StarNow Terms of Use Agreement

The following are the terms on which we offer you access to our website ("Website"), iPhone mobile application ("App") and our services ("Services"), collectively referred to as "StarNow". The StarNow Website, App and Services are owned and operated by StarNow NZ LP (registered in New Zealand under entity number 50055520), trading as StarNow. By using StarNow you agree to be bound by these Terms of Use, the StarNow Privacy Policy, whether or not you register as a Member of StarNow. If you wish to become a Member and make use of StarNow, please read these Terms of Use, Privacy Policy, Cookie Policy and Community Guidelines. If you object to anything in these Terms of Use, Privacy Policy, Cookie Policy, or the Community Guidelines, or do not provide the required consents to the Terms of Use and Privacy Policy, do not use StarNow.

Changes to the terms and conditions

These terms and conditions ("Terms of Use") may be changed by us from time to time. Changes will be effective immediately upon posting of the updated terms and conditions on the Website (or, if applicable, on the date specified in the updated Terms of Use). You are responsible for ensuring you are familiar with the latest Terms of Use. Continuing to use StarNow represents your agreement to be bound by the Terms of Use as amended.

The terms of StarNow's Privacy Policy as updated from time to time ("Privacy Policy") shall apply to all personal information that you provide to StarNow or authorise us to collect in connection with the Website, App and Services.

These Terms of Use (as amended from time to time) shall together with any other document specifically referred to herein (including the Privacy Policy) form the entire agreement between us.

We recommend that you keep a copy of these Terms of Use, Privacy Policy, Cookie Policy and the StarNow Community Guidelines for your own reference.

Our Services

• StarNow is an online marketplace where Talent and Casting Professionals connect directly about jobs and auditions in the entertainment industry. StarNow is not an agency and does not represent talent or advertisers.
• 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 the applicant's details will be forwarded to the advertiser or display further application instructions. This Service (or a more limited version of it) may also be accessed through the StarNow App.
• Users of StarNow ("Members") may include information on their profiles (such as names, ages and photos) of their close contacts (for example, family members) who are interested in taking part in auditions and jobs made available by advertisers and talent and casting professionals. This close contact information will appear in the "my family bubble or household" section of your profile. Close contacts may or may not have their own StarNow profile and membership.
• 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.
• Members who choose to subscribe to Membership of StarNow will appear in the Talent Directory, can contact and receive contact from other members of StarNow, and access further features and tools .
• By default, a Member's profile is public, and any internet user visiting StarNow may view that member's profile, including photos and showreels. Profiles are also accessible from search engines such as Google.
• Members may also purchase Credits on the Website. These Credits allow Members to contact other Members.
• 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 StarNow. We provide StarNow only for the purposes of providing listings for casting, auditions, and at our discretion, general jobs, with third party Advertisers. Whether these roles are listed by the Advertiser or listed by a StarNow representative on behalf of the Advertiser, we shall not be liable under any circumstances for the actions of any Advertiser of any role or other job featured on StarNow.
• StarNow is not responsible for the content, and makes no warranty as to the accuracy of Members' personal information or the personal information of any close contact made available by a Member. 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 or any close contact of a Member.
• By submitting a listing for placement on StarNow you consent to the use of your name, website, email, logo and listing information in marketing and promotional activities conducted by StarNow.
• StarNow Services are limited to providing advertisers with access to information about applicants seeking work in the entertainment business and to providing access to 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 of Use.
• You acknowledge that the decision to offer you or your close contacts 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 StarNow.
• It is your responsibility to ensure that any audition or job offered by employers is acceptable to you or your close contacts. StarNow is unable to provide advice relating to the nature, duration, terms, or payment for any job.
• Members acknowledge that no term of these Terms of Use, nor any other matter arising out of the Member's use of StarNow, shall be taken to create or establish a relationship of employment, principal and agent, joint venture, legal partnership or other legal relationship except that of user and provider of services.

Responsibility for minors

StarNow is intended for persons aged 18 or over. Legal guardians may register and operate a profile for a minor. By registering and operating a profile on behalf of a minor, you acknowledge that some parts of StarNow may contain material that is inappropriate for minors, and you agree to supervise all activity that occurs on the minor's profile.

Currently and without limit, individuals who are under 18 may not operate their own registered profile on StarNow.

If you register on behalf of a minor, you must still comply, and must ensure the minor complies, with these Terms of Use and provide the required consents in relation to these Terms of Use and Privacy Policy (on behalf of the minor). Any breach of these Terms of Use 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 StarNow.

Membership restrictions

You may not use StarNow 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 an entity 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 Website and the App 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 of Use 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 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 of Use, the StarNow Community Guidelines, the Privacy Policy, the Cookie Policy, or in connection with the Services, this Website, the App, another member's acts or omissions, or your use of or inability to use the Services, the Website and/or the App is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise; however in Australia and New Zealand, you may have rights by law that arise under or in connection with these terms and these terms are subject to those rights. To the maximum extent permitted by law, 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; however in Australia and New Zealand, you may have rights by law that arise under or in connection with these terms and these terms are subject to those rights.

If you are based in Australia, nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law, Schedule 2 to the Competition and Consumer Act 2010 (Cth) or any other applicable law that cannot be excluded, restricted or modified by agreement.

To the fullest extent permitted by law, if you are based in Australia StarNow's liability for a breach of a non-excludable guarantee referred to in the paragraph above is limited to:

1. in the case of goods supplied or offered by StarNow any one or more of the following:
   1. the replacement of the goods or the supply of equivalent goods;
   2. the repair of the goods;
   3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
   4. the payment of the cost of having the goods repaired; or
2. in the case of services supplied or offered by StarNow:
   1. the supplying of the services again; or
   2. the payment of the cost of having the services supplied again.

If you are based in New Zealand, nothing in these terms will affect or exclude, restrict or modify any consumer guarantee, right or remedy conferred on you by the Consumer Guarantees Act 1993 or the Fair Trading Act 1986.

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, the Website or the App or your breach of any term of your agreement with us.

Breach

Without limiting any other rights and remedies available to StarNow, we may limit your activities on the Website and the App, 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 of Use, our Community Guidelines, Privacy Policy, or any of our other policies, or where StarNow considers it otherwise appropriate. You agree that if you are removed from StarNow for breaching these terms, or where StarNow considers it appropriate, we may notify or contact other members or persons with whom you've had contact through our service to advise them that your membership has been removed.

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 of Use.

• Billing agents. If you choose to make a payment to StarNow, StarNow bills you through an online account (your "Billing Account") for use of the Website, App and Service. StarNow does this either directly as the merchant, or through one of its billing agents (Worldpay, 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. For the purposes of privacy and the GDPR, Worldpay, IPS, and other billing agents may be considered a Data Controller wherever personal transactional data is processed.
• 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 and use the Website and App. 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 your accounts page 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 StarNow under your Billing Account unless you have cancelled your subscription for StarNow.
• 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 your accounts page 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.

Price changes

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

Refunds

For subscription terms over one month, you have the right to cancel your subscription with StarNow and claim a refund of your  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.

If StarNow removes your membership due to a breach of your agreement with StarNow, no refund will be given.

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

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Intellectual property

The Website, the App and any associated microsites created and hosted by StarNow, and all content on the Website and the App (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 NZ LP (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 Website, the App or their 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 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, App, associated microsites, or online service, we do not guarantee that the Service or materials that may be available from StarNow do not contain such destructive features. We shall not be liable for any damages or liability attributable to such features. Subject to the liability section of these terms of use, if you use any materials available through StarNow, you do so solely at your own risk.

Site access

Access to StarNow may be interrupted, restricted, or delayed from time to time. Subject to the liability section of these terms of use, we will not be liable for damages or costs in these circumstances.

Prohibitions

You are responsible for ensuring that no material you post or otherwise include in (or link to) your profile, 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 the Website and/or the App where we consider it appropriate.

Applicable law and jurisdiction

StarNow is operated from New Zealand. Your agreement with StarNow (including these Terms of Use, Privacy Policy, Cookie Policy, and Community Guidelines) and any other agreements with StarNow arising from our Website or the App are governed by New Zealand law. Any dispute arising in relation to your agreement with StarNow, and any agreement arising from our Website or the App 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 any information you provide to us (including any personal information regarding any close contact) 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 StarNow 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. We may treat any access or use of the Website or App at any time by the use of your password as access or use of the Website or App by you.

Links

StarNow 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.

StarNow iPhone App

This section only applies if you use the App to access the Services.

For the purposes of this section:

"Apple" means Apple Inc and other companies within its group.

"Apple Store" means the store/platform operated by Apple making the App available to iOS devices.

Where you have downloaded the App from the Apple Store, you acknowledge and agree that:

• your rights to install and use the App are subject to these Terms of Use and the relevant terms in the Apple Store terms of service;
• Apple is not responsible for the App in any way, including for any maintenance or support of the App;
• to the maximum extent permitted by law, Apple has no warranty obligations with respect to the App;
• StarNow (and not Apple) is responsible for addressing any claims by you or a third party in connection with the App (including any claims by a third party that the App breaches that persons intellectual property rights); and
• although these Terms of Use are entered into between you and StarNow, Apple, as a third party beneficiary under these Terms of Use, will have the right to enforce these Terms of Use against you.

You represent and warrant (including for the benefit of Apple) that you are not, and will not, be located in any country that is the subject of a US Government embargo or that has been designated by the US Government as a "terrorist supporting" country and that you are not listed on any US Government list of prohibited or restricted parties.

Member contact

When you create a profile and make it public, you understand that StarNow will publish your information and photos, and allow other StarNow members to contact you.

You 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 StarNow. No refund will be given if you have breached the conditions of use.

Sharing content and information

Any material submitted by you through the Website and/or the App may be read and used by StarNow and utilised for marketing purposes indefinitely, subject to the terms of the Privacy Policy to the extent such material is personal information. 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.

If you wish to add details of close contacts to your profile (such as their names, ages and/or photos) you must first obtain express consent from those close contacts for StarNow to lawfully process those details through the Website, the App and the Services in the manner anticipated by these Terms of Use and the Privacy Policy (including making such personal information available to advertisers).

Privacy

Please review our Privacy Policy.

Contact information

contact@starnow.com

StarNow NZ LP
PO Box 6372, Marion Square
Wellington, 6141
New Zealand