7 febrero, 2019

Legal Notice and Terms of Use

Last update:

30th April 2019

1. Introduction

Secret Poems onwards «Secret Poems» or «SecretPoems.com» offers users the possibility to read, visualize, listen (or combinations of them) literature created by Secret Poems through the website SecretPoems.com, hereafter, “the website»

The user of the website must read and accept the conditions of these Terms of Use, hereinafter «the Terms». The mere access or use of the website, whether registered or not, of all or part of its contents or services means full acceptance of these general conditions of use, and constitutes a legal agreement between the user and Secret Poems. The non-acceptance of the Terms implies the loss of the right to use the website and to obtain information about it.

2. Terms of Use

The Terms of Use regulate the access and use of the website, including the services offered on it and the content made available to users. However, the Terms do not exclude the possibility that certain services or contents offered by the website are subject to specific conditions of use.

In the same manner, it is reported that the website can be used by all people, however, it can, at some point, include less appropriate language for children under 13 years of age. Therefore, if the user is under 13 years, they must request permission and supervision from their parents or tutors, and not send requests without their consent. Therefore, the user accepts without conditions that the access and use of the website is exclusively his/her responsibility.

The access to the website is free, not requiring prior registration or subscription for its use.

Secret Poems keeps the right to refuse service to any person, for any reason at any time.

3.   Updates of this Terms

Secret Poems keeps the right to unilaterally modify the Terms of Use of the website at any time.

Likewise, Secret Poems keeps the right to unilaterally modify the content or configuration of the website; as well as eliminate it, limit it or suspend it temporarily or permanently.

Any new function or functionality will also be subject to the Terms of Service. The user can review the updated version of the Terms of Service at any time on this page. The continued use or access to the website after the publication of any change constitutes the acceptance of such changes.

The user is committed to not to copy, duplicate, reproduce, sell, resell or exploit any part of the website, its access or any contact on the website without the express written permission of Secret Poems.

In any case, it is recommended that the user periodically, or at least occasionally consult these Terms of Use, since they may be modified.

4. Obligations of the User

The user shall respect at all times these Terms of Use. The use of the website for any illegal or unauthorized purpose is prohibited. The user states, therefore, specifically that he/she will use the website in an honest and legal manner in accordance with the current legislation and respecting the intellectual property rights of third parties, and that he or she assumes any liability that may arise from the non-compliance of the rules and regulations of the present Terms.

Therefore, the user states that the use of the website and that the activities developed therein will be adapted to good manners, morals, public order and the law, and in no case will result offensive for Secret Poems, other users or service providers through the website, or third parties.

Likewise, the user may not use the website to transmit, store or distribute data that may be susceptible to carrying computer viruses or any code of a destructive nature that may damage, interfere with, interrupt or damage the operation of any communication program or system. the website or third parties; as well as to intercept, intervene or alter the electronic mail or other means of communication of the other users.

The user guarantees that the information and data entered in the website (including without restriction any visual material that is provided to the website, or through it) are true, complete, accurate; do not infringe the copyright of third parties, trademarks, privacy rights; they are not fraudulent, defamatory, obscene, humiliating, discriminatory, xenophobic, racist, contain pornography or mistreatment. In addition, the user is responsible for them and guarantees that the data do not violate any law or regulation. It is also prohibited to use the website for any illegal purpose or to ask or compel others to perform or participate in illegal acts at local, provincial, regional, national or international levels. The user also undertakes not to collect or track personal information of others, generate spam, or use the website with any other purpose such as immoral, obscene, ridicule, harassment, abuse, insult, damage, defamation, slander, discredit, discrimination, intimidation , or to circumvent the security elements of the website. The user expresses that he/she is solely responsible for the comments he/she may make in the website and its accuracy. Secret Poems is not responsible and assumes no obligation with respect to comments posted by users or any other third party.

Similarly, the user agrees to keep secret the password or identifiers provided as a result of registration in the Portal, when necessary, being responsible for their custody and confidentiality.

The user is committed not to copy, duplicate, reproduce, sell, resell or exploit any part of the website, its access or any contact on the website without the express written permission of Secret Poems.

The violation or breach of these Terms will result in the cessation of the services offered to the user.

The user agrees to indemnify, defend and hold harmless Secret Poems from any lawsuit, including reasonable lawyer’s fees, made by any third party because of or as a result of breach of the Terms or the violation of any law or rights of a third party.

5. Assignment of Rights to Use Information

The user grants universal, perpetual, irrevocable, without royalties and with the ability to sublicense, to Secret Poems the right to use, exercise copyright and publicize the data (not personal data) and information provided to the website (including any visual information in any format), in any means.

6. Exclusion of Guarantees and Responsibility for the Operation of the Website and its Services

Secret Poems does not guarantee the availability and continuity of the functioning of the website or that the use of the offered service will be uninterrupted or free of errors. The user accepts that Secret Poems may cancel the service for indefinite periods of time or cancel the service at any time without prior notice. Therefore,  Secret Poems is exempt from any liability for damages that may be caused by the lack of availability and continuity of the operation of the website.

The user accepts that the use of, or the possibility of using, the service is at his/her own risk. The service and all products and services provided, or that may be provided in the future, through the website are (except as specifically stated by Secret Poems) provided «as it is» and «as available» for use, without any type of representation, warranties or conditions of any kind, either expressed or implied, including all warranties or implied conditions of commercialization, marketable quality, fitness for a particular purpose, durability, title and non-infringement.

In no case Secret Poems will be responsible for any damage, loss, claim, or direct, indirect, incidental, punitive, special or consequential damages of any kind, including, without limitation, loss of profits, loss of income, loss of savings, loss of data, replacement costs, or any similar damage, whether based on contract (including negligence), strict liability or otherwise, as a consequence of the use of any of the services or products purchased through the website, or by any other claim related in any way to the use of the service or any product, including but not limited to any error or omission in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) published, transmitted, or made available through the service, even if notified. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, the responsibility of Secret Poems will be limited to the maximum extent permitted by law.

In addition, Secret Poems has no obligation to control and therefore can not guarantee that the use that users do of the website is for honest purposes and that they may infringe the Terms that are presented here. Secret Poems does not have the obligation to verify the identity and veracity of the data that users provide about themselves to other users.

Secret Poems does not guarantee that the quality of the services, information or other material acquired or contracted through the website complies with the user’s expectations, or that any error in the service will be corrected.

The user accepts that the website has been created in good faith by Secret Poems and that it is offered «as it is» and as available for its use.

In addition, any ambiguity in the interpretation of these Terms will not be construed against Secret Poems.

7. Accuracy in the Information.

Secret Poems is not responsible for the fact that the information available on the website may be inaccurate, incomplete or outdated. The information provided by the website has the purpose of general information, and should not be relied upon exclusively for decision making without previously consulting more accurate or complete information. The exclusive reliance on the information of the website is at the risk of the user.

The website may contain historical information that is not necessarily updated. Secret Poems keeps the right to modify the content of the website at any time, but does not have the obligation to update it. It is the user’s obligation to monitor the changes in the website.

8. Optional tools or access to third parties

The website may provide access to third-party tools over which Secret Poems has no control or monitoring. The user acknowledges and accepts that access to this type of tools is provided «as is» and «according to availability» without guarantees, representations or conditions of any kind and without any support. Secret Poems does not have any responsibility derived from the use made with tools provided by third parties. The user is responsible for the use made of these tools.

The website may contain links from third parties that are not affiliated with Secret Poems. Secret Poems is not responsible for examining or evaluating the content of the websites to which the link is directed, nor is responsible for any material, content, information, products or services of third parties. Secret Poems recommends the user to carefully read the policies of third parties and ensure their understanding before making any transaction. Any complaint, question or request regarding third parties must be made to them.

Secret Poems has the right to offer new services or features through the website that will also be subject to these Terms.

9. Intellectual and Industrial Property Rights

Secret Poems and its legitimate owners have expressly reserved all the rights on the content of the website, brands, labels, designs, logos, drawings, photographs, documents, computer programs or any other content that can be protected by intellectual and industrial property. They are therefore protected by current national and international legislation for the protection of intellectual and industrial property. The logos, brands, labels or distinctive signs of other entities or companies that may appear on the website belong to their legitimate owners and retain their exploitation rights; its appearance in the website is by consent.

The creation of links or hyperlinks to the website from other websites without the consent of Secret Poems is prohibited unless otherwise indicated.

Secret Poems reserves, in any case, all the rights over the contents and the service offered by the website. Secret Poems does not grant any authorization to use the contents, information or services, other than the ones detailed in these Terms.

10. Personal Information

The personal information presented through the website follows our Privacy Policy.

11. Divisibility

In the case that any provision of these Terms is determined to be unlawful, nule or not-applicable, such provision will be effective to obtain the maximum extent permitted by the applicable law, and the non-applicable part will be considered separate from these Terms, such determination will not affect the validity or applicability of the remaining part.

12. Rescission

The obligations and responsibilities of the parties that have incurred prior to the termination date will survive the termination of this agreement for all purposes

These Terms are effective unless terminated by the user or by Secret Poems, and up to that date. The user can terminate these Terms at any time, by notifying Secret Poems that he/she no longer wish to use the services offered by the Portal, or when he/she stops using it.

If, in the opinion of Secret Poems, we suspect that the user has failed to comply with the Terms, Secret Poems may terminate this agreement at any time without prior notice, and the user will remain responsible for all amounts owed until the date of expiration. termination; and consequently access to the website may be denied.

13. Applicable Legislation

These Terms and any specific agreement that may be provided shall be governed by and construed in accordance with the Laws of Spain and the European Union. For any claim, the competent courts and tribunals will be defined at every specific moment.

14. Notifications

All notifications and communications that the user wishes to make to Secret Poems must be made in writing, and it will be understood that they have been correctly made when they are received at the following address: C/ Severo Ochoa, No. 11 2-1, CP 13005, Ciudad Real, Spain.