StarNow Terms of Use Agreement

Acceptance of terms and conditions
The following are the terms on which we offer you access to our site and services. The StarNow sites and services are owned and operated by StarNow Limited (registered in New Zealand under company number 1584653), trading as StarNow. By using the StarNow website you agree to be bound by these Terms of Use, whether or not you register as a Member of StarNow. If you wish to become a Member and make use of the StarNow service (the "Service"), please read these Terms of Use. If you object to anything in this Agreement, the StarNow Community Guidelines, or the StarNow Privacy Policy, do not use the Website or the Service.

Changes to the terms and conditions
These terms and conditions may be changed by us from time to time. Changes will be effective immediately upon posting of the updated terms and conditions on this website. You are responsible for ensuring you are familiar with the latest terms and conditions. Continuing to use the site represents your agreement to be bound by the terms and conditions as amended.

These terms and conditions (as amended from time to time) shall together with any other document specifically referred to herein form the entire agreement between us.

We recommend that you keep a copy of these terms and conditions for your own reference.

Our service
  • StarNow operates a website which provides a service enabling advertisers such as television production companies, advertising agencies, theatres, event promotion companies and other advertisers operating in the entertainment industry to place classified advertisements. Advertisers may choose to place advertisements, and applicants such as models, actors, dancers, photographers, musicians and other individuals that may choose to apply to such advertisements, at which point StarNow will forward the applicant's details to the advertiser or display further application instructions.
  • Advertisements may be linked to a microsite created and hosted by StarNow to also accept applications. Such microsites will be offered at StarNow's discretion.
  • Users of the service ("Members") may choose to Register for a free 'Trial' Membership, or choose to Subscribe to Membership of the website. Subscribers to membership of the website can choose to make their personal information and photos public, contact and receive contact from other members of StarNow, and access further features and tools on the StarNow website.
  • By making your profile public, you acknowledge that any internet user visiting StarNow may view your profile, including photos and showreels. Making your profile public will also make your profile accessible from search engines such as Google.
  • Members may also purchase Contact Credits on the website. These Credits allow Members to contact other Members in the Talent Directory.
  • StarNow is not responsible for the content, and makes no warranty as to the accuracy of the advertisements. Members should always use their own judgement in deciding whether or not to apply for any of the roles advertised on this site. We provide our service only for the purposes of providing listings for casting and auditions with third party advertisers. We shall not be liable under any circumstances for the actions of any Advertiser of any role featured on this site.
  • StarNow is not responsible for the content, and makes no warranty as to the accuracy of Members' personal information. Advertisers should always use their own judgement in deciding whether to contact, cast or audition members. We shall not be liable under any circumstances for the actions of any member.
  • Submitting a casting call for placement on StarNow is taken as consent to the use of your name, website, email, logo and casting call in marketing and promotional activities conducted by StarNow Limited.
  • StarNow services as described above are limited to providing advertisers with information about applicants seeking work in the entertainment business and to providing information about advertisers to such applicants. This service is the only work finding service provided by StarNow and StarNow is not connected to the advertisers or applicants save in respect of these terms and conditions.
  • You acknowledge that the decision to offer you auditions or jobs rests with the Advertisers who use StarNow, and the availability of such jobs is affected by the industry as a whole. StarNow cannot guarantee that applicants will be offered auditions or jobs, or that advertisers will find suitable talent, through using this service.
  • It is your responsibility to ensure that any audition or job offered by employers is acceptable to you. StarNow is unable to provide advice relating to the nature, duration, terms, or payment for any job.


Responsibility for minors
This site is intended for persons aged 18 or over and StarNow may refuse to register any person under the age of 18. You acknowledge that some parts of the StarNow site may contain material that is inappropriate for minors. At StarNow's option, we may agree to you (as legal guardian for a minor) registering a profile on behalf of the minor. Currently and without limit, individuals who are aged under 13, and who are governed by US law, may not have a registered profile on the site.

If you register on behalf of a minor, you must still comply, and must ensure the minor complies, with these terms. Any breach of these terms by the minor is deemed to be a breach by you. You must ensure that any access by the minor to StarNow or to communications made via StarNow is fully supervised by you. You or a minor registered by you are not permitted to upload images of an adult or inappropriate nature. Minors may not advertise casting calls or jobs. From time to time, StarNow may advise you of other policies or conditions that apply to the profiles of minors. You must comply with those policies or conditions if you are to continue using this service.

Membership restrictions
You may not use our services if:
  • You have ever been convicted of a serious, violent, or sexually related criminal offence.
  • You have previously been banned from using our services, or are associated with someone who is banned from using our services.
  • You are directly or indirectly involved in the operation of a company that competes with our services.
  • You are associated with the adult industry.
StarNow reserves the right to refuse or cancel any membership without explanation.

Paid and unpaid work
Whether your posting is for paid or unpaid work, you warrant that your posting and the job or audition advertised are not in breach of any relevant law in force including, but not limited to, the laws relating to the national minimum wage, employment rights and equality/diversity. You agree that it is your responsibility to meet all legal obligations towards those whom your posting is aimed at.

StarNow reserves the right in its absolute discretion not to allow your advertisement to be posted or to remove your advertisement from our site if, in its reasonable opinion, the advertisement is in breach of national minimum wage legislation or any other legislation, including laws relating to employment rights and equality/diversity.

Competitions
Where StarNow is specifically named as an official partner or owner of a competition or promotion such as a giveaway, these terms may be varied or supplemented by terms specific to the particular competition or promotion. Any specific terms will be brought to the applicant's attention when appropriate and prior to submitting an entry.
  • Termination of Competition: StarNow may vary the terms of, or terminate, a Competition at any time at its absolute discretion without liability to any contestant or other person. StarNow will not award the prize if the Competition is terminated.
  • Prizes: The named advertiser with whom StarNow has partnered to run a competition is solely responsible for provision and delivery of any prizes stated. Unless explicitly stated otherwise, StarNow makes no representation or warranty in relation to prizes provided and to the fullest extent permitted by law we shall have no liability to applicants in relation to any prize, its fitness for purposes, merchantability or otherwise.
  • We reserve the right to disqualify entrants from entering our Competitions or prize-winners from receiving their prizes where any such person engages in unsafe, illegal, unsociable or inappropriate behaviour.
  • All prizes must be claimed within twenty-one (21) days of our notification of winning unless otherwise stated. We reserve the right to award prizes unclaimed after these periods to alternative prize winners or not to award them at all.


Liability
You agree that, to the maximum extent permitted by law, any and all liability and responsibility of StarNow to you or any other person under or in connection with these terms and conditions, or in connection with the services, this website, another member's acts or omissions, or your use of or inability to use, the services or this website is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. StarNow's liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.

Indemnity
You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses) losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your use of our services.

Breach
Without limiting any other rights and remedies available to StarNow, we may limit your activities on the website, remove your advertisements, remove your profile and files, issue a warning to you, suspend or terminate your membership, or refuse to provide our services to you if you breach these terms and conditions, our Community Guidelines, or any of our other policies, or where StarNow considers it otherwise appropriate.

Subscriptions - Charges on your billing account
StarNow does not make a charge to an advertiser in the event that it employs an applicant and does not charge a fee or take commission from an applicant who has secured work from the provision of the Service.

The fees payable in respect of the Service, Contact Credits, Noticeboard entries and/or Enhanced Listings shall be those fees as set out on the website from time to time. We reserve the right to vary the fees in accordance with these terms and conditions.
  • Billing agents. If you become a Subscriber, StarNow bills you through an online account (your "Billing Account") for use of the Service. StarNow does this either directly as the merchant, or through one of its billing agents (Interactive Payment Services Limited, PayPal or Apple [the "Billing Agents"]). The services provided by the Billing Agents to StarNow are administrative only and do not affect the contractual relationship between you and StarNow.
  • Payment method. The terms of your payment will be based on your chosen Payment Method and may be determined by your financial institution, credit card issuer or other provider. You authorise StarNow to charge your chosen payment method, and securely store your payment method so that you can continue to receive the Service. If you become aware of fraudulent use of your card or it is lost or stolen, you must notify your Payment Method Provider. Where StarNow (or its Billing Agents) are obliged as a merchant to refund payment, we will do so to meet our merchant obligations. If StarNow (or its Billing Agents) does not receive payment from your Payment Method Provider, or has to refund payment pursuant to its merchant obligations, you agree to pay all amounts due on your Billing Account upon demand. StarNow and its Billing Agents reserve the right to correct any errors or mistakes it makes even if it has already requested or received payment.
  • Recurring billing. Your StarNow subscription will auto-renew and be automatically extended for successive periods of the same duration as the subscription term originally selected, at the originally selected subscription rate. You accept responsibility for all recurring charges prior to your cancellation. To change or cancel your subscription at any time, go to www.StarNow.co.nz/member/Subscription or email contact@starnow.com.
  • Reaffirmation of authorisation. Your non-termination or continued use of the Service reaffirms that StarNow is authorised to charge your Payment Method. This does not waive StarNow's right to seek payment directly from you.
  • Current information required. You must provide current, complete and accurate information for your Billing Account. You must promptly update any information that changes (such as a change in billing address, credit card number, or credit card expiry), and you must promptly notify StarNow if your Payment Method is cancelled (e.g. for loss or theft) or if you become aware of a potential breach of security, such as the unauthorised disclosure or use of your user name or password. Changes to such information can be made by emailing contact@StarNow.com. If you fail to provide StarNow with any of this information, you agree that StarNow may continue charging you for any use of the service under your Billing Account unless you have cancelled your subscription for the service.
  • Billing discrepancies. Unless you notify StarNow of any discrepancies within 60 days after they first appear on your payment statement, they will be deemed accepted by you and you release StarNow from all liabilities and claims of loss resulting from any such error or discrepancy.
  • Cancellation. To cancel, you must give StarNow prior notice that you wish to cancel this payment authorisation or wish to change your payment method. Such notice will not affect payments processed before StarNow reasonably could act. To cancel your authorisation or change your Payment Method, go to www.StarNow.co.nz/member/Subscription or email contact@starnow.com. If you cancel, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires and no further subscription payments will be taken. No partial or prorated refunds will be given for unused portions of your subscription term. Please note that any application for an audition, casting or job that you have applied for will be automatically removed if you cancel your subscription.


Price changes
We reserve the right to increase fees or introduce new prices or charges at any time.

Refunds
You have the right to cancel your Subscription with StarNow and claim a refund of your first subscription payment within the first 30 days of your subscription. Please allow 5-7 days for your refund to be processed back to your original payment method.

Refunds will not be given outside the first 30 day period or for subsequent payments; however you can cancel your subscription at any time to prevent future renewal charges. To cancel your Subscription, go to www.StarNow.co.nz/member/Subscription.

If StarNow removes your membership due to a breach of our terms or policies, no refund will be given.

Any refunds given at our discretion outside of this policy will be subject to an administration fee charged by our billing agent.

Upgrades/downgrades to membership
You may upgrade or downgrade your subscription at any time by going to www.StarNow.co.nz/member/Subscription.

If you decide to downgrade your membership mid-way through a current subscription, this will take effect on your next subscription payment. You may continue to use the benefits of your current membership until your subscription renews at the downgraded rate.

If you decide to upgrade your membership part-way through a current subscription, you will be charged a pro-rata payment for the upgrade based on the remaining amount of time left in your current subscription term. If the upgrade is close to your next subscription payment date (within 14 days of renewal for a 1 month membership, or 30 days of renewal for a 6 month membership), you will be charged the full amount of the upgrade, your upgrade will start immediately, and your upcoming subscription payment date and expiry date will be deferred from this day (by 1 or 6 months, dependent on the length of your subscription term).

Upgrades will only be refunded if you meet the criteria for a refund within the first 30 days of your initial subscription, and the full subscription is being cancelled and refunded.

No partial refunds will be given for unused portions of your subscription term, for membership upgrades or downgrades, or for any other reason.

StarNow Pro
StarNow Pro is a status available on the website and is only available to Subscribers of StarNow who are registered on the site as industry professionals, and whose profiles meet the standards and criteria for StarNow Pro Status.

There is no additional charge for StarNow Pro Status, and we reserve the right to assign or remove StarNow Pro Status at our discretion at any time.

Intellectual property
The StarNow website and any associated microsites created and hosted by StarNow, and all content on the website (including advertisements, data, text, graphics, photographs, logos, videos and the look and feel) and all intellectual property rights in those (including copyright) are owned by StarNow Limited (or our contributors and other licensors). You must not, and must not permit any other person to, copy, modify, adapt, create derivative works of, transmit, distribute, upload to any site, create a link to, exploit or deal with in any way, any part of the StarNow website or its content.

You are not permitted to use or reproduce or allow anyone to use or reproduce the name, trade marks and logos of StarNow for any reason without our express written permission.

You must access the StarNow website via standard web browsers only and not by any other method (such as scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method) except with our express written permission.

Viruses
Although we take reasonable steps to prevent the introduction of viruses or other destructive materials to our website, associated microsites created and hosted by StarNow, or online service, we do not guarantee that the service or materials that may be available from our website do not contain such destructive features. We shall not be liable for any damages or liability attributable to such features. If you use any materials available through this website, you do so solely at your own risk.

Site access
Access to our site and associated microsites created and hosted by StarNow may be interrupted, restricted, or delayed from time to time. We will not be liable for damages or costs in these circumstances.

Prohibitions
You are responsible for ensuring that no material you post, or which is posted through a machine on which you access StarNow, nor any activity or communication you make in connection with any StarNow service, will be capable of:
  • Infringing the intellectual property, right to privacy, or other rights of any person or entity;
  • Breaching any applicable law, whether criminal, tortious or otherwise;
  • Being objectionable, within the meaning of the Films, Videos and Publications Classifications Act 1993;
  • Appearing to be offensive, threatening, harassing, obscene, pornographic, fetish, false, unreliable or misleading; or
  • Being considered spam or unwanted advertising of products or services.
StarNow reserves the right to report to authorities or remove any material from StarNow where we consider it appropriate.

Applicable law and jurisdiction
The StarNow website is operated and controlled from New Zealand. These terms and conditions and any agreements with StarNow arising from our website are governed by New Zealand law. Any dispute arising in relation to these terms and conditions and any agreement arising from our website will be heard in New Zealand and resolved in accordance with New Zealand law.

Inaccurate information
All information provided to us must be complete and accurate information. If your information changes you will be responsible for providing us with the updated information. We shall not be held liable for any loss, damage or consequences as a result of inaccurate or incomplete information we receive from you.

Password and sign-in security
You are responsible for any use of our online service with your password and protecting your password from unauthorised use. You are also responsible for the security of any computer where you choose to remain signed in to StarNow.

Links
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because StarNow has no control over such sites and resources, you acknowledge and agree that StarNow is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that StarNow shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Content, goods or services available on or through any such site or resource.

Member contact
You agree that when you make your profile public or include your photo in the Talent Directory that StarNow will publish your personal information and photos, and allow other members to contact you. You also agree that you will not use the contact system to send junk mail, spam, offensive messages, or for any purposes other than those directly related to auditions or casting calls. StarNow will be the sole judge of any breach of the conditions of use. Any breach of these conditions can result in your membership being terminated and a permanent ban from the site. No refund will be given if you have breached the conditions of use.

Sharing your content and information
Any information submitted by you through the site may be read and used by StarNow and utilised for marketing purposes indefinitely. Your material may appear in Google and other search engines. StarNow can reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display your information (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also warrant that any moral rights in your information have been waived.

Community Guidelines
Please review our StarNow Community Guidelines.

Privacy
Please review our Privacy Policy.


Company information

StarNow Limited
New Zealand company number 1584653
PO Box 6372
Wellington 6141
New Zealand