your IP address. For name lookups, we keep a keyed one-way hash of the IP address (never the address itself) with the names that matched a figure for 7 days, and a count of names that matched nothing for up to 31 days, so that we can list newly popular figures and teach the extension to ignore phrases that are not names. Mention reports are kept by the hour for 8 days and by the day for 90 days.
What we never do with extension data
- We do not sell data collected through the extension, and we do not use or transfer it for advertising, for creditworthiness or lending purposes, or for any purpose unrelated to showing CSX prices and running CSX trading.
- The provisions of section P3 about selling data for credits and disclosing data to advertising companies do not apply to data collected through the extension.
- We share extension data only with the service providers that host and deliver CSX (for example, our hosting and content delivery providers and our sign-in provider), under the limits in section P3, or where the law requires it.
- No person at CSX reads extension data about you, except with your permission, for security or abuse investigations, or where the law requires it.
Your choices
You can turn the extension off for any site from its popup, turn mention reporting on or off per site, sign out at any time, or remove the extension from Chrome, which deletes everything it stored in your browser. To ask about or delete data tied to your CSX account, use the Support tab of the CSX for Chrome listing in the Chrome Web Store or write to Creator Stock Xchange, 100 Wildwood Road, Kings Point, NY 11024.
Appendix: Clauses removed or changed in version 2.0
This appendix lists every clause of version 1 (Last Updated January 12, 2025) that was removed or materially changed, by its old number, with one line of reason.
Removed
| Old clause | Old title or content | Reason |
|---|---|---|
| T&C 2c (ii) | Acquiring Wallys by purchasing a Higher-Tier Subscription | Purchase path. CSX no longer sells Wallys. |
| T&C 2c (iii) | Acquiring Wallys by otherwise purchasing them from CSX on a one-time basis | Purchase path. CSX no longer sells Wallys. |
| T&C 2c, final sentence | "Only Creators who have reached the age of majority ... may purchase Wallys or engage in other real-money transactions on the Services." | Purchase path; no real-money transactions remain. |
| T&C 2d | "Wallys Are Non-Refundable" | Refund rule exists only for purchases; no payments for Wallys are taken. |
| T&C 2f | "Higher-Tier Subscriptions" (auto-renewing paid Currency-as-a-Service subscriptions) | Paid subscription path removed in full. |
| T&C 3 (heading) | "Payments and Refunds" | No payments or refunds for Wallys remain; the section is retitled "Unauthorized Account Use". |
| T&C 3a | "General" (age of majority required to purchase Wallys or CSX Subscriptions) | Purchase path. |
| T&C 3b | "Creator Responsibilities" (payment-method representations and warranties) | Purchase representations. |
| T&C 3d | "Chargeback Policy" | Chargebacks exist only where payments are taken. |
| Data Terms 3av | "Prize Program Terms" (exchanging Wallys for real currency at a CSX-set rate) | Redemption of Wallys for real currency is removed. |
| Data Terms 10 (heading) | "Purchase of Wallys" | Whole section is a purchase path. |
| Data Terms 10a | Purchasing Wallys against a displayed price, payment methods, "Pay Now" | Purchase path. |
| Data Terms 10b | "Absolute right in Wallys" (CSX's right effective only for the future, with no effect on Wallys already validly held) | Existed only as a counterweight to purchased balances; superseded by clause 2g, which is broader in CSX's favour. |
| Data Terms 10c | "Prizes" (redemption of Wallys for real currency) | Deleted in full by direction; cash redemption no longer exists. |
| Data Terms 10d | "Creator's statutory rights and refundability of payments" | Statutory refund rights attach only to payments; no payments are taken. |
| Privacy Policy, "Purchases on CSX" (section 2) | "You can buy virtual currency (Wallys) and subscriptions ..." plus the billing-information list and payment-processor paragraphs | No purchase path, so no billing information is collected for one. |
| Privacy Policy, "Purchases on CSX" (section 6, GDPR bases) | Billing and payment information bullet for virtual currency and premium subscriptions | Same reason, in the GDPR legal-bases table. |
| Privacy Policy, section 6, "If you're a developer or creator" | Prize Program W-9 and W-8 tax-form bullet | The Prize Program is removed with the cash redemption clause. |
| Privacy Policy, data-sharing lists | "Billing and payment services" vendor bullet (Kount, Worldpay, PayPal, Incomm, Blackhawk, Google, Apple, Amazon, Windows Store, Xbox, PlayStation, Meta Quest, Xsolla) in both the section 3 and section 6 lists | No member payments are processed, so no billing vendors receive member data. |
Added
| New clause | Content | Reason |
|---|---|---|
| Version block | Document name, version 2.0, effective date, "What changed in version 2.0", prior versions available on request | Versioned publication, per the bridge compliance memo. |
| T&C 2d | "Wallys Are Not Sold": "CSX does not sell Wallys. Wallys are only earned." plus the earned-origin eligibility rule | States the no-sale position once and plainly, and carries the earned-only eligibility rule from memo section 5.1. |
| T&C 2g | "Wallys, Omega and conversion" | Verbatim text of section 5.3 of the bridge compliance and disclaimer memo. |
Changed
| Old clause | Change | Reason |
|---|---|---|
| Section 2 heading | "Wally Licenses and Higher-Tier CSX Subscriptions" becomes "Wally Licenses" | Paid subscriptions removed. |
| T&C 2a | "Except as otherwise outlined in Prize Terms, Wallys cannot be redeemed for any fiat currency" becomes "Wallys cannot be redeemed for any fiat currency" | The Prize Terms carve-out is gone; the bar on fiat redemption is now unqualified. |
| T&C 2b | "your acquisition or purchase of Wallys subject to the Wally License agreement - whether Basic or a Higher-Tier paid subscription" becomes "your acquisition of Wallys under the Wally License" | Purchase and paid-tier language removed. |
| T&C 2e | "This may include limiting the number of Wallys a Creator may acquire or lowering the purchase price of Wallys, if one even exists at all." loses the purchase-price clause | No purchase price exists. |
| T&C 2f (new) | The previously unnumbered paragraph beginning "Except for the limited licenses granted to you ..." is given a clause number and the title "CSX Rights in Wallys" | Numbering fix; substance unchanged. |
| T&C 3bi | Becomes clause 3a of the retitled section 3, and "restrict an Account's ability to purchase Wallys or engage in Trades" becomes "restrict an Account's ability to engage in Trades"; "unauthorized charges" becomes "unauthorized use" | The non-purchase substance is kept; the purchase reference is removed. |
| T&C 8a i | "billing address" in the arbitration notice requirements becomes "mailing address" | No billing addresses are held. |
| T&C 8b iv | "San Nassau County, New York" becomes "Nassau County, New York" | Typographical fix; venue is Nassau County, consistent with clauses 8b x and 9b. |
| T&C 8b iv | FedArb link corrected to https://www.fedarb.com | The version 1 link pointed at an unrelated help-centre URL. |
| Data Terms clause numbers | All Data Terms clauses now carry a "D" prefix (D1 to D9b) | Version 1 had two clauses numbered 3a and two numbered 10a across the two parts. |
| Data Terms 2bii, fourth paragraph | "Creator Shares ... which are validly purchased or otherwise validly obtained" becomes "validly obtained" | Shares are not purchased for money. |
| Data Terms 3aiv | "If, in connection with a Dispute, CSX returns Wallys or real money to a Creator" becomes "returns Wallys to a Creator"; the clause is given the title "Transactions Between Creators" | No real money moves between CSX and members. |
| Privacy Policy sections | Numbered P1 to P6 and given a part heading | Version 1 restarted at 1 inside the Privacy Policy, colliding with the Terms and Data Terms numbering. |
| Privacy Policy, promotions | "to be eligible for discounts or prizes" becomes "to be eligible for the prizes offered" | Discounts implied a purchase path. |
| Privacy Policy, cookie purposes | "protect Creators from payment fraud and other inappropriate activities" becomes "protect Creators from fraud and other inappropriate activities" | No payments are taken. |
| Privacy Policy, data-sharing intro | "including Personal Information like billing information or Creator names" becomes "including Personal Information such as Creator names" | No billing information is held. |
| Privacy Policy, section 5 | "We always publish the date of the latest version at the bottom of this page" becomes a reference to the version and effective date at the top | Matches the new version block. |
| Throughout | Em dashes replaced with plain dashes; exclamation marks removed; run-on clauses split; capitalisation and "Terms & Conditions" versus "Terms and Conditions" made consistent; duplicated cookie-banner paragraph in the Privacy Policy removed | Style and consistency; no change of meaning. |