Terms & Conditions | The Flashing Lights
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Terms & Conditions

1. The Flashing Lights Advertiser Terms and Conditions of Use

Please take your time to read the terms and conditions before registering to use the services.

These terms govern your use of the services offered on The Flashing Lights Website and form a binding contractual agreement between you and The Flashing Lights. For that reason, these terms are important, and you should read them carefully before you use the services.

By registering to use the services, you agree that you have had sufficient chance to read and understand these terms and that you agree to be bound by these terms.

You warrant that you are at least 18-years old and you are legally capable of entering into these terms. We prohibit the use of The Flashing lights by minors.

If you do not agree to these terms, you must not access or otherwise use The Flashing Lights.

2. Services

The Flashing Lights provides an online platform for the publication and display of advertising of adult services in Australia. Registering for a subscription on The Flashing Lights allows you to have your advertisement published and displayed on The Flashing Lights subject to these Terms (Services).

The Flashing Lights does not become a party to any communications, posts, promises, proposals, resulting contracts or transactions entered into by you and users of The Flashing Lights or the performance under such resulting contracts or transactions by users and the advertisers on The Flashing Lights.

We cannot ensure or guarantee that a user of The Flashing Lights will complete a contract or transaction. You must undertake your own independent due diligence prior to contracting with users and ensure that you implement safety procedures whilst dealing with users.

You hereby release The Flashing Lights (and its affiliates, officers, directors, agents, subsidiaries, joint venturers, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you may have with any users of The Flashing Lights, whether it be at law or in equity. This includes, without limitation, any disputes regarding the performance of any obligations of those users and payments for any services rendered.

3. Account and security

When you register to The Flashing Lights for the Services, you are provided with a user account and password. You must treat such information as confidential and you must not disclose it to any third party. If you have reason to believe that your account or password has been obtained by someone else without your consent, you must inform us immediately to disable your account.

We will not be liable for any losses associated with your account being compromised and your personal information being made publicly available. You acknowledge and agree that all advertisements are public, and you are responsible for any information that you choose to display publicly through your advertisement.

We have the right to disable any account or password at any time if we consider that you have failed to comply with any of the provisions of these terms.

By registering to The Flashing Lights and services, you agree that all information provided during the registration process is true and accurate and you will update this information regularly to keep it current, complete, and accurate.

5. Payments

Payments must be received by The Flashing Lights before the advertisement is published and displayed on The Flashing Lights.

You will be notified by us prior to the expiration of the advertising period so that you can choose to purchase a further advertising period. If you choose not to purchase a further advertising period, we may remove your advertisement from The Flashing Lights until such a time that you purchase a further advertising period.

We may decide, at our option, to offer you a free period of advertising as part of any promotional campaign. In such cases, we will notify of when the complimentary advertising period will commence and finish.

Any payments are made through the relevant payment gateways. The Flashing Lights is not responsible or has any control over any third-party payment gateways. You acknowledge and agree The Flashing Lights will not be liable for any loss or damage arising out of their use of a third-party payment gateway. The Flashing Lights advises that you should read and understand the terms and conditions of any third-party payment gateway prior to using them.

6. Advertiser Content

You must not incorporate any information or content to an advertisement (Advertiser Content):

  • Unless you hold all necessary rights, licences, and consents to do so.
  • That would cause you or The Flashing Lights to breach any law, regulation, rule, code, or other legal obligation.
  • That is or could reasonably be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy.
  • That is unsolicited, undisclosed, or unauthorized advertising.
  • That infringes the intellectual property or other rights of any person.

You agree to keep all records necessary to establish that your Advertiser Content does not violate any of the requirements above and make such records available upon our reasonable request.

Any opinions, advice, statements, services, offers, or other information incorporated into Advertiser Content are those of the respective advertiser and not of The Flashing Lights.

You retain ownership of your intellectual property in any advertiser content (if any). You grant to The Flashing Lights a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such Advertiser Content for use in connection with providing the Services, including without limitation for promoting and redistributing part or all of The Flashing Lights (and derivative works) in any media formats through any media channels.

You also grant each user of The Flashing Lights a non-exclusive licence to access and view your advertiser content through The Flashing Lights. The licences to The Flashing Lights and each user of The Flashing Lights terminates within a commercially reasonably time after we the advertiser content from The Flashing Lights.

We reserve the right to remove your advertiser content or terminate your membership without notice at any time if you breach these Terms. Our decision is final and we reserve the right (but assume no obligation) to edit, retract or delete the advertiser content that we consider unacceptable or inappropriate, or for any other reasons, which we disclose at our discretion and convenience.

You will be responsible for all aspects of the production of the advertiser content and abide by the terms in Prohibited Use set out below.

Please be aware that all advertiser content is subject to any restrictions of each relevant state or territory. If you are unsure of what you can and cannot include in your advertisement, please click here for the details of the rules from each state and territory.

The Flashing Lights moderate advertiser content per the moderation timeframes below before advertisement is published and displayed on The Flashing Lights.

7. Moderation Timeframes

Any new and any changes to standard and featured advertisements will be moderated 24 hours a day, excluding all gazetted Australian public holidays.

These timeframes are estimates only. We do not guarantee the moderation timeframes and will not be liable for any loss or damage due to any delays during the moderation process.

8. Prohibited Use

In addition to the prohibited use, the following prohibited conduct and use apply to advertisers:

  • Non-compliance with the requirements under advertiser content.
  • Using the Services as a minor.
  • Posting or transmitting any material or information which is offensive, defamatory, obscene, unlawful, vulgar, harmful, threatening, abusive, harassing or ethnically objectionable.
  • Creating any advertisements and advertiser content that are fraudulent, defamatory, or infringing any intellectual property rights, confidentiality, or privacy of any person.
  • Impersonation of another person or entity, or falsification or deletion of any attributions, legal or other proper notices or proprietary designations or labels of the origin or source of any materials.
  • Posting or transmitting any material or information which is out of date, inaccurate or misleading.
  • Posting or transmitting any unsolicited advertising or promotional materials.

You must notify The Flashing Lights of any conduct that you regard to be prohibited conduct or use under these Terms by emailing us at enquiries@theflashinglights.com.au. We reserve the right, at its option, to undertake any remedial action, e.g. editing, retracting, or deleting any content or advertising content or suspension and termination of access to The Flashing Lights or Services.

9. Disclaimer

This disclaimer of liability applies to any damages, injury or death caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of The Flashing Lights or services, whether for breach of contract, tortious behaviour, negligence or any other cause of action.

The Flashing Lights make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the services for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

The Flashing Lights do not warrant:

  • That any advertiser content you submit to The Flashing Lights will be protected against loss, misuse, or alteration by third parties.
  • Specific or guaranteed distribution or extent of distribution for your advertisements.
  • The accuracy, adequacy, or completeness of advertiser content, nor do The Flashing Lights undertake to keep advertiser content updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on The Flashing Lights or Services.

10. The Flashing Lights

The Flashing Lights owns or holds a licence to all intellectual property rights in The Flashing Lights (text, graphics, logos, icons, sound recordings and software, and trademarks) excluding advertiser content. Nothing in these terms constitutes a transfer of any intellectual property rights from The Flashing Lights to you.

You must not adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of The Flashing Lights or commercialise any information, products or services obtained from any part of The Flashing Lights without our prior written consent.

You are permitted to use The Flashing Lights only as authorised by us. As an advertiser, you are granted a limited, non-exclusive, revocable, non-transferable right to display your advertiser content on The Flashing Lights as part of the services and subject to these terms.

You must not use any of our intellectual property:

  • In any advertiser content.
  • In or as the whole or part of your own trademarks.
  • In connection with activities, products or services which are not ours.
  • In a manner which may be confusing, misleading, or deceptive.
  • In a manner that disparages The Flashing Lights or our information, products, or services.

11. Limitation of Liability and Indemnity

You agree that we shall not be liable for any damages suffered as a result of using The Flashing Lights or services. In no event shall The Flashing Lights be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.

We do not endorse any of your advertiser content and expressly disclaim all liability in connection with them. We do not confirm and verify advertiser content. In no event shall The Flashing Lights be liable for any claims by a user or any third party pursuant to the Competition and Consumer Act 2010 (Cth) including, but not limited to, any misleading or deceptive statements and/or misrepresentations incorporated into any advertiser content. It is your sole responsibility to ensure the accuracy of the data inputted into advertiser content.

You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of The Flashing Lights and services and will not make a claim against The Flashing Lights for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of The Flashing Lights or Services.

As a condition of your access to and use of The Flashing Lights and services, you agree to defend, hold harmless, and indemnify The Flashing Lights and its successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to:

  • Your access to and use of The Flashing Lights and Services, including any payment obligations incurred using the Services.
  • Your breach of these terms and any applicable law or the rights of another person or party.
  • Any breach of contract or other claims made between users and advertisers.
  • Any liability arising from the tax treatment of payments or any portion thereof.

This indemnification survives the expiration or termination of these terms.

To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms are excluded. Where legislation implies any condition or warranty, and that legislation prohibits The Flashing Lights from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included.

12. Restricted Use

Unless we agree otherwise in writing, you are provided with access to The Flashing Lights only for your personal use. You are authorised to print a copy of any information contained on The Flashing Lights for your personal use unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on sell information obtained from The Flashing Lights or through the services.

13. Termination

We may terminate or suspend your access to The Flashing Lights at any time without notice.

If we believe that you have breached our terms or any applicable law, we will remove your advertisements from The Flashing Lights and send you a notice as to why your advertisement has been removed. You may respond to our correspondence and we will assess whether to lift the suspension or termination at our sole discretion. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by The Flashing Lights in connection under these terms.

If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on The Flashing Lights or by sending a communication to any address (email or otherwise) that we have for you in our records.

Violations of these terms may fully be prosecuted of the law and may result in additional penalties and sanctions.

14. Governing Law

These terms and conditions are governed by the laws in force in the state of NSW. In the event that the state of NSW does not have jurisdiction to hear matter relating to this agreement, then the laws in the commonwealth of Australia will apply. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.

15. General

The Flashing Lights accept no liability for any failure to comply with these terms where such failure is due to circumstances beyond our reasonable control.

If we waive any rights available to The Flashing Lights under these terms on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

If any of these terms are held to be invalid, unenforceable, or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.

These terms and the documents expressly referred to in them, constitute the entire agreement between you and The Flashing Lights, and supersede all previous discussions, correspondence, negotiations, previous arrangements, understanding or agreement between us relating to The Flashing Lights and services.

We each acknowledge that, in entering these terms, neither of The Flashing Lights relies on, and subsequently will have any remedies for, any representation or warranty that is not set out in these terms.

We may assign or sublicence our rights or obligations under these terms at any time without obtaining your consent.

16. Updates to these Terms

We reserve the right to amend these terms from time to time and at our sole discretion. Notification of the changes to these terms will be posted on The Flashing Lights and will be effective immediately, unless expressed otherwise.

It is your sole responsibility to periodically check these terms for any changes. If you do not agree to any changes in these terms, you must immediately cease using The Flashing Lights. Your continued use of The Flashing Lights and services will be deemed as your acceptance of such changes.

Last updated: 18.03.2021.