1. USE OF THE WEBSITE

Acceptance of the Terms of Use

You accept these terms of use are accepted for use of all Selekt apps, websites, and services for all of your and its parent corporations, subsidiaries, owners, employees, and agents. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of our websites, all affiliated websites, including mobile websites and applications, owned and operated by us, our predecessors or successors in interest, or our Affiliates, all services, applications and products that are accessible through the Site and all Selekt mobile applications that link to or reference this Terms of Use (collectively, the "Selekt Services").

Please read the Terms of Use carefully before you start to use Selekt Services. By using Selekt Services or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at the Site, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use Selekt Services.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of Selekt Services thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on Selekt Services.

Your continued use of Selekt Service following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Digital Signature

By registering for a Selekt account on the Site (an "Account"), or by clicking to accept the Terms of Use when prompted on the Site, you are deemed to have executed these Terms of Use electronically, effective on the date you register your Account or click to accept the Terms of Use, pursuant to the U.S. Electronic Signatures in Global and National Commerce Act (the ESign Act) (15 U.S.C. § 7001, et seq.). Your Account registration constitutes an acknowledgement that you are able to electronically receive, download, and print these Terms of Use, and any amendments.

Intellectual Property Rights

Selekt Services and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Selekt, its licensors or 1 other providers of such material and are or may be protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on Selekt Services, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one unmodified copy of a reasonable number of pages of Selekt Services for your own personal, non-commercial use and not for further reproduction, publication or distribution, except to reasonably facilitate purchases through Selekt Services.
• If We provide social media features with certain content, You may take such actions as are enabled by such features.

You must not:

• Modify copies of any materials from this site.
• Reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to Us, or that comes from Selekt Services, belongs to another Selekt Services user, or to a third party including works covered by any copyrights, trademark, patent, or other intellectual property right, except with Selekt’s prior express permission and/or the prior express permission of any other party holding the right to license such use.
• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Selekt Services or any services or materials available through Selekt Services, except to reasonably facilitate purchases through Selekt Services.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of Selekt Services in breach of the Terms of Use, your right to use Selekt Services will cease immediately and you must return and destroy any copies of the materials you have made. No right, title or interest in or to Selekt Services or any content on Selekt Services is transferred to you, and all rights not expressly granted are reserved by the Selekt. Any use of Selekt Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may also violate copyright, trademark and other laws.

Prohibited Uses

You may use Selekt Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use Selekt Services:

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries), or Selekt’s systems and policies.
• In any way that is in violation of Selekt’s users’ reasonable expectations of privacy and other privacy-based rights, including the right of publicity and intellectual property rights.
• For the purpose of inappropriately contacting, exploiting, harming or attempting to exploit or harm minors in any way, including by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
• To transmit, distribute, Post, or procure the sending, distribution, or Posting of spam, unsolicited, or bulk electronic communications.
• To transmit, distribute, Post, or procure the sending, distribution, or Posting of chain letters or pyramid schemes.
• To impersonate or attempt to impersonate the Selekt, a Selekt employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Selekt Services, or which, as solely determined by us, may harm the Selekt or users of Selekt Services or expose them or Selekt to liability.
• To manipulate the price of any listing or interfere with any other User’s listing.
• If you are not able to form legally binding contracts (for example, if you are under 18 years of age), or are temporarily or indefinitely suspended from using Selekt Services, and its services, applications or tools.
• To commercialize any portion or the totality of Selekt Services or any information or software associated with such application.

Additionally, you agree not to do any of the following, including, but not limited to:

• Use Selekt Services in any manner that could disable, overburden, damage, or impair Selekt Services or interfere with any other party’s use of Selekt Services, including their ability to engage in real time activities through Selekt Services.
• Transfer your Selekt Services account to another party without Our consent.
• Fail to pay for services purchased by You.
• Harvest or otherwise collect information about Selekt Services users without their consent.
• Use any robot, spider or other automatic device, process or means to access Selekt Services for any purpose, including monitoring or copying any of the material on Selekt Services.
• Use any manual process to monitor or copy any of the material on Selekt Services or for any other unauthorized purpose without our prior written consent.
• Use any device, software or routine that interferes with the proper working of Selekt Services.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of Selekt Services, the server on which Selekt Services is stored, or any server, computer or database connected to Selekt Services.
• Attack Selekt Services via a denial-of-service attack or a distributed denial-of-service attack.
• Bypass our robot exclusion headers, interfere with the working of our Service, or impose an unreasonable or disproportionately large load on our infrastructure.
• Export or re-export any portion or totality of Selekt Services except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions.
• Circumvent any technical measure we use to provide Selekt Services.
• Utilize Service services, including, but not limited to, electronic communication services (including video) for predominantly personal purposes not relevant to the purchase or sale of a service on Selekt Services. We reserve the right to throttle the video chat feature for users who engage in excessive calling with a limited history of purchases and/ or sales on Selekt Services.
• Otherwise attempt to interfere with the proper working of Selekt Services.

User Contributions

Selekt Services may contain message boards, chat rooms, live video streams, personal Web pages or profiles, forums, bulletin boards, review features, social media, video conferences, blogs, text message chats, and other interactive features that allow Users to post, submit, publish, display, or transmit to other users or other persons (herein, a "Post") content or materials (collectively, "User Contributions") on or through Selekt Services. User Contributions also include any listings and information contained in the listing regarding a service for sale on Selekt Services.

All User Contributions must comply with the Content Standards set out in these Terms of Use. Selekt shall not be liable or responsible for any Post or any User Contributions.

Any User Contribution you Post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on Selekt Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns an exclusive, worldwide, perpetual, irrevocable, royalty-free, paid-up, freely sublicensable right to exercise any and all copyright, publicity, trademark, and database rights and other intellectual property rights you have in the content, in any media known now or developed in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights or any other intellectual property or publicity rights against us, our sublicensees, or our assignees.

You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
• None of the User Contributions infringe any third-party intellectual property rights, including, but not limited to, trademark, copyright, patent, trade secret, right of publicity or privacy, and any moral rights.
• All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Selekt, are fully responsible for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions Posted by you or any other user of Selekt Services.

Monitoring and Enforcement; Termination

Without any refund, We have the right to:

• Remove or refuse to Post any User Contributions for any or no reason in our sole discretion, including any listing Posted on the Site by a Client.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of Selekt Services or the public, or could create liability for Selekt.
• Disclose your identity or other information about you to any third party who claims that material Posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Halt, suspend, or delete any sale between Models and Client.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of Selekt Services.
• Terminate or suspend your access to all or part of Selekt Services for any or no reason, including without limitation, any violation of these Terms of Use or failure to pay any fees due to Us.

Without limiting the foregoing, We have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone Posting any materials on or through Selekt Services. YOU WAIVE AND HOLD HARMLESS SELEKT AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, We do not undertake to review material before it is Posted on Selekt Services, including but not limited to User Contributions, and cannot ensure prompt removal of objectionable material after it has been Posted. Accordingly, We assume no liability for any action or inaction regarding transmissions, communications or content provided by any User or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions, including a posting for services on the Service, and use of any of the services provided on the Service, including any electronic communication tools available on the app. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
• Promote alcoholic beverages, firearms, ammunition, tobacco cigarette, or cigarette papers, or blunt wraps, or any other preparation of tobacco, or any other instrument or paraphernalia that is designed for the smoking or ingestion of tobacco, products prepared from tobacco, or any controlled substance, fireworks, any dietary supplements, tickets or shares in lottery games, and drug paraphernalia.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, gender identity, or age.
• Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote or assist any unlawful act.
• Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
• Impersonate any person or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
• Give the impression that they originated from or are endorsed by Us or any other person or entity, if this is not the case.

Changes to the Service

We may update the content and functionality of Selekt Services from time to time, but Selekt Services is provided “AS IS” and Service content is not necessarily complete or up-to-date. Any of the material on Selekt Services may be out of date at any given time, and We are under no obligation to update such material.

Links from our Website or Apps

If our Website or Apps contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links, in User Contributions, and links generated by a respective User in the posting on our website or apps. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to Selekt Service, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

2. CONSENT

Consent To Use Electronic Records

In connection with the Terms of Use, you may be entitled to receive certain records from Selekt or our Affiliates, such as contracts, notices, and communications, in writing. To facilitate your use of Selekt Services, you give us permission to provide these records to you electronically instead of in paper form.

Your Consent And Your Right To Withdraw Consent

By registering for an Account, you consent to electronically receive and access, via email or the Site, all records and notices for Selekt Services under the Terms of Use that we or our Affiliates would otherwise be required to provide to you in paper form. However, we reserve the right, in our sole discretion, to communicate with you via the U.S. Postal Service and other third-party mail services using the address under which your account is registered. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting Customer Support. If you withdraw your consent to receive such records and notices electronically, we will revoke your access to Selekt Services, and you will no longer be permitted to use the Selekt Services. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal. Please note that your withdrawal of consent to receive records and notices electronically will not apply to records and notices electronically provided by us to you before the withdrawal of your consent becomes effective.

Keeping Your Address And Email Address Current With Us

In order to ensure that we are able to provide records and notices to you electronically, you agree to notify us immediately of any change in your email address by updating your Account information on the Site or by contacting Customer Support. In addition, so that we may communicate with you via the U.S. Postal Service and other third-party mail services, you agree to notify us immediately of any change in your address.

Privacy

Selekt's Privacy Policy at /about/privacy-policy/ (the "Privacy Policy") governs your use of the Sites and it is incorporated in these Terms by reference. The Privacy Policy explains, among other things, what information is gathered from visitors to the Sites, how it is used and retained, and ways visitors can restrict the use or disclosure of information we collect. Through your use of the Sites you consent to the collection and use of the information that you submit through the Sites, subject to the terms of our Privacy Policy. Selekt reserves the right to provide account and user information, including email, to third parties as required or permitted by law (such as in response to a subpoena or court order), and to cooperate with law enforcement 5 authorities in the investigation of any criminal or civil matter. Information you provide to a third-party Web site is governed by that Web site's terms and policies and these Terms or our Privacy Policy.

Advertising Policy

We retain the right to promote your content, including any User Contributions, on various third-party websites, including, but not limited to, any search engines, shopping engines, and listing websites. In addition, We retain the right to use any User Contributions in the Selekt Services and for advertising, social media, media campaigns via any method known or to be developed in the future, print materials, interviews, case studies, any marketing channel deemed appropriate, and internal business purposes.

3. HOW SELEKT WORKS

Selekt is a premier virtual community platform that connects Clients with Talents and other elite members for a wide range of exclusive events and experiences. Clients can discover and book Talents for diverse activities, including but not limited to, brand marketing, product launches, luxury travel experiences, social gatherings, and enhancing the ambiance at high-profile events. Selekt also offers a curated list of luxury hospitality venues, providing Clients with access to premium locations to host their events.

Beyond event bookings, Selekt functions as a premium matchmaking service, helping members connect with others who align with their lifestyle and personal interests for curated one-on-one meetings.

As a Talent, you have the opportunity to secure paid engagements across various activities, allowing you to network with influential individuals while enjoying exclusive settings. Whether you’re attending VIP events, participating in social experiences, or meeting new people through matchmaking, Selekt empowers you to monetize your skills and social presence —all without the constraints of exclusive contracts or agency interference. You control your bookings and receive prompt payment upon the completion of each engagement

Selekt carefully selects and screens referred Clients to cultivate a vibrant and professional community, ensuring that only legitimate and qualified Talents are part of the platform. We are committed to maintaining the highest standards of quality, timeliness, and legality in the provision of Selekt Services. While Selekt facilitates connections and provides a platform for Clients and Talents to interact, we encourage Talents to assess their suitability and reliability through our integrated rating system, which reflects Talents’ performance and interactions within the community. While we give no assurances about the suitability, reliability, timeliness, or accuracy of Selekt Services requested we provide a forum for you to make your own determinations.

Clients post booking opportunities on the Selekt app, detailing the services they require and the type of Talent they seek. Talents and other participants can then apply to these opportunities. Clients review the applications and select the Talents and participants that best match their needs. Once selected, Talents are notified of their approval and can prepare for the engagement. After the service is delivered, the Client pays the Talent, with Selekt crediting the Talent’s account for the agreed-upon amount. Selekt then deducts a service fee as set forth below.

Geographic Restrictions

The owner of Selekt Services is based in the state of New York in the United States. We make no claims that Selekt Services or any of its content is accessible or appropriate outside of the United States. Access to Selekt Services may not be legal by certain persons or in certain countries. If you access Selekt Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Creating an Account

To use the Selekt Services, you will need to create an account, and if you are creating an account for a business, you represent and warrant that you have the authority to create and use the account on behalf of that business. You will need to provide us with your contact information, as well as billing information that is requested, which may include credit card information. You represent and warrant to us that you are at least 18 years old and that all information that you provide in connection with your account is at all times accurate, truthful, current and complete. Selekt Services reserves the right to verify the information provided and then to approve or deny any account at its discretion. You promise to update the information you have provided in the event of any changes to your contact information. In addition, factors such as number of jobs, number of Clients already using the marketplace, and number of models can affect a person’s ability to create an account. Also, you are and will be solely responsible for all of the activity that occurs through your account, so please keep your password and account information secure.

Booking Processing

Once you are verified you have access to a list of venues from each city where you can create a job. When you submit a job, you will provide information including the date, time, location, duration, proposed model rate for the job, and a desired 6 number of models. You will also have the opportunity to add any additional job specifications necessary for the job. Prior to the Event upon acceptance of any models, we charge the amount equal to the Total Fees including the subtotal of the fees for all the models as well as our fees. You will receive notification when models apply for the job and you will have the opportunity to approve or decline. Upon payment for the job, we use Stripe, a system that allows you to use a third party such as Paypal, Apple pay, Venmo, or a credit card to pay securely. Approval is the last step in accepting a Model for a job and is not reversible. Attendance at the job is then determined by the Models checking in, geolocation technology, and by your approval. You may also leave detailed reviews for the models at your discretion. Most jobs and payments will be processed and paid out within 24 hours of the end of the event.

Payment Terms to Talent

All payments are processed through Stripe or PayPal payment service. You must maintain and provide at all times complete and accurate information for your third party payment service such as PayPal, bank account or other similar payment platforms which Selekt has approved and we will have no liability to you for your failure to maintain complete and accurate payment information. By utilizing a third party payment service you agree to their terms of service. You acknowledge that a successful payment processed through a third party may take 2 to 3 days for money to be deposited in Talent’s account. You also agree that We are not responsible for any issues regarding any transactions processed through any third party payment service and You release Us from any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your use of a third party payment service for the payment of your services purchased through Selekt Services. In addition, You agree that Selekt is not responsible for positing or providing any third-party processing fees to You, including any fees charged. If you leave a booking for any reason prior to conclusion, you will not be paid. If you leave early due to a safety concern, please contact us. Your payment may be reduced or withheld if you do not adhere to our code of conduct or event-specific instructions or duties.

The fees charged by Selekt for your use of the service are as follows:

1. Up to $100 - no fee

2. $100 and up - 10% fee

Notwithstanding any other provision of the Terms of Use, and except as prohibited by applicable law, if we determine in our sole discretion that you have violated the conditions and restrictions of the Site or the Terms of Use, Selekt may hold the disbursement of the Fees. You will receive payment for a booking upon verification of attendance for the full duration of the event and verification of any additional tasks to be completed by you including checking in on the App upon your arrival at the booking. We verify attendance via various mechanisms including geolocation information collected by the App from your mobile device and manual attendance verification. It is important that you maintain your mobile device powered on and with you while performing a booking and continue to allow the App access to your geolocation information.

Additionally, Selekt may also hold the disbursement of the Fees if: (a) we require additional information, such as tax information, government-issued identification, address, or date of birth; (b) we have reason to believe the Fees may be subject to dispute or chargeback; (c) we suspect fraud; (d) we believe there are reasonable grounds for insecurity with respect to the performance of obligations under a Service Contract, these Terms of Use; (e) we deem it necessary in connection with any investigation; or (f) required by applicable law.

In cases of fraud, abuse, or violation of the Terms of Use, Selekt reserves the right to revoke any payments and hold and reclaim all Fees due (not just the Fees from Selekt Services Contract(s) under investigation) unless prohibited by applicable law. In addition, we reserve the right to seek reimbursement from you, and you will reimburse us, if we suspect fraud or criminal activity associated with your payment, withdrawal, or Engagement; if we discover erroneous or duplicate transactions; or if we have supplied our services in accordance with these Terms of Use yet we receive any chargeback from you, or used by your Client if you are Talent. You agree that we have the right to obtain such reimbursement by offsetting any amounts determined to be owing, deducting amounts from future payments or withdrawals, or obtaining reimbursement from 7 you by any other lawful means. Failure to pay for reimbursements of charge backs is cause for termination of your Account and revocation of your access to the Site.

Payment Processing

All payments are processed through the third-party payment service Stripe. You must maintain and provide at all times complete and accurate information for your third-party payment service such as bank account or other similar payment platforms which Selekt has approved and we will have no liability to you for your failure to maintain complete and accurate payment information. By utilizing a third-party payment service you agree to their terms of service. You also agree that We are not responsible for any issues regarding any transactions processed through any third party payment service and You release Us from any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your use of a third-party payment service for the payment of your services purchased through Selekt Services. In addition, You agree that Selects is not responsible for positing or providing any thirdparty processing fees to You, including any fees charged. For the avoidance of doubt, this means any and all issues with Stripe or any other third-party payment processor are solely the responsibility of Stripe or other third-party payment processor, or you.

Client agrees to pay the full amount of the fee for the booking including Our fee upon the acceptance of any talent for the booking.

Notwithstanding any other provision of the Terms of Use, and except as prohibited by applicable law, if we determine in our sole discretion that you have violated the conditions and restrictions of the Site or the Terms of Use, Selekt may hold any Fees paid.

Selekt may hold the disbursement of the Model’s Fees if: (a) we require additional information, such as Model’s tax information, government-issued identification, address, or date of birth; (b) we have reason to believe the Model’s Fees may be subject to dispute or chargeback; (c) we suspect fraud; (d) we believe there are reasonable grounds for insecurity with respect to the performance of obligations under a service contract or these Terms of Use; (e) we deem it necessary in connection with any investigation; or (f) required by applicable law.

In cases of fraud, abuse, or violation of the Terms of Use, Selekt reserves the right to revoke any payments and hold and reclaim all Model’s Fees due to Model (not just the Model’s Fees from Selekt services contract(s) under investigation) unless prohibited by applicable law. In addition, we reserve the right to seek reimbursement from you, and you will reimburse us, if we suspect fraud or criminal activity associated with your payment, withdrawal, or Engagement; if we discover erroneous or duplicate transactions; or if we have supplied our services in accordance with these Terms of Use yet we receive any chargeback from you. You agree that we have the right to obtain such reimbursement by offsetting any amounts determined to be owing, deducting amounts from future payments or withdrawals, or obtaining reimbursement from you by any other lawful means, including reasonable attorney’s fees. Failure to pay for reimbursements of charge backs is cause for termination of your Account and revocation of your access to the Site.

Cancellation

Approved Talent can cancel up to three (3) hours prior to the beginning time of the booking on the date of the booking without incurring any penalties. Talent can cancel or leave a booking at any time, however if talent cancels a booking three (3) hours or fewer before the beginning of the booking, they will incur a $10 cancellation fee and will be marked as a “no show” in their file and receive no pay for the booking.

A Client’s cancellation can be performed directly through your account by removing the booking, however, you may not be entitled to a refund or may be subject to certain conditions as set forth below depending on the circumstances of your cancellation. Please read the conditions below carefully before cancelling any booking.

Our fees are non-refundable, however Clients are entitled to refunds of other fees under the following circumstances:

• If the client cancels more than 48 hours prior to the date of the booking and the talent receive notification about the booking cancelation, then client is entitled to a full refund less Our fees.
• If the cancellation is between 48 and 24 hours prior to the date of the booking, then Client receives 75%.
• In the event that client posts a booking for more than one talent, but fewer talent have applied for the booking, then this is not considered a cancellation and client can either raise the “amount per talent” or proceed with the booking with fewer talent.
• Failure of any talent to show up for a booking is not considered a cancellation and client is required to pay all talent who do show up. Client will receive partial credit of the Subtotal for any talent who did not show up.
• If Client doesn't show up for a booking, no money will be refunded and all approved talent must be paid

4. WEBSITE FUNCTIONALITY

Selekt Accounts-Account Eligibility

To use the Site and Selekt Services, you must register for an Account. To register for an Account, you must be, and hereby represent that you are, a legal entity or an individual 18 years or older who can form legally binding contracts. By registering for an Account, by using the Site or Services after the Effective Date if you had an account on the Effective Date, or by clicking to accept the Terms of Use when prompted on the Site, you agree to: (a) abide by these Terms of Use; (b) be financially responsible for your use of the Site and providing services; and (c) perform your obligations as specified by any service contract that you enter into, unless such obligations are prohibited by applicable law or the Terms of Use. Selekt reserves the right, in our sole discretion, to refuse, suspend, or revoke your access to the Site and Services upon discovery that any information you provided on any form or posted on the Site is not true, accurate, or complete, or such information or other conduct otherwise violates the Terms of Use, or for any other reason or no reason in Selekt’s sole discretion.

You represent that you are not: (x) a citizen or resident of a geographic area in which access to or use of the Site or Services is prohibited by applicable law, decree, regulation, treaty, or administrative act; (y) a citizen or resident of, or located in, a geographic area that is subject to U.S. or other sovereign country sanctions or embargoes; or (z) an individual, or an individual employed by or associated with an entity, identified on the U.S. Department of Commerce’s Denied Persons or Entity List, the U.S. Department of Treasury’s Specially Designated Nationals or Blocked Persons Lists, or the U.S. Department of State’s Debarred Parties List or other economic sanction rules of any sovereign nation. You agree that if your country of residence or other circumstances change such that the above representations are no longer accurate, that you will immediately cease using the Site and Site Services.

By registering for an Account, you must complete a User profile (“Profile”), which you consent to be shown to other Users and, unless you change your privacy settings, the public. You agree to provide true, accurate, and complete information on your Profile and all registration and other forms you access on the Site or provide to us and to update your information to maintain its truthfulness, accuracy, and completeness. You agree not to provide and to correct any information about your location, your business, your skills, or Selekt Services your business provides that is or becomes false or misleading. You agree not to register for more than one Account without express written permission from us. You agree not to ask or allow another person to create an Account on your behalf, for your use, or for your benefit.

When you register for an Account, you will be asked to choose a username, email and password for the Account.

You are entirely responsible for safeguarding and maintaining the confidentiality of your Account username, email and password. You authorize Selekt to assume that any person using the Site with your username, email and password either is you or is authorized to act for you. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or any unauthorized access to your password or the password of any User of your Account. You further agree not to use any username, email or password of another User of the Site that you are not authorized to use, and not to allow others who are not authorized to do so to use your Account at any time.

Accessing Selekt Services and Account Security

We reserve the right to withdraw or amend this Service, and any service or material we provide on Selekt Services, in our sole discretion and without notice. We will not be liable if, for any reason, all or any part of Selekt Services is unavailable at any time or for any period. From time to time, with or without notice, We may restrict access to some parts of Selekt Services, or the entire Service, regardless of registration status to Users.

You are responsible for:

• Making all arrangements necessary for you to have access to Selekt Services, including sole responsibility for all Internet, data, and connectivity costs, fees, and taxes;
• Ensuring that all persons who access Selekt Services through your Internet connection are aware of these Terms of Use and comply with them.

To access Selekt Services or some of the resources or services it offers, you may be asked to provide certain registration details or other information. It is a condition of Your use of Selekt Services that all the information you provide on Selekt 8 Services is correct, current and complete. You agree that all information You provide to register via Selekt Services or otherwise, including but not limited to through the use of any interactive features on Selekt Services, is governed by our Privacy Policy, and You consent to all actions We take with respect to your information consistent with our Privacy Policy. For the sake of clarity, only Your chosen display name (i.e., any name You choose, including your real name or an alias), City, and State where You are located are required on Your public profile.

If You choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, You must treat such information as confidential, and You must not disclose it to any other person or entity. You also acknowledge that your account is personal to You and agree not to provide any other person with access to this Service or portions of it using your username, email, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username, email or password or any other breach of security. You also agree to ensure that You log out from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer, device so that others are not able to view or record your password or other personal information. We have the right to disable any username, email, password or other identifier, whether chosen by You or provided by Us, at any time in our sole discretion for any or no reason, including if, in our sole opinion, You have violated any provision of these Terms of Use. Selekt may edit, manage, modify, and/or delete any information related to the account, including but not limited to profiles, booking listings, event or marketing communications, and direct and/or indirect video, audio, and/or text messages.

Feedback and Rating

You acknowledge and agree that feedback benefits the community, all Users, and the efficiency of the Site and you specifically request that Selekt post composite or compiled feedback about Users, including yourself, on User Profiles and elsewhere on the Site. You acknowledge and agree that feedback results for You, will consist of comments, ratings, indicators of User satisfaction, and other feedback left by other Users. You further acknowledge and agree that Selekt will make feedback results available to other Users, including composite or compiled feedback. Selekt provides this feedback system as a means through which Users can share their opinions publicly and Selekt does not monitor or censor these opinions. You acknowledge and agree that posted composite or compiled feedback relate only to the business advertised in the Talent Profile and not to any individual person. You agree not to use the feedback to make any employment, credit, credit valuation, underwriting, or other similar decision about any other User.

Selekt does not investigate any remarks posted by Users for accuracy or reliability but may do so if a User requests that Selekt do so. You may be held legally responsible for damages suffered by other Users or third parties as a result of your remarks if such remarks are legally actionable or defamatory. Selekt is not legally responsible for any feedback or comments posted or made available on the Site by any Users or third parties, even if that information is defamatory or otherwise legally actionable. In order to protect the integrity of the feedback system and protect Users from abuse, Selekt reserves the right (but is under no obligation) to remove posted feedback or information that, in Selekt’s sole judgment, violates the Terms of Service or negatively affects our community. You acknowledge and agree that you will notify Selekt of any error or inaccurate statement in your feedback results and that if you do not do so, Selekt may rely on the accuracy of such information.

Reliance on Information Posted

The information presented on or through Selekt Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to Selekt Services.

This Service may include live content, real-time interactions, and content provided by third parties, including materials provided by other Users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Selekt, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Selekt. We are not responsible, or liable to You or any third party, for the content or accuracy of any materials provided by any third parties.

Portfolio

Selekt provides a service and community that are effective and professional for talent and clients, therefore standards and limits are applied without discrimination for age, race, creed, color, national origin, sexual orientation, military status, sex, gender expression, disability, predisposing genetic characteristics, familial status, marital status, or domestic violence victim 10 status.

Each talent is required to provide information to allow Clients to determine whether or not the talent meets the requirements for a particular booking including but not limited to:

• Measurements requirements – shoe size, dress size, height
• - Hair & eye color, age
• Face and body photos & introduction videos
• Languages
• Personal Interests
• Bio
• Event preferences

5. BOOKINGS

Worker Classification

Client is responsible and assumes all liability for determining whether Models are independent contractors or employees and engaging them accordingly; Selekt disclaims any liability for such determination or the related Engagement. The Terms of Service do not create a partnership or agency relationship between Users or with Selekt. Model does not have authority to enter into written or oral (whether implied or express) contracts on behalf of Selekt. For Service Contracts classified as independent contractor relationships, Client may not require an exclusive relationship.

Selekt is not a party to the dealings between Client and Model, including posts, proposals, screening, selection, contracting, and performance of Services. Selekt does not introduce Models to Clients or help Models find Engagements. Selekt merely makes Selekt Services available to enable Models to identify and determine the suitability of Clients for themselves and to enable Clients to identify and determine the suitability of Models for themselves. Selekt does not, in any way, supervise, direct, or control Model or Model’s work. Selekt does not set Model’s work hours, work schedules, or location of work. Selekt will not provide Model with training or any equipment, labor, or materials needed for a particular Service Contract. Selekt does not provide the premises at which the Model will perform the work. Selekt makes no representations about, and does not guarantee the quality, safety, or legality of, the Model Services; the truth or accuracy of Model’s listings on the Site; the qualifications, background, or identities of Users; the ability of Models to deliver the Model Services; the ability of Clients to pay for the Model services; or that a Client or Model can or will actually complete a transaction.

Selekt does not deduct any amount for withholding, unemployment, Social Security, or other taxes for Client or Model, each of which is solely responsible for all tax returns and payments required to be filed with or made to any federal, state, or local tax authority in any nation with respect to Model’s performance, and Client’s acceptance, of Model Services.

Selekt is not required to and may not verify any feedback or information given to Us by Models or Clients, nor does Selekt perform background checks on Models or Clients.

You hereby acknowledge and agree that Selekt may provide information on the Site about a Model or Client, such as feedback, composite feedback, including a strength or risk score, geographical location, or verification of identity or credentials. However, such information is based solely on data that Models or Clients voluntarily submit to Selekt and does not constitute and will not be construed as an introduction, endorsement, or recommendation by Selekt; Selekt provides such information solely for the convenience of Users.

Talent Performance

Talent agree to perform all services in a legal, professional, and workmanlike manner. The manner and means of performing any services will be determined and controlled solely by Talent, which is engaged by Client as an independent contractor. Professionalism is taken very seriously as we receive feedback from our clients during the booking’s finalizing stage, so talent are required to adhere strictly to all of the specifications set forth for each booking. Any talent with unsatisfactory reviews and feedback from Clients may be terminated from use of Selekt Services at Selekt’s sole and absolute discretion.

Client Performance

Clients agree to behave professionally during all contacts with models. Any behavior that is inappropriate, illegal, or which causes a Model to feel uncomfortable is strictly prohibited and will result in termination of the Client’s account.

1. General Public Behavior. When attending any public event, whether a Company event or otherwise, Client shall:

(a) Maintain decorum and abstain from lewd, lascivious, violent, hateful, abusive, obscene, or illegal activities, as any such conduct may adversely affect Company’s reputation;
(b) Act with a reasonable level of maturity and integrity;
(c) Act with a level of class and social status commensurate with the premier and exclusive nature of Company’s business; and
(d) Not discriminate based on race, ethnicity, religion, gender, gender identity, or sexual orientation.

2. Venue Behavior. When attending nightlife entertainment at a Venue through reservations with Company, Client shall adhere to the following:

(a) Satisfy the Venue’s dress code, and if advised that his or her attire does not meet the Venue’s dress code, he or she will promptly and calmly leave the Venue to change attire and return or reschedule the reservation;
(b) Treat all of Venue’s staff respectfully, refrain from using profanity towards them, and obey seating instructions by all staff, including security and table service staff; and
(c) Abstain from lewd, lascivious, violent, hateful, abusive, obscene, or illegal activities at the Venue; and
(d) Be sober when arriving at the Venue (i.e., not visibly or noticeably under the influence of any mood altering substance before entering the Venue).

3. Use of Public Media. Client shall not create, post or share vulgar, violent, obscene, racist, prejudice, hateful, or otherwise offensive statements, comments or photos in any form of public media while at any event created through Selekt.

6. LEGAL PROVISIONS

Warranty Disclaimer

YOU AGREE NOT TO RELY ON THE SITE, THE SITE SERVICES, ANY INFORMATION ON THE SITE OR THE CONTINUATION OF THE SITE. THE SITE AND THE SITE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. SELEKT MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE SITE, THE SITE SERVICES, WORK PRODUCT, OR ANY ACTIVITIES OR ITEMS RELATED TO THIS AGREEMENT OR THE OTHE TERMS OF SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SELEKT DISCLAIMS ALL EXPRESS AND IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW FOR ALL OF THE FOREGOING LIMITATIONS ON WARRANTIES, SO TO THAT EXTENT, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. SECTION 20 (TERM AND TERMINATION) STATES USER’S SOLE AND EXCLUSIVE REMEDY AGAINST SELEKT WITH RESPECT TO ANY DEFECTS, NONCONFORMANCES, OR DISSATISFACTION.

Limitation on Liability

IN NO EVENT WILL SELEKT, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, SELEKT SERVICES, ANY WEBSITES LINKED TO IT, INCLUDING THE STRIPE SERVICE UTILIZED FOR PAYMENT, ANY CONTENT ON SELEKT SERVICES ANY SERVICES PURCHASED ON SELEKT SERVICES, OR SUCH OTHER WEBSITES OR ANY SERVICES OBTAINED THROUGH SELEKT SERVICES OR SUCH OTHER SERVICE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE OR ARISING FROM A SITUATION KNOWN, THAT SHOULD HAVE BEEN KNOWN, OR WHICH SELEKT HAS BEEN INFORMED.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, REGULATION, OR FUNCTION OF LAW OR REGULATION, BUT THIS DISCLAIMER SHALL APPLY TO THE FULLEST EXTENT THAT THE APPLICABLE LAW IN YOUR JURISDICTION ALLOWS.

Limitation on Total Liability

Regardless of any clause waving our liability, if We are found to be liable, our total liability to You or to any third party is limited to the lesser of: (a) any purchases made on our Service by You (not including any purchases made for another entity or person which gave rise to our liability, or (b) $100 (USD).

Indemnification

You agree to defend, indemnify and hold harmless Selekt, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of Selekt Services, including, but not limited to, your User Contributions, any use of Selekt Services content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from Selekt Services.

Governing Law and Jurisdiction

All matters relating to Selekt Services and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16).

Binding Arbitration

You agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of Selekt Services or services provided on Selekt Services, including the determination of the scope or applicability of this agreement to arbitrate, will be determined by individual, single-claimant, binding arbitration in New York City, New York before one arbitrator. No class action or mass arbitrations shall be authorized. The arbitration will be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the award by the arbitrator may be entered in any court having jurisdiction. The Parties must maintain the confidential nature of the arbitration proceeding and the arbitration award, including the arbitration hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, or unless otherwise required by law or judicial decision. Each party must pay its own proportionate share of arbitrator fees and expenses and the arbitration fees and expenses of JAMS. The arbitrator is entitled to award the foregoing arbitration and administrative fees and expenses as damages in his/her discretion. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

A party who intends to seek arbitration must first send to the other, by certified mail, a completed form notice of dispute ("Notice"). The Notice must include the following information: your name, your Service username, your telephone number, your email address, your physical mailing address, a description of the nature of the dispute you have with the Selekt (including any supporting documents) and the relief sought against Selekt. Selekt will send any Notice to you to the physical address we have on file associated with your Service account; it is your responsibility to keep your physical address up to date.

If you and Selekt are unable to resolve the claims described in the Notice within thirty (30) days after the Notice is sent, you or Selekt may initiate arbitration proceedings.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR SELEKT SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Trademarks

The Selekt name, the Selekt logo and all related names, logos, product and service names, designs and slogans are trademarks of the TopModeal Inc, Selekt or its affiliates or licensors. You must not use such marks without the prior written permission of the Selekt. All other names, logos, product and service names, designs and slogans on this Service are the trademarks and property of their respective owners. All requests pertaining to Selekt’s trademarks should be sent to legal@theselekt.com

Non-Disclosure

You shall maintain the confidentiality of all information and materials of Selekt, of all Clients, and of all Models whether such information is located on Selekt Services, oral, written or in any form whatsoever, reasonably understood, from the nature of such information itself and/or the circumstances of such information’s disclosure, to be confidential and/or 12 proprietary.

Information about Clients and Models is proprietary information of significant value to Selekt and the use or release of such information by anyone will cause irreparable harm to Selekt. Damages for the release or use of such information cannot be calculated without significant expense. Selekt shall be entitled to all consequential damages along with actual damages, loss of work damages, and any damages claimed by Clients or Models. Selekt is entitled to claim attorney’s fees in the event of any litigation resulting from the disclosure or use of such information.

Non-Compete

Clients shall not contact any Talent outside of the performance of a booking and shall not solicit any Talent independently. Talent can only be paid through Selekt Services and any payments made directly to Talent will be considered gratuities which do not count towards the fees owed for performance of a booking. Solicitation of a Talent or contacting a Talent other than during a booking is grounds for immediate termination of your account.

Force Majeure

Selekt is not responsible for any failure to provide Selekt Services or for any delay in performance of any requirements in these Terms of Use where the failure or delay is due to interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures, acts of God, flood, fire, earthquake or explosion, war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, government order or law, actions, embargoes or blockades in effect on or after the effective date of these Terms of Use, action by any governmental authority, national or regional emergency, strikes, labor stoppages or slowdowns or other industrial disturbances, disease pandemics, or without limiting the foregoing, any circumstances of like or different character beyond its control.

Waiver and Severability

No waiver of by the Selekt of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Selekt to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Selekt with respect to Selekt Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to Selekt Services.

Your Comments and Concerns

This website is operated by Selekt.

All feedback, comments, requests for technical support and other communications relating to Selekt Services should be directed to: members@theselekt.com