Help>Terms and Conditions

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.ca site and services are owned and operated by StarNow Limited (registered in New Zealand under company number 1584653), trading as StarNow.ca. By using the StarNow.ca website you agree to be bound by these Terms of Use, whether or not you register as a member of StarNow.ca. If you wish to become a Member and make use of the StarNow.ca service (the "Service"), please read these Terms of Use. If you object to anything in this Agreement or the StarNow.ca 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 web site. 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.ca 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 applicants seeking casting calls within the entertainment industry may choose to apply to such advertisements, at which point StarNow.ca will forward the applicant's details to the advertiser or display further application instructions.
  • 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.ca.
  • By making your profile public, you acknowledge that any internet user visiting StarNow.ca may view your profile, including photos and showreels. Making your profile public will also make your profile accessible from search engines such as Google.
  • StarNow.ca 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.ca 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.ca 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 (registered in New Zealand under company number 1584653).
  • StarNow.ca 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.ca and StarNow.ca is not connected to the advertisers or applicants save in respect of these terms and conditions.


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 from time to time 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.ca reserves the right in its absolute discretion not to allow your advertisement to be posted on StarNow.ca 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 relating to employment rights and equality/diversity.


Liability
You agree that, to the maximum extent permitted by law, any and all liability and responsibility of StarNow.ca to you or any other person under or in connection with these terms and conditions, or in connection with the services, this web site, another member's acts or omissions, or your use of or inability to use, the services or this web site is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. StarNow.ca'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.ca, we may limit your activities on the web site, 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 or where StarNow.ca considers it appropriate.

Membership restrictions
You may not use our services if:
  • You have ever been convicted of a 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.
StarNow reserves the right to refuse or cancel any membership without explanation.

Responsibility for minors
This site is intended for persons aged 18 or over. You acknowledge that some parts of the StarNow.ca site may contain material that is inappropriate for minors. Minors who access this site are required to be supervised by a parent or guardian. Minors are not permitted to upload images of an adult nature.

Subscriptions; Charges on Your Billing Account
  • StarNow.ca 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.
  • General. The fees payable in respect of the Service 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.
  • StarNow.ca bills you through an online account (your "Billing Account") for use of the Service. StarNow.ca does this through its local billing agent, Interactive Payment Services Limited (Company No. 06687807) (the “Billing Agent”). You agree to pay StarNow.ca (through its Billing Agent) all charges at the prices then in effect for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorise StarNow.ca to charge your chosen payment provider (your "Payment Method") for the Service. You agree to make payment using that selected Payment Method. StarNow.ca and its Billing Agent reserve the right to correct any errors or mistakes that they make even if they have already requested or received payment.
  • Recurring Billing. Most subscription plans to the Service consist of an initial period, for which there is a one time charge, followed by recurring period charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. StarNow.ca (through its Billing Agent) may submit periodic charges (e.g. monthly) without further authorisation from you, until you provide prior notice (confirmed in writing upon request by StarNow.ca) that you have terminated this authorisation or wish to change your Payment Method. Such notice will not affect charges submitted before StarNow.ca reasonably could act. To terminate your authorisation or change your Payment Method email contact@StarNow.ca
  • Current Information Required. You must provide current, complete and accurate information for your Billing Account. You must promptly update all information to keep your Billing Account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify StarNow.ca 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.ca. If you fail to provide StarNow.ca with any of the foregoing information, you agree that StarNow.ca (through its Billing Agent) may continue charging you for any use of the service under your Billing Account unless you have terminated your subscription for the service (confirmed by you in writing upon request by StarNow.ca).
  • Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the "Payment Method Provider"). You authorise your Payment Method Provider to pay all charges owed by you to the Billing Agent. If you become aware of fraudulent use of your card or it is lost or stolen, you must notify the Payment Method Provider in accordance with its reporting rules. Where StarNow.ca (or its Billing Agent) are obliged as a merchant to refund monies, we agree to refund any such monies, to enable us to meet our merchant obligations. If StarNow.ca (or its Billing Agent) 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 to the Billing Agent.
  • Change in Amount Authorised. You agree that StarNow.ca or its Billing Agent may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
  • Auto-renewal. Your StarNow.ca subscription will be automatically extended for successive renewal periods of the same (or, at our discretion, shorter) duration as the subscription term originally selected, at the then-current non-promotional subscription rate. To change or resign your subscription at any time, email contact@StarNow.ca. If you resign, 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. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
  • Reaffirmation of Authorisation. Your non-termination or continued use of the Service reaffirms that StarNow.ca (through its Billing Agent) is authorised to charge your Payment Method. StarNow.ca (through its Billing Agent) may submit those charges for payment and you will be responsible for such charges. This does not waive StarNow.ca's right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Service.
  • Billing Agent. The administration of payments and collection of those payments is conducted by the Billing Agent on behalf of StarNow.ca. You accept that the Billing Agent collect the charges payable by you. The services provided by the Billing Agent (to StarNow.ca) are administrative and does not affect the contractual relationship between you and StarNow.ca.


StarNow Pro
StarNow Pro is the top tier of membership on the website and is only available to Full (paying) members of StarNow who are registered on the site as industry professionals, and whose profiles meet the standards and criteria for StarNow Pro Membership.

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

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 Full Membership with StarNow.ca and claim a refund within 7 days of your first subscription payment. Please note that any audition, casting or job that you have applied for will be automatically cancelled.

You also have the right to cancel your Full Membership with StarNow.ca and claim a refund within 7 days of your second (first re-occurring) subscription payment to the Billing Agent, provided you have not used any of the following features of the site within those 7 days of your second subscription payment:
  1. Applied for any roles listed on StarNow.ca and/or,
  2. Received messages from StarNow.ca members or made any contact with StarNow.ca members via the StarNow.ca messaging system.
An administration fee is charged for processing refunds. Please allow 5-7 days for your refund to be processed.

To cancel your Full Membership at any time, go to www.StarNow.ca/help/subscription.aspx.

Intellectual Property
Materials contained on this website are protected under copyright and other laws of New Zealand and under international conventions and similar laws abroad. You are not permitted to use or reproduce or allow anyone to use or reproduce the name and logo of StarNow.ca for any reason without our express written permission.

Viruses
Although we take reasonable steps to prevent the introduction of viruses or other destructive materials to our website or on-line 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 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.ca, nor any activity or communication you make in connection with any StarNow.ca 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.


Applicable Law and Jurisdiction
The StarNow.ca website is operated and controlled from New Zealand. These terms and conditions and any agreements with StarNow.ca 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.

StarNow.ca On-Line Restriction – Further Terms and Conditions
As part of our website you can register on line and sign up to apply for the various roles advertised. When you register to use the service, there are further terms and conditions that are set out below.

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 on-line 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.ca.

Links
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because StarNow.ca has no control over such sites and resources, you acknowledge and agree that StarNow.ca 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.ca 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.ca 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.ca 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.

Privacy
StarNow Limited (registered in New Zealand under company number 1584653) collects personal information about you through your use of the services and the web site, including your registration details; and information relating to your use of the web site, the content you access, and any messages you send. You agree that StarNow.ca may use this personal information to assist us to provide the services to you, for internal research purposes, to verify your identity, for promoting and marketing other StarNow.ca products and services to you, and for any other use that you authorise. You agree that StarNow.ca may use your images, profile text and/or media files for the promotion of the website. You also agree when you choose to make your profile public or include your photo in the Talent Directory that StarNow.ca will publish your personal information and photos, and allow other members to contact you. You have the ability to access and correct your personal information at any time.

We will not sell your personal information without your consent, however you agree that StarNow.ca may disclose your personal information, including your name and contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) where the law requires us to do so. Please review our privacy policy.

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