Terms and Conditions
BY USING OUR WEBSITE AND/OR SERVICES, YOU ACCEPT THESE TERMS AND AGREE TO COMPLY WITH THEM
• PART A – TERMS APPLICABLE TO ALL USERS
• PART B – ADDITIONAL TERMS APPLICABLE TO SPECIFIC USERS
These are the terms of service which apply to your use of CHILDSTAR’s website and services.
“You” means the user of the website, “We/us” means CHILDSTAR, “website” or “site” means the site located at www.ChildStar.ie on the internet, “services” means the provision of information and materials, and tools to enable you to share information and materials, network and communicate with us and other users. The term "content" is used in these terms to refer to such information, materials and tools.
The terms apply between you, the user of our Website and services, and CHILDSTAR.
If you use any Site or Service as an employee or representative of another legal entity, you accept these terms on behalf of yourself and the legal entity, and confirm that you have authority to do so.
PART A contains terms which apply to all users of our website and services.
PART B contains specific additional terms which apply to you if you are:
• TALENT (actors, models, performers, etc)
• CASTING (casting professionals, production comapnies, ad agencies, etc)
• AGENT (acting & modelling agencies, performing arts schools, etc)
• an ADVERTISER of services or products
PART A – TERMS APPLICABLE TO ALL USERS
2.1. Types of users and access rights:
Public:Some information on the website can be viewed by all visitors to the website, without registration.
Talent: Talent (such as actors, models, voice-over, musicians, singers, dancers, performers, presenters, movie-extras) may register an account and set up a profile which will be included in the talent directory.
Casting:Casting professionals may apply for membership in order to access our talent directory for casting purposes. Casting users have full access to the talent directory.
Agent (school account):Agencies and performing arts schools may apply for membership in order to promote their agency / school and the clients that they represent in the Child Star talent directory. These users will have the ability to communicate with their clients and edit content on their behalf.
Agent (recruitment account): Verified agent users that meet certain criteria will have the ability to access profiles for talent users who have specified that they are ‘seeking representation’ for the purpose of recruiting new clients.
We aim to process applications from casting and agent users within two working days of receipt, but we do not guarantee access to the website within any particular timescale. For talent users, any subscription period will commence when payment is received by us, or, for any free subscription period, when we grant you access to the relevant service. We retain the right to refuse access to or use of our website or services to any person for any reason at our reasonable discretion.
You must meet certain criteria in order to register with CHILDSTAR.
Accounts for users who are aged under the age of 18 must be managed by a parent or guardian.
We enforce strict security measures before granting access to casting and agent users. To ensure quality of service for our members, we may refuse membership to applicants whom we consider to lack the relevant credentials or professional experience.
In addition to the above, you are not eligible to register with CHILDSTAR if either of the following sub-clauses applies to you:
2.2.1 You have ever been convicted of a serious or violent or sexually related criminal offence or have committed an offence which could result in bringing CHILDSTAR or the companies that use our services directly or indirectly into disrepute.
2.2.2 You are employed or own a business that competes with our services either directly or indirectly.
If during your membership, either of the above sub-clauses (2.2.1 or 2.2.2) becomes applicable to you, you must notify CHILDSTAR immediately in writing stating the details of which clause(s) applies to you; and your contact details. CHILDSTAR reserves the right to terminate your membership and will not enter into discussion as to why membership is terminated.
3.1. Access to the Website and services
You are responsible for making all arrangements and payments necessary for you to have access to our Website and services, including internet connections, computer equipment and software. We are not responsible for:
• the availability of the internet or any communications network; nor
• any malfunctions, errors or other damage in or to connections, equipment or software that may occur in relation to your use of the website and it’s services.
You should keep your passwords confidential; any use of the website and services using your login details, including email address and password (other than by our site administrators) will be your responsibility.
3.2. Intended use of website and services
Our Services and content are provided for your information and convenience, and are not intended to be relied upon by you in taking any action or refraining from taking any action. Whilst we seek to ensure all users agree to these terms, we do not routinely check all content provided by users and third parties and cannot guarantee their accuracy or lawfulness.
• you should not rely on any content or Service being available, accurate or complete;
• you should not rely on our Services for storage or maintenance of your content or for important, sensitive or time-critical communications (eg using our messaging service); and
• inclusion of information, advertisements or other content relating to other users or third party services or products does not constitute any recommendation or endorsement by us of the relevant user, services or products.
You may wish to take your own steps to confirm information, back-up your content and ensure that communications reach their intended recipient promptly and securely.
• any communications, contracts or other arrangements between you and other users or third parties are your responsibility. Whilst our Services may facilitate such dealings, we are not responsible for them. This includes any arrangements for auditions, roles, jobs, payment and delivery of services;
• our website may contain links to websites provided by third parties. We do not control and are not responsible for the availability, accuracy or content of third party websites; and
• we may transmit information about our Website and servicesusing third party services such as Twitter or Facebook. We are not responsible for the availability of any third party services.
You agree not to hold us liable for any loss or damage incurred as a result of:
• reliance on any content from or about other users or third parties, or about opportunities or services provided by them; nor
• any communications, contracts or dealings (or lack thereof) with other users or third parties.
3.3. Reporting unlawful content
You may report to us if any content or communication appears unlawful, inaccurate or otherwise inappropriate, or if you have a negative experience with any other user or third party in relation to our website or services. We may, at our absolute discretion, investigate the matter and take such steps as we consider appropriate in the circumstances.
3.4. Intellectual property and your use of content
The contents of our website and services (including information, trade marks, directories, text, images, videos, sounds and underlying software) are protected by intellectual property rights of us and our licensors. We grant you a non-exclusive and revocable licence to view and use such content for the purpose of enjoying the benefit of the Services.
You may not copy, modify, distribute or commercially exploit any content (other than content provided by you) in any form or in any media, except that you may retrieve and display content on your computer and print and/or store one copy of individual pages for your internal, personal use.
4.1. Accuracy and lawfulness
The quality of the Services provided to you and other users depends on you providing accurate, complete and lawful content. You acknowledge and agree that you:
• have provided and will provide accurate and complete content in your registration and profile(s) (and otherwise using our website or services) and will keep your content updated as appropriate; and
• have obtained and will obtain all rights, licences and approvals required in any country for the use (by you, us and our other users) of any content you provide in relation to the webwebsite and the services.
4.2. Intellectual property and our use of content
You agree that we may use the content which you provide, and, where relevant, trade marks relating to your trade or business, for the purposes of operating and maintaining the website and the services. You acknowledge that your content may be published and made available to other users of our website and services, and modified to make it suitable for our website. We may also use your content for the purposes set out in clause 8 below.
You grant and agree to grant us a perpetual and irrevocable worldwide licence to use your content for these purposes (including the right to sub-license to our service providers, and to other users in accordance with clause 3.4 above).
You grant CHILDSTAR permission to use any photograph that has been uploaded by you on the Child Star website, social media sites, internet or on any literature, brochures and any other material of a marketing or sales nature, which CHILDSTAR may commission or use from time to time. No photographs other than personal photographs clearly displaying the artists face will be permitted on the website. Photographs of poor quality, photographs which are deemed offensive, violent or obscene will not be accepted. CHILDSTAR reserves the right to reject or remove any photograph that does not comply with these Terms or where we judge the photograph not to be of a good standard.
Whilst we seek to ensure all users agree to these terms, we are not responsible for the use or misuse of your content by other users or third parties and you agree not to hold us liable for any loss or damage incurred as a result of such use or misuse.
5.1. Restrictions on commercial use
You must use the website and the services only for purposes consistent with your registration, profile(s) and subscriptions. Unless you register with us as a service provider or subscribe for our advertising service (and pay the applicable fees), you may not use the website or any service (including any email or communication service) to advertise, solicit or promote any products or services.
We may charge you a fee of €150 for each act in breach of your obligations under this clause 5.1, representing our advertising fee, wasted time and loss of custom/reputation arising as a result of your breach.
5.2. Prohibition on unlawful use of content
You may not make any unlawful or unauthorised use of any content, including:
• distributing to third parties any audition or casting information obtained on our website.
• without prejudice to clause 3.4 above, unauthorised copying or use of content protected by intellectual property rights;
• unauthorised distribution or disclosure of confidential, personal or sensitive information (including user profiles);
• use of any content (other than content provided by you) in any manner which may compete with our business; and
• other unauthorised reproduction or use of content for commercial purposes.
5.3. Prohibition on providing unlawful content
You may not upload, provide or transmit any unlawful, unauthorised or offensive content, including:
• content which is discriminatory, defamatory, derogatory, indecent, obscene or abusive;
• unauthorised marketing materials or communications;
• content containing personal political or religious views;
• content whose publication or use on the website or in relation to the services would be in breach of copyright or other intellectual property rights, data protection or confidentiality obligations or any rights of privacy; and
• inaccurate content about yourself or another party.
5.4. Prohibition on other unlawful acts
In using our website and services, you must comply with all applicable laws. You may not make any unlawful or unauthorised use of our or our service providers’ computers, networks, communications systems, or other equipment or software,including:
• attempting to gain unauthorised access;
• introducing or attempting to introduce any computer virus or other malware or cause any "denial of service" attack;
• modifying, reverse engineering or decompiling any part of the underlying software for the website;
• stalking, harassing or threatening any person;
• sending unlawful, unauthorised or offensive communications (including spam, identical bulk emails, unauthorised marketing communications or any content in breach of clause 4 above);
• contacting other users for reasons unrelated to or inappropriate for the website or service;
• otherwise restricting or inhibiting any other user from using and enjoying the website or service; and
• misrepresenting yourself or another party or the activities of you or another party, or committing or assisting others to commit any criminal or fraudulent act.
• include links to our website on your website or other materials; and/or
• include links to your website within your profile(s) on our website,
provided you do so in a way that is fair and lawful and does not damage our reputation or take unfair advantage of it. You must not establish a link in such a way as to suggest any form of association, recommendation or endorsement by us where none exists.
You may be required to pay charges in order to receive certain types of membership. Details of applicable charges are on the website relating to the relevant services.
We take all reasonable precautions to the keep customer website transactions secure. Secure card processing is carried out by PayPal on our behalf (www.paypal.com).
You are responsible for all charges associated with your use of services using your login details (including username and password).
Any membership period will commence when payment is received by us (or, for any free membership period, when we grant you access to the relevant service).
We may monitor, access, use and disclose details of your use of the website and services (including your content) for the purposes of checking compliance with these terms, quality control, site administration and maintenance, risk assessments and investigations, compliance with legal obligations, or protection and enforcement of our legal rights and those of our users.
If you breach or we reasonably suspect that you are in breach of any of your obligations under these terms, we may immediately and without notice suspend your access to and use of the website and services, or any part of the website and services or content and/or remove any of your content. We may also terminate your access to the website and services in accordance with clause 10 below. You will not be entitled to any compensation for any period of suspension other than in accordance with our refunds policy.
You agree to indemnify us and our representatives against all claims, loss or damage that we or they may incur as a result of a breach by you of your obligations under these terms, including any claims, losses or damage arising from inaccurate or unlawful content which you upload, provide or transmit.
10.1. Your and our rights to terminate
You may terminate your use of our website and services and request removal of your profile(s) at any time. We may withdraw any service or terminate your access to and use of our website and services at any time and for any reason at our reasonable discretion. If you are a registered user and/or subscriber to our website, and unless such termination is due to your material or persistent breach of these terms, we will use reasonable endeavours to give notice to you of any such termination.
10.2. Consequences of termination
If you have made advance payments to us for any service relating to any period after the date of termination, you will not be entitled to a refund or any other compensation for any such termination.
Following termination of your access to or use of our website and services for any reason, we may remove your profile(s) from the website (if not already removed) and disable your login details, including username(s) and passwords. We may however retain your profile and other personal details on our internal systems for record keeping purposes.
All provisions of these terms which by their nature are intended to continue shall survive termination, including terms relating to exclusions and limitations of liability, intellectual property and on-going use of your content.
Termination of your access to the website or services or of these terms shall not affect accrued rights and liabilities of you or us up to the date of termination.
We may, at any time and at our absolute discretion, make temporary or permanent changes, additions or deletions (together, "changes") to or from:
• the website and the services (including to your or other content); and/or
• these terms.
We shall use reasonable endeavours to notify our registered users and subscribers of material changes. It is also your responsibility to refer to these terms on a regular basis.
By continuing to use the website and/or the services after such changes, you agree to such changes. If you are not happy with any changes, you may terminate your use of the Website and services in accordance with clause 10.
The website and the services (and any content) may also be unavailable for occasional periods for repair, maintenance or upgrading, or interruptions in the network or communications services provided to us. You agree not to hold us liable for any loss or damage caused by such occasional periods of unavailability.
12.1. Liability for fraud, death and personal injury
Nothing in these terms shall exclude or limit our liability for fraud, or for death or personal injury caused by negligence or other liability which cannot lawfully be excluded.
12.2. Limitations on our liability
The provisions of this clause 12.2 are subject to clause 12.1 and shall have effect in addition to the other limitations of liability on specific issues set out in these terms.
Except as set out in these terms, all conditions, warranties and representations applicable to the provision of the website and the services implied by statute or common law are excluded to the maximum extent permitted by law.
Neither we nor our representatives shall be liable to you for:
• (a) any direct loss or damage; nor
• (b) any consequential or indirect loss or damage,
arising in relation to the use or inability to use our website or our services (including any content), including any loss of business, job, job opportunity, customers, revenue, profit, contracts, data, software or reputation, or wasted time, whether caused by tort (including negligence), breach of contract or otherwise, and even if foreseeable.
Without prejudice to the other limitations of liability in these terms (including this clause 12), our total liability to you arising in relation to your use of the website and/or the services in any 12 month period shall be limited to amounts paid by you for the relevant service during that period.
These terms are governed by the laws of Ireland, and the courts of Ireland shall have exclusive jurisdiction to hear any disputes arising from them.
We shall not be responsible for any failure or delay in performance of the services or any of our obligations under these terms due to a cause beyond our reasonable control.
The headings in these terms are for ease of reference only.
Unless the context requires otherwise, in these terms and our privacy notice, the term "including" shall be interpreted to mean "including but not limited to".
The provision of the services shall not create any relationship of agent and principal between you and us and neither you nor we have any authority or power to bind or to contract in the name of the other party.
No provision of these terms is intended to be enforceable by any person other than you or us.
Failure by us or you to exercise any right or remedy under these terms does not constitute a waiver of that right or remedy.
You may not transfer, assign or sub-contract your rights or obligations under these terms to any third party without our prior written consent.
We may, without your consent:
• sub-contract any of our obligations under this agreement to any third party; and
• upon notice to you (if you are a registered user or subscriber) or without notice to you (if you are a visitor), transfer or assign all or any of our rights and/or obligations under these terms to any third party.
If any provision of these terms is found by any court or legal authority to be invalid, unenforceable or illegal, the other provisions shall remain in force and, to the extent possible, the provision shall be modified to ensure it is valid, enforceable and legal, whilst maintaining or giving effect to its commercial intention.
These terms, including any additional provisions incorporated by reference, constitute the entire agreement between you and us with respect to your access to and use of the Website and services and supersede all prior agreements, negotiations and discussions between you and us relating to the subject matter.
PART B – ADDITIONAL TERMS APPLICABLE TO SPECIFIC USERS
14.1. No guarantee of work
Without prejudice to clause 3.2, you acknowledge that the decision to offer you work or appointments rest with the casting users and other employers and the availability of such jobs is affected by the state of the industry as a whole. We cannot guarantee you work nor that employers who view your profile will call you for an audition or interview.
It is your responsibility to ensure that any job or appointment offered by employers is acceptable to you. We are unable to verify or provide any assurance relating to the nature or duration of, or payment for any such job or appointment.
If you use the website or services as an agent for talent users, it is your duty to inform such users of the scope of the services, and the relevant requirements and restrictions as set out in these terms.
All Talent and Agent users who receive casting breakdowns, messages and invitations from casting users must agree to the following terms and conditions:
1. The information in casting messages sent by casting professionals using CHILDSTAR is the confidential property and copyright of the sender (or of his/her employer). In using CHILDSTAR, you agree not to forward or copy these messages to anyone else and that you will only use them, and the information set out in them, for the purposes of suggesting clients (as an agent) or yourself (as a performer) for the relevant casting opportunity by using the messaging system provided to respond to the relevant casting professional.
2. For data protection reasons, you need to satisfy yourself as an agent that the clients whose details you send using the system consent to this. You also consent to your own details being made available via CHILDSTAR to casting professionals, for them to use to contact you in regarding their casting requirements.
3. All communication regarding members under the age of 18 must be made to the parent or guardian who manages the account. We enforce strcit security measures before activating accounts for casting users, but as CHILDSTAR is a fully automated directory, these messages will not be monitored before they are sent. Therefore, it is ultimately the responsibility of a parent or guardian to determine the veracity of any communication and ensure the safety of children while they are on-set, attending a casting, shoot or any meeting arising from communication sent via the website.
4. Any breach of the Conditions of Use could cause inconvenience and loss to the sender, and loss to CHILDSTAR. CHILDSTAR reserves the right to terminate your access to it’s services without notice in the event of a breach. It also reserves the right to withdraw or withhold service for individual agents, performers, casting users or generally, where it considers this to be commercially desirable or for any other reason it deems appropriate. To ensure quality of service for our members, we may withhold access to services from users whom we consider to lack the relevant credentials or professional experience.
5. These Conditions of Use are governed by Irish law and the courts of Ireland have exclusive jurisdiction over matters arising out of them.
15.1 Vetting of Applications
We enforce strict security measures before granting access to casting and agent users. On submission of the your application for membership, you grant permission to investigate and verify that the details supplied are accurate. CHILDSTAR may use information from third parties to establish the accuracy of the information. To ensure quality of service for our members, we may refuse membership to applicants whom we consider to lack the relevant credentials or professional experience. If an application for membership is denied, CHILDSTAR will not enter into any communication as to why an application has been denied.
15.2 Account Access
Access to the casting and agent user accounts is only available to authorised users. You agree not to disclose the login details (username and password) to any third party.
You grant CHILDSTAR the permission to advertise, promote or mention your involvement or the involvement of your business with CHILDSTAR. Such usage may include, but is not limited, to advertising on the website, leaflets, posters and other promotional material. CHILDSTAR may cite casting and agent users as being a registered user of the database and may use the user’s logo or the business name on the website, or any other place deemed suitable.
15.4. Contacting CHILDSTAR members
CHILDSTAR offers a communication service for its members which is for professional casting / agent messages only. No other messages or information is permitted.
CHILDSTAR has a duty of care to its members and reserves the right to terminate accounts for any users who send material which we deem inappropriate or offensive.
Agent users will be sent a copy of all communication between casting users and their clients. Casting users are permitted to contact agency represented members for the purpose of arranging casting appointments and/or to check their availability. Any other form of contact is strictly forbidden. All offers of work, contracts, payments and negotiations must be communicated directly to their agent. If a casting user is found to be in breach of this rule, their account will be terminated immediately and they will be banned from further use of our services.
Verified agent users with a recruitment account are permitted to contact members who have specified that they are ‘seeking representation’ for the sole purpose of recruiting them as a client. Any other form of contact is strictly forbidden.If an agent user is found to be in breach of this rule, their account will be terminated immediately and they will be banned from further use of our services.
Casting and Agent users may not use their account or services (including email and communication service) to advertise, solicit or promote any products or services. We may charge you a fee of €150 for each breach of this requirement – see clause 5.1 above.
Casting and Agent users must ensure that their communication and other content, and the terms of the job or role to which any notice relates, comply with all applicable laws.
15.5. Policy regarding the Employment of Minors
By agreeing to these Terms and Conditions, you agree that you will adhere to our policy regarding the employment of minors:
No minor should ever be unsupervised while on set or when they are under the care of the production team.
A chaperone is required to accompany all minors when they are working for the production company. Ideally, the parent or legal guardian of the child should accompany the child on set at all times. In the event that this is not possible, a suitably qualified chaperone (preferably a person who is known to the child) who has been fully vetted may supervise the child while on set in accordance with the requirements as set out by the Department of Trade, Industry and Employment.
Employers must obtain a licence from The Department of Trade, Industry and Employment prior to the employment of a child up to 16 years of age. Employers must adhere to all requirements as set out by The Department of Trade, Industry and Employment.
15.5.4. Working Hours
In accordance with the Protection of Young Persons (Employment) Act 1996 the following working hours must be adhered to by the production company, employer or to whomever is responsible for the minor at work, at all times.
Children under 7 years of age
A child under 7 years may not be present at the place of employment
- for more than 5 hours a day,
- before 09.30 a.m. or after 4.30 p.m. except in special circumstances
- may not be present at the place of employment for more than 250 hours in any twelve month period.
- may not take part in a performance or rehearsal on any day: for a continuous period of more than 30 minutes without an interval for rest, for a total period of more than 2 hours.
Children over 7 and under 13 years of age
A child between 7 and 13 years may not be present at the place of employment
- for more than 71⁄2 hours a day, or
- before 9 a.m. or after 5 p.m. except in special circumstances
- may not be present at the place of employment for more than 700 hours in any twelve month period.
- may not take part in a performance or rehearsal on any day: for a continuous period of more than 45 minutes without an interval for
rest, for a total period of more than 3 hours.3.
Children over 13 years of age
A child over 13 years shall not be present at the place of employment
- for more than 8 hours a day, or
- before 9 a.m. or after 7 p.m. except in special circumstances.
- may not be present at the place of employment for more than 900 hours in any twelve month period.
- may not take part in a performance or rehearsal on any day: for a continuous period of more than 1 hour without an interval for rest, for a total period of more than 4 hours.
A child may take part in a performance after the latest relevant hour permitted only if it is essential for such performance to take place after that hour.
15.5.5. Meal/rest breaks
(1) A child must have a break for a meal of at least 1 hour and a separate 15 minute rest break for each period of 31⁄2 hours at the place of employment.
(2) A child may not take part in performances or rehearsals on more than 5 days in any 7 day period (or 6 days in any 7 day period provided such performances or rehearsals do not take place on more than 20 days in any 28 day period).
15.5.6 Illness or injury :
At no time should a child perform when unwell. If a child falls ill or is injured while on set, medical assistance must be obtained and the parent/guardian of the child must be informed immediately. The chaperone should always know who to contact in a medical emergency and should be made aware of any medical conditions relating to the child and any health and safety issues while on set.
In accordance with the The Department of Trade, Industry and Employment, where the hours of work of the child involve an absence from school of more than one week, appropriate alternative teaching arrangements must be arranged.
15.5.8 Place of performance/rehearsal and arrangement for getting home
In accordance with the The Department of Trade, Industry and Employment, the employer is responsible for ensuring the following:
(1) The employer shall ensure that at the place of performance or rehearsal, suitable arrangements have been made for adequate meals for the child, or the child to dress for performances or rehearsals and for the child’s rest and recreation when not taking part in a performance or rehearsal, and that suitable and sufficient sanitary and washing facilities are provided.
(2) The employer shall not require the child to take part in a performance or rehearsal which requires the child to be nude or partially nude without the express permission of the parent or guardian. A qualified nurse or social worker shall be in attendance during any such rehearsal or performance.
(3) The employer shall ensure that arrangements, acceptable to the parent or guardian, are made for the child to get to his/her home or other destination after the last performance or rehearsal on any day.
15.5.9 Payment & Expenses
This website is intended to be used by casting professionals for paid employment only. The only exception to this rule should be for non-commercial projects where a per diem or gratuity is offered. Expenses such as meals, accommodation, travel, etc should be covered by the production on all projects.