CREATOR TERMS OF SERVICE

THIS LEGAL AGREEMENT BETWEEN YOU AND SELECTSETS STATING THE TERMS THAT GOVERN YOUR USE OF SELECTSET'S SERVICE AS A CREATOR.

By posting content to any of the SelectSets websites (“The Service”) or other SelectSets services, you (the “Creator”) agree to be bound by the following Creator terms and conditions and all SelectSets policies, including those available by the User Terms of Service Agreement (collectively, the "Agreement"). SelectSets reserves the right to change this Agreement from time to time at its sole discretion, and your use of the Service will be subject to the most current version posted on the Service at the time of your use.

If you do not accept the Agreement, do not access or use the Service.

Definition of the SelectSets Service.
The Service permits Users to purchase a membership to access digital content, such as photos and videos (“Content”), under certain terms and conditions as set forth in the. Creators post their personal Content for sale to Users.

Creator Representations and Warranties.

1)    You authorize Users to access and view your Content on SelectSets for their own lawful and personal use.

2)    You warrant that for all Content that you publish on SelectSets:

a)     the Content adheres to our Acceptable Use Policy listed below;

b)    you either own your Content or have a license to publish the Content to SelectSets; 

c)     should your Content include any third-party material, you have secured the right to use such third-party property in your Content on SelectSets. You also agree to release us from and not to make any claims against us arising from Co-Authored Content. You agree that all claims arising from Co-Authored Content shall be made against the Creator(s) who posted Co-Authored Content or appeared in the Co-Authored Content (as applicable);

d)    the Content is of good quality and is accurate as to the description of the Content and any statement or representation which you make about the Content in your site or in any advertising;

e)     You agree that you will be liable to us and indemnify us if any of the warranties is untrue;

3)    We are not responsible for and do not endorse any aspect of any Content posted by you or any other User of SelectSets. We do not have any obligation to monitor any Content and have no direct control over what your Content may comprise.

4)    You also agree to act as custodian of records for the Content that you upload to SelectSets.

5)    You agree that although SelectSets facilitates transactions between Users and Creators by providing the SelectSets platform, storing Content, and acting as a payment intermediary, we are not a party to any agreement between Users and Creators or any other contract which may exist between a User and Creator, and are not responsible for any transactions or interactions between Users and Creators.

6)    Co-Authored Content.

a)     If you upload Content to your Creator account which shows anyone else other than or in addition to you (even if that person cannot be identified from the Content), you warrant that each individual shown in any Co-Authored Content uploaded to your account:

i)      is a Creator on SelectSets;

ii)    has given her full consent to her appearance in the Co-Authored Content;

iii)  has consented to the Co-Authored Content in which she appears being posted on SelectSets.

b)    You must not upload any Content containing any image, photo, video or audio of anyone else other than or addition to you unless such person is also a Creator on SelectSets. 

c)     If any Co-Authored Content is a work of joint authorship, you are solely responsible for obtaining any required licenses or consents from any other joint authors of the Content which are sufficient to permit such Content to be uploaded to and made available on SelectSets.

d)    You agree that we will only pay out Creator Earnings to the account of the Creator to which the Co-Authored Content is uploaded. The Creator who uploaded the Co-Authored Content is solely responsible for dividing and distributing any revenue generated from the Co-Authored Content between the Creators shown in such Co-Authored Content. Any such revenue-sharing agreement shall be an independent, private agreement between Creators, and we are not responsible for providing or enforcing any such agreements. You understand and agree that you are not entitled to any Creator Earnings earned on any Co-Authored Content in which you appear but which is posted on another Creator’s account. If you post Co-Authored Content on your account, we may require you to provide valid and complete legal information for all individuals which appear in the Co-Authored Content. If you fail to provide any information requested by us upon our request, we may delete the Co-Authored Content, restrict your rights and permissions to post as a Creator, terminate your account, and/or withhold all or any portion of Creator Earnings earned but not yet paid out to you.

e)     You agree to release us from and not to make any claims against us arising from Co-Authored Content. You agree that all claims arising from Co-Authored Content shall be made against the Creator(s) who posted Co-Authored Content or appeared in the Co-Authored Content (as applicable).

7)    Although we facilitate transactions between Users and Creators by providing the SelectSets platform, storing Content, and acting as a payment intermediary, we are not a party to any contract which may exist between a User and Creator, and are not responsible for any transactions or interactions between Users and Creators.

Payment Terms

8)    All User payments will be received by a third-party payment provider approved by us.

9)    We pay you 80% of the total received from Users (“Creator Earnings”) for the sale of your Content to your Users. We keep 20% for the cost of providing the SelectSets platform, storing your content, customer service and payment processing fees.

10) There are two pay periods each month, one being from the 1st through the 15th and the other from the 16th through the end of the month. Payments are made via direct bank transfer within five days after the end of each pay period.

11) You can check your sales stats real-time within the admin area of your site.

12) If a User successfully seeks a refund or chargeback from their credit card provider in respect of a User Payment, we may investigate and may decide to deduct from your account an amount equal to the Creator Earnings earned by you on the charged-back or refunded amount.

13) Circumstances in which we may withhold Creator Earnings:

a)     We may withhold all or any part of the Creator Earnings due to you but not yet paid out:

i)      if we think that you have or may have seriously or repeatedly breached any part of the Agreement.

ii)    if you attempt or threaten to breach any part of the Agreement in a way which we think has or could have serious consequences for us or another User (including actual or possible loss caused to us or another User); or

iii)  if we suspect that all or any part of the Creator Earnings result from unlawful activity, either by you or by the User who made the User Payment resulting in the Creator Earnings, for as long as is necessary to investigate the actual, threatened or suspected breach by you or the suspected unlawful activity (as applicable). If following our investigation, we conclude that (1) you have seriously or repeatedly breached any part of the Agreement; (2) you have attempted or threatened to breach any part of the Agreement in a way which has or could have serious consequences for us or another User (including actual or possible loss caused to us or another User), and/or (3) the Creator Earnings result from unlawful activity, we may notify you that you have forfeited your Creator Earnings.

b)    We shall not have any responsibility to you if we withhold or forfeit any of your Creator Earnings where we have a right to do so under this Agreement.

c)     If we are withholding all or any part of the Creator Earnings due to you and we determine that part of the Creator Earnings withheld by us is unrelated to breaches by you of the Agreement or suspected unlawful activity, then we may pay to you the part of the Creator Earnings which we determine to be unrelated to breaches by you of the Agreement or suspected unlawful activity. However, you agree that if we consider that your breach(es) of the Agreement has or may cause us loss, we may withhold all Creator Earnings due to you but not yet paid and we may set off such amounts against any losses suffered by us.

d)    If once we have finished our investigation, we determine that Creator Earnings are forfeited, we will use our best efforts to return any User Payments which resulted in forfeited Creator Earnings to the relevant Users who paid such User Payments.

Acceptable Use Policy

We prohibit Content that:

1)    does not legally abide by your local laws or federal laws;

2)    shows, promotes, advertises or refers to:

a)     firearms, weapons, or any goods whose sale, possession or use is subject to prohibitions or restrictions;

b)    drugs or drug paraphernalia;

c)     self-harm or suicide;

d)    incest;

e)     bestiality;

f)     violence, rape, lack of consent, hypnosis, intoxication, sexual assault, torture, sadomasochistic abuse or hardcore bondage, extreme fisting, or genital mutilation;

g)    necrophilia;

h)    urine, scatological, or excrement-related material;

i)      "revenge porn" (being any sexually explicit material featuring any individual who has not given prior, express and fully informed consent to that material (a) being taken, captured, or otherwise memorialized, or (b) being posted and shared on SelectSets);

j)      escort services, sex trafficking, or prostitution;

3)    contains unsolicited sexual content or unsolicited language that sexually objectifies another User or anyone else in a non-consensual way, or contains fake or manipulated sexual content in relation to another User or anyone else (including "deepfakes");

4)    contains, promotes, advertises or refers to hate speech (being Content intended to vilify, humiliate, dehumanize, exclude, attack, threaten, or incite hatred, fear of, or violence against, a group or individual based on race, ethnicity, national origin, immigration status, caste, religion, sex, gender identity or expression, sexual orientation, age, disability, serious disease, veteran status, or any other protected characteristic);

5)    contains or refers to anyone else's personal data or private or confidential information (for example, telephone numbers, location information (including street addresses and GPS coordinates), names, identity documents, email addresses, log-in credentials for SelectSets including passwords and security questions, financial information including bank account and credit card details, biometric data, and medical records) without that person's express written consent;

6)    either:

a)     in the case of Content featuring public nudity, was recorded in or is being broadcast from a country, State or province where public nudity is illegal; or

b)    in the case of Content featuring sexual activities, was recorded in or is being broadcast from a public place where members of the public are reasonably likely to see the activities being performed (this does not include outdoor places where members of the public are not present, for example private property such as a private backyard, or secluded areas in nature where members of the public are not present).

7)    gives the impression that it comes from or is approved, licensed or endorsed by us or any other person or company;

8)    causes or is calculated to cause inconvenience, or anxiety to anyone else or which is likely to upset, embarrass, or cause serious offence to anyone else;

9)    is used or is intended to be used to extract money or another benefit from anyone else in exchange for removal of the Content; and/or involves or promotes third party commercial activities or sales, such as contests, sweepstakes and other sales promotions, product placements, advertising, or job posting or employment ads without our prior express consent.

Territory.
The Service is currently available worldwide, but you are responsible for ensuring that the use of the Service is legal within your own local territory.

Electronic Signatures and Contracts.

YOUR USE OF THE SITE INCLUDES THE ABILITY TO ENTER INTO AGREEMENTS ELECTRONICALLY. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THE SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.

Changes.
SelectSets reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately and incorporated into this Agreement. Your continued use of the Service following will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.

Notices.
SelectSets may send you a notice with respect to the Service by sending an email message to the email address listed in your SelectSets Account contact information or by a posting on the SelectSets website. Notices shall become effective immediately.

Governing Law.
The laws of the State of New York, excluding its conflicts of law rules, govern these Terms and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with SelectSets or relating in any way to your use of the Service resides in the courts of the State of New York.

Miscellaneous.
This Agreement constitutes the entire agreement between you and SelectSets and govern your use of the Service as a Creator, superseding any prior agreements between you and SelectSets. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. SelectSets's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such provision, or any other provision of this Agreement. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. SelectSets will not be responsible for failures to fulfill any obligations due to causes beyond its control.