TERMS AND CONDITIONS

The AFAMASAGA.NET network of websites ("Network") is owned and operated by John Reyer Afamasaga ("Afamasaga "). Your access to the Network is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Network (known collectively as "Terms of Use"). Your use of, and/or access to, the Network constitutes your agreement to the Terms of Use. By using the Network, you warrant that you are using the Network Afamasaga reserves the right to amend the Terms of Use at any time. Since you are bound by these Terms of Use, you should periodically refer to them in this document and elsewhere on the Network.

INTELLECTUAL PROPERTY

All information, text, material, graphics, software and advertisements on the Network ("Content") are Copyright ©1986-2009 John Reyer Afamasaga unless expressly indicated otherwise on the Network. The Content is protected by Australian and international copyright laws. Content on the Network is published in real-time, and you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for on the Network or expressly authorised in writing by Afamasaga. Strictly on the condition that you keep all Content intact and in the same form as presented on the Network (including without limitation all copyright, trademark and other proprietary notices and all advertisements), you may: a) using an industry-standard Web browser, download and view the Content for your personal, non-commercial use, or b) if you are an Internet service and/or access provider, supply the Content to your subscriber. You must not use the Network in any manner or for any purpose which is unlawful or in any manner which violates any right of Afamasaga or an affiliate or which is prohibited by the Terms of Use.

ADVERTISING BY THIRD PARTIES, LINKS TO THIRD PARTY WEBSITES AND OFFERS

The Network may contain hyperlinks and other pointers to Internet websites operated by third parties from time to time. These linked websites and the content thereof are not under the control of Afamasaga and Afamasaga is not responsible for the contents of any linked website or any hyperlink contained in a linked website. These hyperlinks are included on the Network as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website by Afamasaga. You link to and use any such website entirely at your own risk.

The Network may also contain third party advertisements which may contain embedded hyperlinks or which include referral buttons to websites operated by third parties or their licensees or contractors. All third party advertising (including referral buttons and embedded hyperlinks) is paid for by the relevant third party advertisers and are not recommendations or endorsements by Afamasaga. You are referred to the relevant advertiser for all information regarding the advertiser and its products and/or services. Afamasaga makes no warranty or representation, express or implied as to the terms and conditions of use adopted by, or contained in third party websites.

In some instances, the advertisement will contain representations or offers by the third party advertiser which you can accept by linking to the advertiser's website and executing the relevant transaction. Such offers are not made by Afamasaga, and the third party advertiser is solely responsible to you for the delivery of any goods or services you purchase on the third party website. Unless expressly stated as being an offer by Afamasaga capable of acceptance by you, the User, nothing on the Network is to be taken or construed as an offer capable of acceptance.

DISCLAIMERS AND LIMITATION OF LIABILITY

The Trade Practices Act and similar state and territory Legislation in Australia may confer rights and remedies on you in relation to the provision by Afamasaga of goods or services on the Network which cannot be excluded, restricted or modified ("Non-excludable Rights"). Afamasaga does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.

Except as provided for by the Non-excludable Rights:

a) all Content is provided "as is" and without warranties of any kind, either express or implied;

b) Afamasaga expressly disclaims all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose;

c) Afamasaga does not warrant that the functions contained in any Content or your access to the Network will be uninterrupted or error-free, that any defects will be corrected or that the Network or the server which stores and transmits Content to you are free of viruses or any other harmful components;

d) Afamasaga does not warrant or make any representation regarding your access to, or the results of your access to, the Network (including any related or linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise; and

e) you (and not Afamasaga) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content.

Under no circumstances (including but not limited to any act or omission on the part of Afamasaga) will Afamasaga be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the Network or any Content. You expressly acknowledge and agree that Afamasaga does not exert control over users of the Network or third party advertisers or other parties or websites referred to on the Network (including but not limited to individuals referred to on the Network as guests and/or experts) and is not liable either for their opinions or their behaviour, including any information and/or advice and any defamatory statements or offensive conduct.

To the fullest extent permitted by law, Afamasaga 's liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of Afamasaga to the following:

* in the case of services supplied or offered by Afamasaga:
(a) the supply of the services again; or
(b) the payment of the cost of having services supplied again; and

* in the case of goods supplied or offered by Afamasaga:
(a) the replacement of the goods or the supply of equivalent goods;
(b) the repair of such goods;
(c) the payment of the cost of replacing the goods or acquiring equivalent goods, or
(d) the payment of the cost of having the goods repaired.

TERM AND TERMINATION

The Terms of Use are effective until either replaced or terminated by Afamasaga.
Afamasaga may terminate this agreement and your access to the Network at any time without notice and for any reason. In the event of termination, you are no longer authorised to access the Network, but all restrictions and obligations imposed on you, licenses and other rights granted by you and all Afamasaga disclaimers, exclusions and limitations of liability set out in the Terms of Use will survive.

USER GENERATED MATERIAL AND LICENCE TO AFAMASAGA

By placing any information or other material on the Network (including posting messages, uploading files, inputting data or engaging in any other form of communication), you grant to Afamasaga a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to do the following in respect of the information or material:

a) use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display, and

b) sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted.

The foregoing grant includes the right to exploit all proprietary rights in any such information or other material, including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favour of Afamasaga and any other party authorised by Afamasaga all moral rights and any similar rights in any jurisdiction which you may have or hereafter acquire in respect of any relevant communication or other material. At the request and expense of Afamasaga, you will execute and deliver to Afamasaga such instruments and take such other actions as may be required to carry out this grant of license and waiver.

USERS INDEMNITY TO AFAMASAGA

Afamasaga relies on your continued observance of these Terms of Use. If Afamasaga suffers any loss or damage (whether direct or indirect) or incurs any costs in connection with any breach of these Terms of Use or any other legal obligation then you agree to indemnify Afamasaga for those losses, damages and costs.

APPLICATION OF LAW AND JURISDICTION

This agreement will be governed by and construed in accordance with the laws of Queensland, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Queensland.

SEVERABILITY

If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.

All rights not expressly granted herein are reserved.

ACCESSING CONTENT ON MOBILE PHONES AND USE OF GUIOPERA.MOBI SITES

Afamasaga and in particular the "GUIopera.mobi" websites offers a selection of content which users may access, view and download on their mobile phones.

Content is offered on a free, pay per download or subscription basis. These Terms of Use apply to each payment method. There are also terms and conditions of use particular to use of those websites to which you should refer. You should also consult your telecommunications service provider to see what additional carrier charges you may incur.

DEFINITIONS

In these terms and conditions, the AFAMASAGA.NET network of websites and the term "Network" includes (without limitation) the following websites and any other website that Afamasaga may determine from time to time is part of its "Network":

Downloadable or Viewable content derived from www.etfiction.com or a sub domain of www.etfiction.com, including content found at the following domains:

e2esaga.com
GUIOPERA.com
GUIOPERA.net
afamasaga.net
LMLA-ink.com
electricbookie.com
morbidmayhem.com
JOHNLAZOO.COM
WIPEWORLDWIDE.COM
worldwideprovider.com
GLOBALLATTACK.COM
mobalprovider.com
mo-blast.com
mo-blast.net
mo-eboo.com
mo-eboo.net
dmfiction.com
d-script.com
e-techno-fiction.com
etfictionreviews.com
ROZELLEZOFEN.COM
METOFEAZ.COM
ONLINE-COMMUNE.COM
gooeyopera.com
gooeyopera.net
JONLEMAC.COM
polinarada.com
SYSTEMSPECTACULAR.COM
silverspoon-spaceship.com
BROCOLIFLOWER.COM
mindmorph-d.com
senfenide-d.com
K-MANTONIO.COM
amalgamension-d.com
GUImobi.mobi
GUImobile.mobi
GUIgame.mobi
GUImedia.mobi
GUIfone.mobi
GUIsoftware.mobi
REDDYROLANDRAY.COM
TRUFUNKSOLDIER.COM
poem-book.com
d-lacrew.com
BASA.CO.NZ
mobileadapp.com
mobileadapp.net
 

etfiction | GUIOPERA | afamasaga.net