Terms and Conditions

1. The Legal Notice and its Acceptance

This legal notice (hereinafter, the "Legal Notice") regulates the use of the Internet website service of The Poet's Wings (http://poetswings.com/ ) or Alas de Poeta (http://alasdepoeta.com) (hereinafter, the "The Site") that A.V.O. (hereinafter, "The Poet"), residing in the city of Ottawa (Ontario) Canada, makes available to Internet Users.

The use of the Site attributes the condition of User of the Site (hereinafter, the "User") and implies the full and unreserved acceptance of each and every one of the provisions included in this Legal Notice in the version published by The Poet in the moment in which the User accesses the Site. Consequently, the User must carefully read this Legal Notice in each of the occasions in which he intends to use the Site, since the Legal Notice may be modified at any time by The Poet.

Likewise, the use of the Site is subject to all notices, regulations of use and instructions, made known to the User by The Poet, which replace, complete and / or modify this Legal Notice.

"Content" means all kinds of literary, journalistic, scientific, technical, artistic works and / or databases that are available or accessible on the Site, regardless of their mode of expression (printed media or in the form of magnetic, optical media or similar, data message, forums, chats, software, databases, multimedia material, own texts, graphics, videos and each and every one of the features found on the site).

2. Object

Through the Site, The Poet provides Users with access and use of various content or services (hereinafter, the "Content and / or Services") made available and provided by The Poet. The contents provided by The Poet are of its entire intellectual production, protected to the fullest extent by national and international copyright law. Likewise, the services offered by The Poet in the Site are for the creation of tailored content, and the author's rights over said creations are those of The Poet, providing a license for use over said contents to the User, which is of limited use, not redistributable to third parties, and not to be used for commercial use, not even in the form of derivatives.

3. Conditions of Access and Use of the Site

3.1. Free access and use of the Site

Access to the Content and / or Services offered on the Site are free for Users. Notwithstanding the foregoing, some of the Content provided by The Poet or by third parties through the Site, may be subject to payment in the manner determined in their particular conditions. Likewise, certain services are offered in relation to the Contents following the rules specified in these terms and conditions.

3.2. Obligation to make proper use of the Site and the Services

The User agrees to use the Site and the Contents in accordance with the Law, this Legal Notice, the Particular Conditions of certain Contents and / or Services and other notices, regulations of use and instructions made known to them, as well as in accordance with public order, morality and good manners.

For this purpose, the User will refrain from using any of the Content and / or Services for illicit purposes or activities, prohibited by Law, harmful to the rights and interests of third parties, or that in any way may damage, disable, overload, deteriorate or prevent the normal use of the Content and / or Services, the computer equipment or documents, files and all kinds of content stored on any device of The Poet, other Users or any Internet User.

4. About the intellectual creations

All the content provided in The Site is the creation and authorship of A.V.O. (referred in this document as “The Poet”). Copyright is exercised on all the content under national and international legislation, being the authorship of The Poet fully acknowledged for all the content. Any use by third parties of such content, for commercial use and/or derivatives without explicit permission of The Poet, will be prosecutable under current legislation.

5. No Distinctive Signs License

All brands, trade names or distinctive signs of any kind that appear on the Site are the property of their respective owners. The use or access to the Site and / or the Contents and / or Services do not give the User any rights over the mentioned brands, commercial names and / or distinctive signs.

6. Exclusion of Guarantees and Liability

6.1. Exclusion of guarantees and responsibility for the operation of the Site and the Contents and / or Services

The Poet, to the fullest extent permitted by the law, will not have any liability for damages of any kind that may be due to the lack of availability or continuity of the operation of the Site and of the Contents and / or Services, to the disappointment with the utility that users may have attributed to the Site and the Contents and / or Services, to the fallibility of the Site and of the Contents and / or Services, and in particular, although not exclusively, to failures in access to the different web pages of the site or those from which the services are provided.

The Poet does not guarantee the privacy and security of the use of the Site and of the Contents and / or Services, and, in particular, does not guarantee that unauthorized third parties may not have knowledge of the type, conditions, characteristics and circumstances of the use that the Users make of the Site and the Contents and / or Services. Notwithstanding the foregoing, The Poet will safeguard, with all available technical means, the personal data that users have provided for any service offered on the Site. Likewise, the users’ information will not be provided to third parties for financial gain.

6.2. Exclusion of guarantees and liability for the Content and Services provided through the Site

The Poet, to the fullest extent permitted by the law, will not have any liability for damages of any kind that may be due to the presence of viruses or the presence of other elements in the Contents and / or Services provided by third parties through of the Site that may produce alterations in the computer system, electronic documents or files of the users.

The Poet does not guarantee the legality, reliability and usefulness of the Contents and / or Services provided by third parties through the Site.

The Poet, to the fullest extent permitted by the law, will not have any liability for damages of any kind that may be due to the transmission, dissemination, storage, availability, reception, or access to the Contents and / or Services. All the creations offered by The Poet in the Site are of its authorship unless it explicitly indicates that it belongs to third parties.

6.3. Exclusion of guarantees and responsibility for information, content and services hosted outside the Site

The Site may make available to the Users technical linking devices (such as links, banners, buttons), directories and search tools that allow Users to access websites belonging to and / or managed by third parties (hereinafter, "Sites Linked "). The installation of these links, directories and search tools on the Site is for the sole purpose of providing Users with the search and access to information, content and services available on the Internet.

7. Duration and Termination

The provision of the Site’s service and of the other Contents and / or Services has, in principle, an indefinite duration. The Poet, however, is authorized to terminate or suspend the provision of the service of the Site and / or any of the Contents and / or Services at any time, without prejudice to what has been provided in this regard in the corresponding Particular Conditions. When it is reasonably possible The Poet will previously warn the termination or suspension of the provision of the Site’s service and of the other Content and / or Services.

8. Personal Data and Privacy

To use some of the Services, Users must previously provide The Poet with certain personal data (hereinafter, the "Personal Data"). The Poet will manage the Personal Data in order to keep a record, perform activities to meet the requests of the Users, and also may share personal data with its related companies and third-party business or technology partners.

The Poet reserves the right to send its users notices of publication of information and other content linked to those provided in the Site; before sending their Personal Data, users must provide their consent and make use of the means available to provide their authorization for this purpose.

In order to make use of the rights recognized in the Data Protection legislation of 1998, users must utilize the means of contact provided in "The site".

9. Intellectual Property

The contents and information, as well as the works presented on the Site, are owned by The Poet, their respective authors or the persons and entities that own the rights thereof, according to what is indicated in each particular work.

Regarding the content and proprietary information of The Poet, it may be reproduced, distributed and used for non-commercial purposes and/or non-commercial derivative work, unless otherwise indicated for a particular work, and in any case, it must indicate The Poet as the source.

Regarding the content, information and works owned by third parties, they are governed by the particular licenses that each author or owner stipulates for their works; but in principle, the User may not use, reproduce, publicly communicate, transform, distribute, rent, publicly lend, redistribute or retransmit such works without the consent of their respective authors or owners, and always in accordance with the principle of honest use.

10. About the Services

10.1. Services of Tailored Poetry and Letters

The request of services of Tailored Poems or Letters (from now on, Tailored Poems or Letters) on the part of a user recognizes that the resulting intellectual creation is of complete authorship of The Poet, being that The Poet provides an exclusive license for non-commercial use, not sub-licensed to third parties, of universal and unlimited temporary access, for use in digital format and not to be used partially or totally in derivative works.

As part of the development of the Tailored Poems or Letters it is possible that the User is required to provide personal data or data about third parties for the preparation of the Tailored Poem or Letter, or additional information required for that purpose, without any of the information provided being considered as an input for the intellectual creation, beyond reference information, but not constitutive of the work.

The payment made for the Tailored Poems or Letters, or for other projects that the User request through The Site, will not be refundable under any circumstance. Being that it constitutes a payment for a license of non-commercial use of a certain work of authorship and exclusive property of The Poet.
The Tailored Poem or Letter requested will be sent to the User in digital format (PDF file), within a period of 5 working days from the moment the order is confirmed by The Poet, to the electronic address indicated by the user when the order was placed.

The period to complete other special projects agreed between the User and The Poet will be defined on a case by case basis, at The Poet’s discretion.

It is the right of The Poet to reject any payment or service order, in its sole discretion, of a service request that is contrary to the law, good customs, morality, or principles of The Poet.

10.2. Tailored Images Services

The application of tailored image services (hereinafter Tailored Images) by a user acknowledges that the resulting intellectual creation is completely authored by The Poet, since The Poet recognizes an exclusive license for non-commercial use, not sublicensed to third parties, of universal and unlimited temporary access, for use in digital format and not to be used partially or totally in derivative works.

As part of the development of the Tailored Images, it is possible that the User will be required to provide their own or third party personal data for the tailoring of the tailored image, in the same way, complementary information may be required, without any of the information provided being considered as an input for the intellectual creation, beyond reference information, but not constitutive of the work.

The payment made for the Tailored Image will not be refundable under any circumstance. Being that it constitutes a payment for a license of non-commercial use of a certain work of authorship and exclusive property of The Poet.

It is the right of The Poet to reject any payment or service order, in its sole discretion, of a service request that is contrary to the law, good customs, morals, or principles of The Poet.

11. Applicable Legislation

This Legal Notice is governed in each and every one of its points by the laws of Ottawa (Ontario), Canada, with the exclusion of any norm of its private international law system or that refers to the application of any law that is not Canadian (national or state), renouncing the visitor and / or User to any other law to whose application it may be entitled.

12. Modification of the Website

The Poet reserves the right to eliminate or modify any part of the Site, the Content or the Services offered through it, at any time and without prior notice. Likewise, The Poet reserves the right to make the changes it deems appropriate in these terms and conditions.

13. Duration and Termination

The validity or existence of the Site has, in principle, an indefinite duration. Notwithstanding the foregoing, The Poet is authorized to terminate or suspend the provision of the Site and / or the contents and / or any of the Services offered at any time, without prejudice to what has been provided in this regard in the corresponding Particular Conditions. When it is reasonably possible, The Poet will previously warn the termination or suspension of the provision of the service of the Site.

14. Nullity

In the event that any provision or provisions of these specific Terms and Conditions are considered null or inapplicable, in whole or in part, by any competent court, tribunal or administrative body, said nullity or non-application shall not affect the other provisions, nor the General and / or Specific Terms and Conditions of the different contents and / or specific services offered by The Poet.

15. Contact information

You can contact [email protected] for questions about these terms and conditions.