Terms

ADVERTISING AND USAGE TERMS AND CONDITIONS

 

Black Lace Directory [ BLG PLATFORMS OPERATIONS PTY LTD ACN 630 947 152 [email protected] ] (hereinafter referred to as “Black Lace” or the “Service Provider”) is an advertising site providing up to date information and ready access to sex workers and entertainers. The site offers the opportunity to search for escorts, both male and female, bondage exponents, topless and bikini waiters and waitresses, party acts and other sexual services, including striptease, erotic dancing and sexually oriented entertainment.

 

This site is not a booking agency rather it provides the user with convenient access to the worker or workers of your choice.

 

1. PRIVACY POLICY

Black Lace seeks to comply with the provisions of the Privacy Act 1988 (Cth) and in doing so makes every effort to protect the confidentiality and privacy of information collected as a result of the use of this site.

 

By providing private information for the purpose of advertising or use of the site you are consenting to the use of any such information in accordance with your legal entitlement to provide such information and its consequent use for the purpose for which it was provided.

 

The use of this information shall include but not limited to: -

  • Advertising your services on the Black Lace website.

  • Collecting and retaining such information in our database for marketing and promotional activities in the interest of maximising the availability of the services offered.

  • Facilitating your availability.

  • Conducting secure banking transactions so as to ensure financial security in account management.

  • Maintaining a viable and regularly updated web platform to ensure maximum advertising effectiveness.

 

2. DISCLOSURE OF PERSONAL AND PRIVATE INFORMATION

In carrying out the functions of the services provided by Black Lace your information may be disclosed as followed:

  • To members of the staff of Black Lace.

  • To contractors engaged by Black Lace to maintain its services.

  • As required by law or regulation.

  • To banking and financial institutions for purpose of all matters relating to or in any way affecting account management including but not limited to payments arrangements, dispute resolution, police investigations and taxation requirements.

  • To other Black Lace entities both in Australia and overseas.

 

3. INFORMATION ACCESS

In the event your personal information requires amendments or alterations Black Lace will provide appropriate avenues on site to achieve such amendment or alteration. If you are unable to access your profile for this purpose you should contact our office by telephone, fax or email at your earliest convenience.

Information collected in the conduct of Black Lace sites may be used in the maintenance of analytical processes connected with the maintenance and progression of Black Lace’s business goals.

 

In the pursuit of providing a competitive and effective marketing site, where your information has been used in the production of surveys, analytical projects and marketing projects, it may not be readily or legally accessible. Black Lace will however use its best endeavours to ensure you have access to such information as can reasonably and legally be made available to you. In some circumstances this may entail you incurring a management fee to secure access.

 

4. COMPLAINTS

Black Lace values your custom and will take your complaints seriously. The success of the promotion of your service through our various platforms is in the best interest of yourself and our company and associated entities. Accordingly if you have a complaint with us we wish to hear about it as soon as it arises.

 

Please contact us in writing by phone or email. Our contact details are set out towards the end of this document, Please ensure all your relevant contact details are provided to enable us to respond directly to you and deal promptly with your issues.

 

In the event we are unable to resolve your complaints recourse may be had to the Australian Information Commissioner or such other body relevant to the substance of the issues.   

 

5. ADVERTISING

By utilising the services provided by the Black Lace every advertiser or user agrees to the terms and conditions including all matters referred in the privacy statement, complaints statement, copyright and disclaimer and relevant to advertising and/or usage.

 

6. WARRANTY

You the advertiser or user warrant that you are over the age of 18 years and that you have read and understood the terms and conditions and inclusions referred to in clause 5. I hereof by advertising or reading the statements provided by the service provider you are agreeing to the terms and conditions as set out herein.

 

7. PLATFORM SERVICES

  • The service provider offers the availability of a web platform upon which the advertiser offers his/her services to members of the public over the age of 18 years (otherwise referred to as “user”),

  • The web platform provides a site by which the advertiser can provide details of his/her service and price of those services and availability. The service provider does participate in any communication, arrangement, bookings, reservations or contract established between any advertisers and a user arising out of the use by either party of the web platform.

  • By advertising on the web platform the advertiser agrees that he/she is not acting as an agent for any other person, association, business, or incorporated entity and is the legal owner of any and all material provided to the advertiser on the web/platform.

  • The advertiser agrees and warrants that the material including personal information, photographs, videos and contract information is the personal information of the advertiser and the photograph and video images are of the advertiser and current within 14 days of entering into agreement with the service provider for use of the web platform and the uploading of such material.

  • The advertiser warrants that information provided is true and correct and releases from and indemnifies the service provider against any action, demand law suit or claim whatsoever arising out of the use of the web platform by a user engaging and/or relying on and/or contracting with an advertiser for the provision of services advertised on the web platform including but not limited to the services provided or any failure to provide such service.

 

8. ACCOUNT CONDITIONS

Advertiser will be provided with an account for the use by the advertiser only. Access to that account will be by password when accessed other than by the service provider which shall have unlimited access consistent with the service provided including by not limited to maintenance of information and material provided by the advertiser, maintenance of the web platform, maintenance operation and if necessary termination of the advertiser accounts, all or every issue arising from the use of the service providers web platform and associated services and contractual arrangements between the parties hereto.

 

 

TERMS AND CONDITIONS FOR USERS

 

SCOPE OF SERVICES

Black Lace is an advertising site providing up to date information and ready access to sex workers. By entering into a membership with Black Lace, you are able to advertise your services on the website subject to the term and conditions outlined below.

 

Black Lace is not a party to any communications, posts, promises, proposals, resulting contracts or transactions entered by you and the user of the site.

 

Black Lace cannot ensure or guarantee that the contract or transaction between the user of the site and advertiser will be completed. Advertisers must undertake their own independent due diligence when contracting with user as well as implementing safety procedures when dealing with users.

 

You hereby release Black Lace from claims, demands and damages arising from disputes arising between the user and yourself as the advertiser in relation to the performance of payments from the user for services rendered. The release includes any of Black Lace’s officers, directors, affiliates, agents, subsidiaries, joint ventures and employees).

 

ACCOUNT AND SECURITY

Black Lace provides the advertiser with a user account and password. This information must be treated as confidential and must not be disclosed to the third party. If your account or password has been obtained by another person without your consent, it is your obligation to inform us so we can disable the account immediately.

 

Black Lace is not liable for losses related to your account being compromised and your information being available to the public. You acknowledge and agree that your advertisement will be public and the information that you display on that advertisement will be public.

 

Black Lace has the right to disable your account or password if we have determined that you have failed to comply with any of the provision of the Terms and Conditions.

 

By entering into an agreement with Black Lace, you agree that the information you provided during the registration process is true and accurate and that this information will be updated regularly so that it is current, complete and accurate.

 

ADVERTISEMENT PRICING SCHEDULE

For pricing refer to the schedule in respect of standard and promotional pricing. The schedule is provided in the following link [italics include link]. The pricing is current as set out in the schedule, but it may vary from time to time. Variations will be updated on the schedule and will be effective upon amendment.

 

Advertisements will only be placed on the website when payment in accordance to the schedule has been made. Access to website shall commence on the date of payment or such other date or decided by the advertiser, but subject or any free or complementary advertising period provided to the advertiser by the service provider.

 

PAYMENTS

Payments must be received by Black Lace before the advertisement is placed on the website.

 

Black Lace will notify you prior to the expiration of the advertising period so that you have the option to purchase a further advertisement period. If you choose not to purchase a further advertisement period, Black Lace will remove your advertisement from the site at the expiration of your purchase period.

 

Payments to Black Lace will be made to a relevant third party gateway. Black Lace is not responsible or has any control over any third party payment gateways. Black Lace will not be liable for any loss or damage out of the use of third payment gateway. Black Lace advises you to read and understand the terms and conditions of any third party payment gateway agreement prior to using them.

 

ADVERTISER CONTENT

You must hold all necessary rights, licences and consents to your advertisement content. Your advertisement content must not:

  • Cause you or Black Lace to breach any code, law, regulation or other legal obligation

  • Be considered inappropriate, disparaging, seditious pornographic, abusive, discriminatory, obscene, defamatory, indecent, offensive, threatening, liable to incite racial hatred, blasphemous, in breach of privacy or in breach of confidence

  • Have unauthorised, unsolicited or undisclosed advertising

  • Infringe the intellectual property or other rights of any person

 

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

 

Black Lace is not responsible for any offers, services, statements, advice and opinions or other information expressed in the advertisement content of the advertiser.

 

The intellectual property (if any) of the advertiser is under the ownership of the advertiser. The advertiser grants Black Lace 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 content for use in connection with providing the services, including without limitation for promoting and redistributing part of all of the site (and derivative works) in any media formats through media channels.

 

You also grant each user of the Site a non-exclusive licence to access and view your Advertiser Content through the site. The licence to Black Lace and each user of the Site terminates within a commercially reasonable time after Black Lace removes the Advertiser Content from the Site.

 

Black Lace has the right to remove your content and/or terminate membership without notice at any time if you breach the above terms. The decision of Black Lace is final. Content which Black Lace considers unacceptable or inappropriate or for any other reason will either be edited, retracted or deleted by Black Lace. Black Lace’s decision will be disclosed at their own discretion and convenience.

 

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

 

Please note that all content is subject to any restrictions of each relevant State or Territory. We advise you to refer to the relevant State or Territory

 

We moderate content per the Moderation Timeframes below before advertisement is published and displayed on the Site.

 

MODERATION TIMEFRAMES

Black Lace monitors any new and changes to standard and featured advertisements 24 hours a day. The timeframes provided by Black Lace are estimates only and we do not guarantee the accuracy of the moderation time frames. If at any change delays occur during the moderation process, we will not be liable for any loss or damage.

 

PROHIBTED USE

Advertisers are prohibited from:

  • Non-compliance with the requirement under the ‘Advertiser Content’ provisions

  • Using the Services as a minor

  • Posting or transmitting material or information that contains content that may be viewed/seen as offensive, defamatory, obscene, unlawful, vulgar, harmful, threatening, abusive, harassing or ethnically objectionable

  • Advertising content which may defraud, defame or infringe the intellectual rights, confidentiality or privacy of any person

  • Impersonating another person or entity

  • Falsifying or deleting acknowledgment/attribution of the origin or source of any materials. Attribution includes legal or other proper notice, proprietary designation or labels.

  • Posting or transmitting any material or information which is out of date, inaccurate or misleading; or

  • Posting or transmitting advertising or promotional material that is unsolicited

 

You must notify us of any conduct that you regard to be prohibited conduct or use under these Terms by emailing us at [ [email protected] ]. Black Lace reserves 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 Site or Services.

 

DISCLAIMER


 

BLACK LACE INTELLECTUAL PROPERTY

All text, graphics, logos, icons, sound recordings and software and trademarks of the website are the intellectual property of Black Lace. Advertiser Content is not the intellectual property of Black Lace. Nothing in the Terms and Conditions constitutes a transfer of any intellectual property rights from Black Lace to you.

 

The advertiser must not adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this Site or commercialise any information, products or services obtained form any part of the Site without Black Lace’s prior written consent.

 

Black Lace authorises the use of the website by the advertiser. Under the agreement the advertiser is granted a limited, non-exclusive, revocable, non-transferable right to display their content on the site as part of the services and subject to the Terms and Conditions.

 

The intellectual property of Black Lace must not be used:

  • In any Advertiser’s Content;

  • In or as the whole part of your own trade marks;

  • In connection with activities, products or services which are not of Black Lace;

  • In a manner which may be confusing, misleading or deceptive; or

  • In a manner that disparages Black Lace or its information, products or services (including this Site)

 

LIMITATION OF LIABILITY AND INDEMNITY

You agree that Black Lace shall not be liable for any damages suffered as a result of using the website and/or the services. In any event, Black Lace shall not be liable for 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 it be for breach of contract or in tort even if it there has been previous advice of the possibility of damage.

 

Black Lace does not endorse any of your advertised content and expressly disclaims any and all liability in connection with them. We are not liable for any claims by a user or third party pursuant to the Competition and Consumer Act 2010 (Cth). This includes and it not limited to claims of misleading or deceptive statements and/or misrepresentation in relation to the advertiser’s content. It is the sole responsibility of the advertiser to ensure that the data contained in the advertised content is accurate.

 

Security protection and backup of data and/or equipment used in connection with the advertisers usage of the site and services is the sole responsibility of the advertiser. The advertiser agrees not to make claims in relation to problems that occur due to security protection and backup of data and/or equipment. This includes claims for lost data, re-run time, inaccurate instruction, work delays or lost profits from the use of the website or services.

 

As a condition of the advertiser’s access to and use of the website and services, the advertiser indemnifies Black Lace 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 the :

  • Use and access of the website and services, including any payment obligations incurred through the use of the Services; or

  • breaches of the Terms and Condition, legislation and/or the rights of another person or party

  • breach of contract or other claims  between users and advertisers; or

  • liability arising from tax treatment of payments

 

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 and Conditions are excluded. Only conditions or warranty deemed under the relevant legislation will be included. However, Black Lace’s liability will be limited to the terms of our Replacement and Refund Policy.

 

RESTRUCTED USE

Access to this website is restricted for personal use only. On selling of information obtained from the site or through the services is prohibited unless agreed otherwise through written consent.

 

TERMINATION

Black Lace may terminate or suspend your access to the website without notice at anytime.

 

Any advertisers that have breached the Terms and Conditions or any applicable law will be removed and a notice will be sent explaining the reason for the removal. Advertiser may respond to the notice; however the lifting of the suspension and termination are at Black Lace’s sole discretion. Black Lace is not liable to the advertiser or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection under the Terms and Conditions.

 

Violations of these Terms and Conditions may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions.

 

GOVERNING LAW

The terms and conditions are governed by the respective law of each state and territory. If the state or territory does not have jurisdiction to hear the matter relating to the agreement, then the law in the Commonwealth of Australia will apply. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.

 

GENERAL

Black Lace accepts no liability for any failure to comply with the Terms and Conditions where such a failure is due to circumstances beyond our reasonable control.

 

A waiver by Black Lace of any of the rights under the Terms and Conditions at one occasion does not automatically mean that other rights of the Terms and Conditions will be waived.

 

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

 

These Terms and Conditions and the documents expressly referred to in them, constitute the entire agreement between the advertiser and Black Lace. There all previous discussions, correspondence, negotiations, previous arrangements, understandings or agreement made between the advertiser and Black Lace will be superseded.

 

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

 

UPDATE TO THESE TERMS

Black Lace reserves 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 site and will be effective immediately, unless expressed otherwise.

 

It is your sole responsibility to periodically check these Terms and Conditions. If you do not agree to any changes in these Terms and Conditions, you must immediately cease using the Site. Your continued use of the Site and Services will be deemed as your acceptance of such changes.

 

 

 

TERMS AND CONDITIONS FOR USERS

 

The following Terms and Conditions govern the use of the Black Lace Directory by you, the user.

 

By using the site the user acknowledges that you have read, understand and agree to the Terms and Conditions set out below.

 

By agreeing to the Terms and Conditions you warrant that you are at least 18 years old and legally capable of entering into the Terms and Conditions. The use of the site by a minor is strictly prohibited by Black Lace.

 

ACCESSING THE SITE

All reasonable attempts will be made by Black Lace to minimise temporary disruptions to the Site. However, Black Lace will not be liable for any loss or damage that has occurred due to temporary interruptions.

 

Content provided on this Site is provided on an ‘as in’ and ‘as available basis’. Material on the Site may be out of date at any given time and Black Lace is under no obligation to update such material. The content is provided without warranties of any kind either expressed or implied. The user will excess and use the Site, solely at their own risk.

 

Black Lace reserves the right to withdraw or amend the Site without notice. Access to the entire Site or parts of the Site may be restricted from time to time by Black Lace.


 

SCOPE OF SERVICES

Black Lace is an advertising site providing up to date information and ready access to sex workers

 

Black Lace is not a party to any communications, posts, promises, proposals, resulting contracts or transactions entered by the advertiser and the user of the site.

 

Black Lace cannot ensure or guarantee that the contract or transaction made between the advertiser and the user of the site will be completed. Users must undertake their own independent due diligence when contracting with advertisers as well as implementing safety procedures when dealing with advertisers

 

The user hereby releases Black Lace from claims, demands and damages arising from disputes arising between you and the advertiser in relation to the performance of payments from the advertisers for services rendered. The release also includes any of Black Lace’s officers, directors, affiliates, agents, subsidiaries, joint ventures and employees).

 

PROHIBITED CONDUCT

The user acknowledges and agrees that they are responsible for there own conduct whilst using the Black Lace Directory. The user agrees to the use the Black Lace Directory in a legal proper matter in accordance to the Terms and Conditions.

 

Prohibited conduct and use includes, but are not limited to:

  • Threatening, stalking, harassment, abuse and defamation or otherwise violating the legal rights of others

  • Promoting pyramid schemes, chain letters or disruptive commercial messages or advertisements

  • Impersonating another person

  • Restricting or inhibiting any other users from using the site

  • Using the Site in an unauthorised and illegal matter

  • Interfering or disrupting the services of the Site

  • Using methods to collect information or data contained within the site about users for any unauthorised purpose

  • Providing or promoting instructional information about illegal activities or promoting physical harm or injury against any group or individual

  • Transmitting any viruses, worms ,defects, Trojan horses or any harmful code through the Site

  • Commercialising any information, products or services from any materials or content downloaded from the Site

  • Using the material or content downloaded to publish, display, print, transmit, distribute, store, reproduce, adapt or create derivative works from

 

If the user regards any of the conduct as being prohibited conduct or use under the Terms and Conditions, Black Lace must be notified immediately via email. [insert email address]. Black Lace reserves the right, at its option, to undertake any remedial action, e.g. retracting, editing or deleting any content or advertising content or suspension and termination of access to the Site or Service if the content or use is prohibited.


 

DISCLAIMER

Users of the Black Lace Directory website acknowledge by its use that they have read the disclaimer and unreservedly accept the conditions of its use and more particularly the following terms and conditions:

  1. The service provider accepts no responsibility for any loss, damage or injury occurring out of the use of the service provider website and including, but not limited to the representation made, information provided and the accuracy and completion thereof.

  2. The user accepts that he/she relies upon the information in the website solely upon the basis of the acceptance of all or any responsibility and relieves and excludes the service provider of any and all liability in respect of such reliance.

  3. The user acknowledges that the service provider has used its best endeavours to ensure that the information published on the website is correct and accurate, but agrees that the service provider, its staff, associated business entities and contractors shall in no way be liable for any loss, damage or injury arising out of the use of any such information.

  4. Users of the website acknowledges that the service provider, its staff, associated entities and contractors shall not be liable in any way for any misleading or deceptive statements published on the website or made by any advertisers any other time or place.

  5. To the extent that any material published on the website or accessible as a result of linking, hacking or unauthorised intrusion is of an offensive, criminal, violent or unlawful nature and unacceptable for persons under the age of 18 years, the user accepts all responsibility in respect of its use and acknowledges that the service provider makes no representation in respect of its suitability for any purpose.

 

BLACK LACE INTELLECTUAL PROPERTY

All text, graphics, logos, icons, sound recordings and software and trademarks of the website are the intellectual property of Black Lace. Advertiser Content is not the intellectual property of Black Lace. Nothing in the Terms and Conditions constitutes a transfer of any intellectual property rights from Black Lace to the user.

 

The site and any part of the site as well as the information, products or services obtained from any part of the site must not be use to reproduce, adapt, store, distribute, display, print, perform, publish or create derivative works without Black Lace’s prior consent.

 

The website is to be used only as authorised by the Black Lace. Under the agreement the advertiser is granted a limited, non-exclusive, revocable, non-transferable right to display their content on the site as part of the services and subject to the Terms and Conditions.

 

The user must not use the intellectual property of Black Lace in:

  • Its own trade marks;

  • A manner which may be confusing, misleading or deceptive;

  • Connection with other services, activities or products which are not of Black Lace; or

  • A manner that disparages Black Lace or its information, products or services (including this Site)


 

ADVERTISER CONTENT

 

The Black Lace Directory publishes and displays advertisements for services provided by the advertiser. The content or information contained in the advertisement are those of the advertiser and not of Black Lace. Black Lace does not endorse the content of the advertisement nor a responsible for the accuracy or reliability of any opinion, advice, information or statement made on the advertisement.

 

THIRD PARTY WEBSITE

Users of the Black Lace website may be linked to other third parties, including websites, services or resources on the Internet and other websites, services or resources may be linked to the Black Lace website. Third parties are not under the control of Black Lace.

 

Black Lace will provide links to external third parties for the user’s own convenience. Black Lace does not endorse the third parties’ content. The user agrees and acknowledges that they will be entering the third parties sources at their own risk.

 

LIMITATION OF LIABILITY AND INDEMNITY

The user agrees that Black Lace shall not be liable for any damages suffered as a result of using the website and/or the services. In any event, Black Lace shall not be liable for indirect, punitive, special, incidental or consequential damage (including revenue, loss of business, use, profits, privacy, goodwill, data, or other economic advantage) however it arises, whether it be for breach of contract or in tort even if it there has been previous advice of the possibility of damage.

 

The advertised content is not endorsed by Black Lace and we expressly disclaim any and all liability in connection with them. We are not liable for any claims by a user or third party pursuant to the Competition and Consumer Act 2010 (Cth). This includes, and is not limited to claims of misleading or deceptive statements and/or misrepresentation in relation to the advertiser’s content. It is the sole responsibility of the advertiser to ensure that the data contained in the advertised content is accurate.

 

Security protection and backup of data and/or equipment used in connection with the user’s usage of the site and services is the sole responsibility of the advertiser. The user agrees not to make claims in relation to problems that occur due to security protection and backup of data and/or equipment. This includes claims for lost data, re-run time, inaccurate instruction, work delays or lost profits from the use of the website or services.

 

As a condition of the user’s access to and use of the website and services, the user indemnifies Black Lace 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 the :

  • Use and access of the website and services, including any payment obligations incurred through the use of the services; or

  • breaches of the Terms and Condition, legislation and/or the rights of another person or party

  • breach of contract or other claims between users and advertisers; or

  • liability arising from tax treatment of payments

 

This indemnification survives the expiration or termination of these Terms and Conditions.

 

To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms and Conditions are excluded. Only conditions or warranty deemed under the relevant legislation will be included. However, Black Lace’s liability will be limited to the terms of our Replacement and Refund Policy.

 

GOVERNING LAW

 

The Terms and Conditions are governed by the respective law of each state and territory. If the state or territory does not have jurisdiction to hear the matter relating to the agreement, then the law in the Commonwealth of Australia will apply. The user agrees to submit to the exclusive jurisdiction of the courts of that jurisdiction.

 

GENERAL LAW

 

Black Lace accepts no liability for any failure to comply with the Terms and Conditions where such a failure is due to circumstances beyond our reasonable control.

 

A waiver by Black Lace of any of the rights under the Terms and Conditions at one occasion does not automatically indicate that other rights of the Terms and Conditions will be waived.

 

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

 

These Terms and Conditions and the documents expressly referred to in them, constitute the entire agreement between the advertiser and Black Lace. There all previous discussions, correspondence, negotiations, previous arrangements, understandings or agreement made between the advertiser and Black Lace will be superseded.

 

Black Lace’s rights and obligations under these Terms and Conditions may be assigned or sublicensed by Black Lace at anytime without obtaining the users consent.

 

UPDATE TO THESE TERMS

Black Lace reserves the right to amend these Terms and Conditions from time to time and at our sole discretion. The changes to these Terms and Conditions will be posted to the site to notify the user and will be effectively immediately.

 

It is the user’s sole responsibility to check the Terms and Conditions periodically. If the new changes to the Terms and Conditions are not agreed to, the advertiser must cease using the Site immediately. Black Lace will consider the continued use of Black Lace’s services as an acceptance of those changes.

 

 

 

 

TERMS AND CONDITIONS FOR ADVERTISERS

 

The following Terms and Conditions govern the use of the Black Lace Directory and create a binding contractual agreement between you, the advertiser and Black Lace.

 

By registering to the use of the services of Black Lace you acknowledge that you have read, understand and agree to the Terms and Conditions set out below.

 

By agreeing to the Terms and Conditions you warrant that you are at least 18 years old and legally capable of entering into the Terms and Conditions. The use of the site by minors is strictly prohibited by Black Lace.

 

SCOPE OF SERVICES

Black Lace is an advertising site providing up to date information and ready access to sex workers. By registering with Black Lace, the advertiser is able to advertise their services on the website subject to the Term and Conditions.

 

Black Lace is not a party to any communications, posts, promises, proposals, resulting contracts or transactions entered by the advertiser and the user of the site.

 

Black Lace cannot ensure or guarantee that the contract or transaction made between the advertiser and the user of the site will be completed. Advertisers must undertake their own independent due diligence when contracting with users as well as implementing safety procedures when dealing with users.

 

The advertiser hereby releases Black Lace from claims, demands and damages arising from disputes arising between the users in relation to the performance of payments from the user for the services rendered. This release also includes any of Black Lace’s officers, directors, affiliates, agents, subsidiaries, joint ventures and employees.

 

ACCOUNT AND SECURITY

The advertiser will be provided with a user account and password by Black Lace. This information must be treated as confidential and must not be disclosed to the third party. If it is believed that the account or password has been obtained by another person, it is the advertiser’s obligation to inform Black Lace, so that the account can be disabled by us immediately.

 

Black Lace is not liable for losses related to the advertiser’s account being compromised and their information being available to the public.

 

The advertiser acknowledges and agrees that their advertisement will be public and the information that is displayed on that advertisement will be public.

 

Black Lace has the right to disable the advertiser’s account or password if we have determined that the advertiser has failed to comply with any or all of the provision of the Term and Conditions.

 

By registering into an agreement with Black Lace, the advertiser agrees that the information provided during the registration process is true and accurate and that this information will be updated regularly by the advertiser so that it is current, complete and accurate.

 

ADVERTISEMENT PRICING SCHEDULE

For pricing refer to the schedule in respect of standard and promotional pricing. The schedule is provided in the following link [italics include link]. The pricing is current as set out in the schedule, but it may vary from time to time. Variations will be updated on the schedule and will be effective upon amendment.

 

Advertisements will only be placed on the website when payment in accordance with the schedule has been made. Access to website shall commence on the date of payment or such other date as decided by the advertiser, but subject to any free or complementary advertising period provided to the advertiser by the service provider.

 

PAYMENTS

Advertisements will only be placed on the website when payment in accordance with the schedule has been made.

 

Black Lace will notify the advertiser prior to the expiration of the advertising period so that there is the option to purchase a further advertisement period. If the advertiser chooses not to purchase a further advertisement period, Black Lace will remove the advertisement from the site at the expiration of the purchase period.

 

Payments to Black Lace will be made through a relevant third party gateway. Black Lace is not responsible or has any control over any third party payment gateways. Black Lace will not be liable for any loss or damage out of the use of third payment gateway. Black Lace advises the advertiser to read and understand the Terms and Conditions of any third party payment gateway agreement prior to using them.

 

ADVERTISER CONTENT

The advertiser must hold all necessary rights, licences and consents to the advertisement content. The advertiser’s content must not:

  • Cause the advertiser or Black Lace to breach any code, law, regulation or other legal obligation

  • Be considered inappropriate, disparaging, seditious, pornographic, abusive, discriminatory, obscene, defamatory, indecent, offensive, threatening, liable to incite racial hatred, blasphemous, in breach of privacy or in breach of confidence

  • Have unauthorised, unsolicited or undisclosed advertising

  • Infringe the intellectual property or other rights of any person

In order to establish that the advertised content does not violate any of the requirements above, the advertiser agrees to keep all records necessary, so that such records are available upon Black Lace’s reasonable request.

 

Black Lace is not responsible for any offers, services, statements, advice and opinions or other information expressed in the advertisement content of the advertiser.

 

The intellectual property (if any) of the advertiser is under the ownership of the advertiser. The advertiser grants Black Lace 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 content for use in connection with providing the services, including without limitation for promoting and redistributing part of all of the site (and derivative works) in any media formats through media channels.

 

By advertising the content through the website, the advertiser agrees to grant the users of the website a non-exclusive licence to access and view the content. This licence will terminate within a commercially reasonable time after content has been removed by Black Lace.

 

Black Lace has the right to remove the advertiser’s content and/or terminate membership without notice at any time if the Terms and Conditions are breached. The decision of Black Lace is final. Content which Black Lace considers unacceptable or inappropriate or for any other reason will either be edited, retracted or deleted by Black Lace. Black Lace’s decision will be disclosed at their own discretion and convenience.

 

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

 

Please note that all content is subject to any restrictions of each relevant State or Territory. Black Lace advises the advertiser to refer to the relevant State or Territory

 

Advertiser content will be moderated in accordance to the Moderation Timeframes below before it is published and displayed on the Site.

 

MODERATION TIMEFRAMES

Black Lace monitors any new and changes to standard and featured advertisements 24 hours a day. The timeframes provided by Black Lace are estimates only and we do not guarantee the accuracy of the moderation time frames. If at any change delays occur during the moderation process, we will not be liable for any loss or damage.

 

PROHIBTED USE

Advertisers are prohibited from:

  • Non-compliance with the requirement under the ‘Advertiser Content’ provisions

  • Using the Services as a minor

  • Posting or transmitting material or information that contains content that may be viewed/seen as offensive, defamatory, obscene, unlawful, vulgar, harmful, threatening, abusive, harassing or ethnically objectionable

  • Advertising content which may defraud, defame or infringe the intellectual rights, confidentiality or privacy of any person

  • Impersonating another person or entity

  • Falsifying or deleting acknowledgment/attribution of the origin or source of any materials. Attribution includes legal or other proper notice, proprietary designation or labels.

  • Posting or transmitting any material or information which is out of date, inaccurate or misleading; or

  • Posting or transmitting advertising or promotional material that is unsolicited

 

If the advertiser regards any of the conduct as being prohibited conduct or use under the Terms and Conditions, Black Lace must be notified immediately via email. [[email protected]]. Black Lace reserves the right, at its option, to undertake any remedial action, e.g. retracting, editing or deleting any content or advertising content or suspension and termination of access to the Site or Service if the content or use is prohibited.

 

DISCLAIMER

Advertisers of the Black Lace Directory website acknowledge by its use that they have read the disclaimer and unreservedly accept the conditions of its use and more particularly the following terms and conditions:

  1. The service provider accepts no responsibility for any loss, damage or injury occurring out of the use of the service provider website and including, but not limited to the representation made, information provided and the accuracy and completion thereof.

  2. The advertiser accepts that he/she relies upon the information in the website solely upon the basis of the acceptance of all or any responsibility and relieves and excludes the service provider of any and all liability in respect of such reliance.

  3. The advertiser acknowledges that the service provider has used its best endeavours to ensure that the information published on the website is correct and accurate, but agrees that the service provider, its staff, associated business entities and contractors shall in no way be liable for any loss, damage or injury arising out of the use of any such information.

  4. Advertisers of the website acknowledges that the service provider, its staff, associated entities and contractors shall not be liable in any way for any misleading or deceptive statements published on the website or made by any advertisers any other time or place.

  5. To the extent that any material published on the website or accessible as a result of linking, hacking or unauthorised intrusion is of an offensive, criminal, violent or unlawful nature and unacceptable for persons under the age of 18 years, the Advertiser accepts all responsibility in respect of its use and acknowledges that the service provider makes no representation in respect of its suitability for any purpose.

 

BLACK LACE INTELLECTUAL PROPERTY

All text, graphics, logos, icons, sound recordings and software and trademarks of the website are the intellectual property of Black Lace. Advertiser Content is not the intellectual property of Black Lace. Nothing in the Terms and Conditions constitutes a transfer of any intellectual property rights from Black Lace to the advertiser.

 

The site and any part of the site as well as the information, products or services obtained from any part of the site must not be use to reproduce, adapt, store, distribute, display, print, perform, publish or create derivative works without Black Lace’s prior consent.

 

The website is to be used only as authorised by Black Lace. Under the agreement the advertiser is granted a limited, non-exclusive, revocable, non-transferable right to display their content on the site as part of the services and subject to the Terms and Conditions.

 

The advertiser must not use the intellectual property of Black Lace in:

  • Its advertising content

  • A manner which may be confusing, misleading or deceptive;  

  • Its own trade marks;

  • Connection with  its activities, products or services which are not of Black Lace; or

  • A manner that disparages Black Lace or its information, products or services (including this Site)

 

LIMITATION OF LIABILITY AND INDEMNITY

The advertiser agrees that Black Lace shall not be liable for any damages suffered as a result of using the website and/or the services. In no event, Black Lace shall not be liable for consequential, indirect, punitive, special or incidental damage (including revenue, loss of business, use, profits, privacy, goodwill, data, or other economic advantage) however it arises, whether it be for breach of contract or in tort even if it there has been previous advice of the possibility of damage.

 

The advertised content is not endorsed by Black Lace and we expressly disclaim any and all liability in connection with them. We are not liable for any claims by a user or third party pursuant to the Competition and Consumer Act 2010 (Cth). This includes, and is not limited to claims of misleading or deceptive statements and/or misrepresentation in relation to the advertiser’s content. It is the sole responsibility of the advertiser to ensure that the data contained in the advertised content is accurate.

 

Security protection and backup of data and/or equipment used in connection with the advertiser’s usage of the site and services is the sole responsibility of the advertiser. The advertiser agrees not to make claims in relation to problems that occur due to security protection and backup of data and/or equipment. This includes claims for lost data, re-run time, inaccurate instruction, work delays or lost profits from the use of the website or services.

 

As a condition of the advertiser’s access to and use of the website and services, the advertiser indemnifies Black Lace 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 the :

  • Use and access of the website and services, including any payment obligations incurred through the use of the services; or

  • breaches of the Terms and Condition, legislation and/or the rights of another person or party

  • breach of contract or other claims between users and advertisers; or

  • liability arising from tax treatment of payments

 

This indemnification survives the expiration or termination of these Terms and Conditions.

 

To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms and Conditions are excluded. Only conditions or warranty deemed under the relevant legislation will be included. However, Black Lace’s liability will be limited to the terms of our Replacement and Refund Policy.

 

RESTRUCTED USE

Access to this website is restricted for personal use only. On selling of information obtained from the site or through the services is prohibited unless agreed otherwise through written consent.

 

TERMINATION

Black Lace may terminate or suspend the advertiser’s access to the website without notice at anytime.

 

Any advertisers that have breached the Terms and Conditions or any applicable law will be removed, and a notice will be sent explaining the reason for the removal. Advertiser may respond to the notice; however, the lifting of the suspension and termination are at Black Lace’s sole discretion. Black Lace is not liable to the advertiser or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection under the Terms and Conditions.

 

Violations of these Terms and Conditions may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions.

 

GOVERNING LAW

The Terms and Conditions are governed by the respective law of each state and territory. If the state or territory does not have jurisdiction to hear the matter relating to the agreement, then the law in the Commonwealth of Australia will apply. The advertiser agrees to submit to the exclusive jurisdiction of the courts of that jurisdiction.

 

GENERAL

Black Lace accepts no liability for any failure to comply with the Terms and Conditions where such a failure is due to circumstances beyond our reasonable control.

 

A waiver by Black Lace of any of the rights under the Terms and Conditions at one occasion does not automatically indicate that other rights of the Terms and Conditions will be waived.

 

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

 

These Terms and Conditions and the documents expressly referred to in them, constitute the entire agreement between the advertiser and Black Lace. There all previous discussions, correspondence, negotiations, previous arrangements, understandings or agreement made between the advertiser and Black Lace will be superseded.

 

Black Lace’s rights and obligations under these Terms and Conditions may be assigned or sublicensed by Black Lace at anytime without obtaining the advertisers consent.

 

UPDATE TO THESE TERMS

Black Lace reserves the right to amend these Terms and Conditions from time to time and at our sole discretion. The changes to these Terms and Conditions will be posted to the site to notify the advertiser and will be effectively immediately.

 

It is the advertiser’s sole responsibility to check the Terms and Conditions periodically. If the new changes to the Terms and Conditions are not agreed to, the advertiser must cease using the Site immediately. Black Lace will consider the continued use of Black Lace’s services as an acceptance of those changes.




 


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