Definitions

  1. The Website means poetsofmodernity.xyz, a Canadian website hosted on server(s) located within Canada and subject to Canadian Copyright Law.
  2. Source Material means literary works in their original language of publication, used as sources for the production of Translated Material.
  3. Translated Material means any transformative works, produced via translation of Source Material, offered via the The Website.
  4. Adapted Material means Translated Material subject to Copyright and Similar Rights that is derived from or based upon the Translated Material and in which the Translated Material is translated, altered, arranged, transformed, or otherwise modified in a manner requiring permission under the Copyright and Similar Rights held by the Translator.
  5. The Translator means the individual holding Copyright and/or Similar Rights and/or Moral Rights on any Translated Material offered via The Website.
  6. Commercial purpose means a purpose primarily intended for, or directed towards, direct, indirect or incidental commercial advantage or monetary compensation.
  7. Non-Commercial purpose means a purpose not primarily intended for or directed towards direct, indirect or incidental commercial advantage or monetary compensation.
  8. Copyright and Similar Rights means copyright and/or similar rights closely related to copyright including, without limitation, performance, broadcast, sound recording, and Sui Generis Database Rights, without regard to how the rights are labeled or categorized.
  9. Sui Generis Database Rights means rights other than copyright resulting from Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases, as amended and/or succeeded, as well as other essentially equivalent rights anywhere in the world.All rights are reserved by default.
  10. Moral Rights means the rights of creators of copyrighted works including, but not limited to, the right of attribution, the right to have a work published anonymously or pseudonymously, and the right to the integrity of the work.
  11. Exceptions and Limitations means fair use, fair dealing, and/or any other exception or limitation to Copyright and Similar Rights that applies to use of the Translated Material.

Conditions

The following statement clarifies the intentions of the the Translator in offering Translated Material on The Website. The underlying intention of the Translator is to make Translated Material freely available for those not seeking to derive Commercial gain from its use. Notwithstanding this intention, the limitations stated below apply to all Translated Material without exception.

  1. Copyright and Similar Rights relating to the Translated Material are held by the Translator and are reserved by default.
  2. Copyright and Similar Rights relating to Source Material, used as sources for the production of Translated Material, remain the property of the relevant individual(s) or entity(ies).
  3. In legal jurisdictions where the Source Material is in the public domain, the Translated Material may be reproduced, stored, transmitted, distributed or displayed; electronically or otherwise; free of charge; for any Non-Commercial purpose without permission from the Translator.
  4. In legal jurisdictions where the Source Material is in the public domain, Adapted Material may be created from the Translated Material, either copied verbatim, or with modifications and/or translated into another language, for Non-Commercial purposes only, without permission from the Translator. The Translator acknowledges that such derivatives or modifications may not meet with their personal approval, but nevertheless wishes to offer free Non-Commercial use of the Textual Content of the Translated Material. The Translator disassociates themselves, however, from any views expressed, or impressions communicated in Adapted Material created by others, except where explicit endorsement has been obtained from the Translator themselves. The Translator take no responsibility for abuses of other copyright, or breaches of any law, incurred by such derivation or modification, or by use of the Translated Material in general.
  5. Translated Material may not be used for Commercial purposes unless explicit permission is obtained from the Translator. This includes Not For Profit organisations who may receive payment for all or part of the Translated Material, in hard copy or electronic form, or via on-line access, or via public performance. In general Not For Profit organisations, and individual creative endeavours of various kinds, will be viewed favourably but potential users should still seek permission. Companies and organisations seeking to make Commercial use of the Translated Material must always seek permission before attempting to use any of the Translated Material, and will be required to enter into a binding agreement before they may do so.
  6. Where the Translated Material is used for Non-Commercial purposes, attribution of the Translated Material to this site and to its Translator is not mandatory but would be appreciated. Commercial users may be required to display a formal attribution as part of an agreement.
  7. Any permission given for Commercial use will normally be a non-exclusive right to utilise the Translated Material for a defined purpose, but in all cases specific agreement is required as to the terms and conditions of use.

For the avoidance of doubt, this statement does not, and shall not be interpreted to, reduce, limit, restrict, or impose conditions on any use of the Translated Material that could lawfully be made without permission under this statement.

Disclaimer of Warranties and Limitation of Liability

  1. Translated Material is offered, where relevant, as transformative works under the Exceptions and Limitations of literary research, private study, education and criticism.
  2. Unless otherwise separately undertaken by the Translator, to the extent possible, the Translator offers the Translated Material as-is and as-available, and makes no representations or warranties of any kind concerning the Translated Material, whether express, implied, statutory, or other. This includes, without limitation, warranties of title, merchantability, fitness for a particular purpose, non-infringement, absence of latent or other defects, accuracy, or the presence or absence of errors, whether or not known or discoverable. Where disclaimers of warranties are not allowed in full or in part, this disclaimer may not apply.
  3. To the extent possible, in no event will the Translator be liable on any legal theory (including, without limitation, negligence) or otherwise for any direct, special, indirect, incidental, consequential, punitive, exemplary, or other losses, costs, expenses, or damages arising out of use of the Translated Material, even if the Translator has been advised of the possibility of such losses, costs, expenses, or damages. Where a limitation of liability is not allowed in full or in part, this limitation may not apply.
  4. The disclaimer of warranties and limitation of liability provided above shall be interpreted in a manner that, to the extent possible, most closely approximates an absolute disclaimer and waiver of all liability.