GENERAL TERMS AND CONDITIONS OF USE OF TALENSEN
At Talensen we care about clarity of information when using our website and hiring our services. Therefore, we explain below our general terms and conditions of use which are applicable when accessing them:
These general terms and conditions of use (hereinafter the "Terms and Conditions") regulate the rights and obligations arising from access, navigation and use by users of the website.
o Being a person with sufficient capacity to contract, being solely responsible for the truthfulness and accuracy of the data provided.
o Assuming all the obligations set forth herein.
Conversely, if you do not agree with these Terms and Conditions or any part of them, you may refrain from using our Website and/or the services offered.
We distinguish our users as follows: (a) Unregistered Users: those who access and navigate through our website without registering in it,(b) Registered Users: Category in which we differentiate two "subtypes": (i) The "Experts" and (ii) The "Companies, that use our services and access the website to get information or make consults. For the purposes of these Terms and Conditions, we will refer to both Registered and Unregistered Users together, as "Users".
We recommend that you periodically read these Terms and Conditions each time you access our website and/or our services.
1. - Responsible
The Data Procesor is ALBERTO ORTIZ ,,,,, (hereinafter "Talensen"), DNI/NIF […] and domiciled in […] telephone number […] and e-mail […].Moreover, he is also the owner and proprietor of the website in the domain https://talensen.artdigital.pro (hereinafter, the " Website").
2. - Services
The purpose of Talensen is to provide a Website that functions as a communication channel in for the Users, in order to improve their respective professional relations and even create new jobs or provision of services
Talensen reserves the right to modify without prior notice, the design, presentation and/or configuration of the Website, as well as to add new services (hereinafter, the "Services").
The use of certain Services offered to Users through the Website may be subject to specific conditions of their own (hereinafter referred to as "Particular Conditions") which, depending on the case, replace, complete and/or modify these Terms and Conditions. Therefore, before contracting and using our Services, we recommend the User to carefully read the Terms and Conditions, as well as the Particular Conditions, which will be binding once the Services have been registered or accepted. In case of conflict between the Terms and Conditions and the Particular Conditions, the latter ones that may have been established will prevail.
3.- User registration process
When you register as an Expert or Company, the User accepts all our legal texts contained in the Website, which are fully binding. Therefore, we recommend that you read them before proceeding with your registration.
All the data required in the registration process, whether as an Expert or Company must necessarily be completed, so that failure to complete them releases Talensen from any obligation or action related to such information.
Only a natural person fully capable is able to register himself or herself as an Expert. In the case of Companies, only a natural person with the corresponding powers of representation can be registered as a "Company" . To do this, the contact information of the natural person and the information of the Company itself must be completed. The power of attorney of the natural person who does all this on behalf of the registered Company will be presumed.
All the information provided as a User must be truthful. To this effect, the User guarantees the ownership, authenticity and update at all times of the data that communicates as a consequence of the completion of the contact forms, being the only person responsible for the false or inexact declarations that makes and the damages that causes to Talensen and/or third parties due to the information provided.
4.- User obligations
The User agrees to make diligent use of the Website, subject to the Law, good customs and these Terms and Conditions (including the Particular Conditions where applicable and other legal texts).
It is forbidden to:
a) host, store, disclose, publish, distribute, make available or share through our Website any content or material (including but not limited to text, trademarks, logos, links, sound, audio or image files, graphics, etc.);
i. over which the User does not have the right or consent or are not entitled to reproduce, transmit, disseminate, distribute or make available to third parties;
ii. that infringes or violates industrial or intellectual property rights, confidentiality or personal rights of third parties (such as copyright, the right to honor, privacy and one's own image, etc.) or in any way that is contrary to, disregards or infringes upon fundamental rights and public freedoms recognized in the applicable legislation or any other industrial and/or intellectual property rights recognized by the legislation of any country in which such rights may be deployed (such as moral rights);
iii. may damage, render useless, overload, deteriorate or incorporate viruses (or other physical or electronic elements) that may prevent the normal use and operation of our Website, or damage the materials and information contained in the Website, the information systems or the documents, files and all types of content stored in any computer equipment (hacking) of Talensenor of any User;
iv. induce, incite, promote, criminal, denigrating, defamatory, infamous, violent or, in general, contrary to the law, morals and generally accepted good customs or public order;
v. incorporates, makes available or allows access to content, products and/or services that are criminal, pornographic, violent, offensive, harmful, or that incite, induce or promote discriminatory actions, attitudes or thoughts based on sex, race, religion, beliefs, age or condition;
vi. is false, ambiguous, inaccurate, exaggerated or untimely, in a manner which misleads or is likely to mislead as to its subject matter or the intentions or purposes of the caller;
vii. constitutes, in its case, illicit, deceptive or disloyal publicity and, in general, unfair competition, including the use of information, contents or other data seen or obtained through Talensen or in any way undermine the credit and image of Talensen;
b) Using the Website to offer your own services and/or those of third parties or those that compete with Talensen.
c) Any activity not expressly authorized in these Terms and Conditions and Particular Conditions where applicable.
5.- Content and link publication
The Website offers the Services and/or contents related to Talensen’s activity, these being merely informative, without in any case being able to guarantee their accuracy. Additionally, the Website may contain links to third party domains whose ownership and management corresponds to said independent third parties over which Talensen has no control or ownership whatsoever. Therefore, Talensen does not guarantee or take responsibility, in any way, for those contents, commercial activities, products and services included in the Website that may be linked, directly or indirectly, to the Website. The presence of such links, unless expressly stated otherwise, is merely for informative purposes and in no case implies a suggestion, invitation or recommendation about them, it being up to the User to verify as much information as they consider appropriate.
6.- Intellectual and Industrial Property rights
By way of example and without limitation, the texts, designs, images, audio, databases, images, logos, structure, brands and other elements of the Website are protected by the intellectual and industrial property rights of Talensen and/or third party owners with the appropriate authorizations.
Talensen reserves all the rights of exploitation over all intellectual and industrial property contained in the Website so, in no case, will it be understood that access, navigation and its use implies a renunciation, transmission, license or total or partial assignment of said rights.
Any reproduction, transmission or distribution, adaptation, translation, modification, communication to the public, or any other exploitation of all or part of the content of our Website, carried out in any form or by any means, electronic, mechanical or other, is strictly prohibited unless previously authorized in writing by Talensen or third party owners. Any infraction of these rights will be able to give rise to as many extrajudicial or judicial civil or penal procedures that correspond. Nonetheless, it is possible to establish a link to our Website address as long as it is not related to false, inaccurate, incorrect, misleading or confusing statements or that are contrary to the law, morals or good customs. Likewise, the Website may not be altered, changed, modified or adapted in any way. The User only has the right to strictly private use with the purpose of enjoying the contents and Services in accordance with these Terms and Conditions.
7. - Warranties and Liability Disclaimer
Talensen makes every effort to avoid any error in the contents that may appear on the Website. However, does not guarantee, nor does it take responsibility for the consequences that could be derived from errors in its own contents or those of third parties that could appear, nor does it assume any responsibility derived from the veracity, exhaustiveness, exactness, legality and/or reliability of the information provided, reserving the right to update, modify and delete contents, services and, in general, all designed elements and configuration of the Website at any time without prior notice.
Likewise, Talensen reserves the right to monitor access and/or use of the Website as well as to adopt the necessary technical measures in order to control and verify that use is being made in accordance with these Terms and Conditions and current legislation and, consequently, we reserve the right to do so without prior notice, the right to (i) suspend, eliminate, limit or prevent access to the Website and/or the Services when (a) anomalies or technical difficulties arise due to events or circumstances beyond our control and will that diminish or annul the levels of security and capacity adopted for the adequate functioning or (b) for maintenance reasons. Talensen has adopted, within its possibilities and the current state of technology, all reasonable measures in order to guarantee the correct functioning of the Website.However, under no circumstances it is guaranteed the reliability, availability or continuity of the Website, and therefore its use by Users is carried out at their own risk, without Talensen being held responsible in this respect at any time.
In addition, Talensen do not assume any liability, including but not limited to, for
i. Problems caused to computer systems or those caused by the introduction of viruses and other computer codes, as well as possible security errors, failures or incidents that may befall in communications, deletion or incomplete transmissions that may occur. It is the responsibility of each User to have the appropriate tools for the detection of harmful computer programs.
ii. The use of the contents and offers provided on the Website, whether prohibited or permitted, in violation of the intellectual and/or industrial property rights of the Company or third parties.
iii. The contents of those pages to which the Users can access from links included in the Website.
iv. The acts or omissions of third parties, regardless of whether these third parties may be linked to Talensen by contract.
v. Errors or delays in accessing the Website when entering data in the corresponding form or any anomaly that may arise when these incidents are due to problems in the internet network, causes of a fortuitous case or force majeure and any other unforeseeable contingency beyond the good faith and control of Talensen.
vi. Errors or damages produced by the use of the Website inefficiently and in bad faith by the User.
The User guarantees to Talensen that you rigorously comply with these Terms and Conditions exempting Talensen from any potential responsibility in this respect and you must hold harmless and, if necessary, compensate and indemnify Talensen, its directors, employees, affiliates, agents and any other related persons, with respect to any claims, responsibilities, sanctions, damages, losses, expenses or any other concepts that are a consequence of any breach of these Terms and Conditions.
8. Applicable law and competent jurisdiction and online dispute resolution ("ODR")
Any controversy or conflict that may arise from the access and use of the Website will be governed by Spanish legislation and will be subject to the exclusive jurisdiction of the Courts and Tribunals of Barcelona, with express waiver of any other jurisdiction that may correspond to the User.
Talensen reserves the right to modify these Terms and Conditions due to updates or changes and legal needs, as well as due to improvements and changes included in the way Talensen offers and provides its services.
If during the reading you have had any doubts or questions about our Terms and Conditions or our Services, you can write to the abovementioned addresses.