LEGAL

TERMS AND CONDITIONS OF THE SERVICE

PROVIDER IDENTIFIER

• Owner: Blackout Studio, SL
• Registered office: C/ Roger De Flor, 3. – 08170 – Montornes Del Vallés (Barcelona)
• CIF/NIF: B02920106
• Public Registry: Registered in Registro Mercantil de BARCELONA Tomo 47597, Folio 83, Sección ª, Hoja 556670, Inscripción 1ª.
• Phone:
• E-mail: xavi@barcelonatd.com

OBJECT

Through this text we make available to all users and clients the conditions of use and registration that are applicable to our online service platform https://talktips.tv and the services we provide, reflecting all the rights and obligations of the parties.

All users who visit or access our platform and/or who use any of the services that we make available, accept the conditions of use and the privacy policy, as well as the different modifications and/or additional legal texts that are included in the future. If you do not agree with any of the conditions, you can unsubscribe from the service at any time or, if you are not a registered user, leave the platform.

Along with these conditions, each of the services provided may be regulated by conditions of use and registration of a particular nature, it being mandatory in any case that the user expressly accept them before their use and/or contracting.

REGISTRATION AND USER ACCESS

1. REGISTRATION PROCEDURE

Any user, as long as they are over 18 years of age and hold sufficient power in the event of acting on behalf of and on behalf of a third party, be they a natural or legal person, can register on our platform.

To do this, you only have to access the form provided for this purpose, enter the requested data and accept the conditions of use and registration, as well as the privacy policy that will govern the relationship between the user and the provider.

Through the username and password entered during the registration process, the user will be able to access the platform to contract and manage its services and information, as well as complete its user profile.

ELECTRONIC PROCUREMENT OF SERVICES

1. PRIOR INFORMATION APPLICABLE TO ELECTRONIC PROCUREMENT

In accordance with the provisions of article 23 et seq. of Law 34/2002 on services of the information society and electronic commerce, contracts entered into electronically will produce all the effects provided for by the legal system, provided that the consent of both parties and this can be accredited.

For these purposes, it will be understood that the monitoring of all phases of the registration process and, where appropriate, the payment of the corresponding economic amount, necessarily implies the provision of the express consent required for contracting the service.

In the same way, and in accordance with the provisions of article 27 of Law 34/2002 on services of the information society and electronic commerce, it is made available to users, prior to the start of the contracting procedure, all the information related to it.

The contracting conditions indicated below are directly applicable to the contracting of all the services made available through the web portal https://talktips.tv, unless expressly provided otherwise.

2. RECRUITMENT PROCEDURE

The contracting procedure for services is carried out completely electronically through our platform, without the physical presence of the parties and/or external physical transaction at any time.

Any person with Internet access can carry out the contract, with the only prerequisite being to have registered as a user, this being essential to be able to start the contracting procedure.

The phases of the contracting procedure are visible to users throughout the contracting procedure. 3 phases can be distinguished:

• User identification.
• Selection of the service and form of payment.
• Confirmation of the service.

The user must only select the service that he wishes to purchase and press the purchase button provided for this purpose. In this way, the contracting procedure will begin, which will always follow the steps indicated above for all available services.

Once the service, quantity, applicable taxes, total price and means of payment have been selected, the platform will show the user a summary of the contract made, together with the applicable contract conditions, which in any case must be expressly accepted. by the user to be able to follow the contracting process.

Once the acceptance box of the contracting conditions has been checked, if any of the electronic means of payment have been selected, the user will be directly redirected to the corresponding external payment platform to make the payment, without https:/ /talktips.tv has the possibility of accessing the user’s credit card and/or payment system data at any time.

The security of the payment procedure is guaranteed by the financial institution.

Once the contracting of the service is finished, a summary screen of the contracting carried out will be displayed.

If the payment by credit card has been selected, this will be carried out through the bank’s POS, a platform completely unrelated and independent of the provider.

Within a maximum period of 24 hours, the contracting party will receive an email in which all the information related to the contracted service will be displayed. This document is confirmation that the contract has been carried out successfully, being valid as a means of accreditation for any type of claim, as long as the corresponding payment receipt is attached.

The provider informs the user that all the contracts made will be registered in a file for the control and management of contracts, in which they will be reflected, together with the information of the contracted services, additional information to guarantee security and evidence of the correct execution. of the procedure.

3. RIGHT TO WITHDRAW FROM THE PROCUREMENT

In accordance with the provisions of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, together with article 45 of Law 7/1996, on Retail Trade, the user has the right to withdraw from the contract during the period from the moment the service has been contracted.

To exercise the right of withdrawal, the user must simply request it in writing to any of the addresses mentioned below, expressly indicating their request to exercise the right of withdrawal:

• Postal Address: C/ Roger De Flor, 3. – 08170 – Montornes Del Vallés (Barcelona)
• Email: xavi@barcelonatd.com

In any case, it is up to the consumer and user to prove that they have exercised their right of withdrawal in accordance with the provisions of this chapter.

Once the request to exercise the right of withdrawal has been received, we will proceed to refund the economic amount paid (without in any case including the shipping and management costs that could have been paid initially) within a maximum period of 14 calendar days from the moment of receipt of the withdrawal and always through the means used to pay for the service, or failing that, by bank transfer.

The exercise of the right of withdrawal requires at all times that the user has not consumed or enjoyed any of the contracted services. In the event that you have consumed any of these services, it will not be possible to exercise the right of withdrawal.

USER OBLIGATIONS

The user undertakes during the term of this contract to:

• Not use the platform or any of the elements that comprise it, to develop time-sharing operations, become a provider of software application services to the extent that they are aimed at making third-party access to the platform or any of its components possible. , through rental operations, administrative services or any other of similar consideration, sharing them or making them available to third parties.
• Not subject the platform or any of its elements to activities aimed, directly or indirectly, at the decompilation of its software, which imply its submission to operations of an inverse nature to those that determined its construction or that, ultimately, constitute or may constitute reverse engineering, decompiling, or disassembling. None of the sections of this contract may be understood as an authorization to access the source code of the platform.
• Do not publish the platform, or use it as a system for the management and exchange of information and/or illegal documentation, contrary to morality or public order, contrary to copyright and/or industrial property rights.
• Not subject the platform to workloads aimed at destabilizing it, including denial of service (DDoS) attacks or similar situations. If this type of situation is detected, the agreed level of service will not apply, being considered an emergency situation, therefore Blackout Studio, SL does not assume any responsibility for the lack of availability of the service.
• Not carry out acts of reverse engineering, taking requirements and other activities aimed at developing an online platform identical or similar to the one made available by https://talktips.tv, this activity being able to be considered an act of unfair competition and violation of the intellectual and industrial property rights that the provider holds on the platform.
• Not translate, adapt, improve, transform, modify or correct the platform or any of the elements that integrate it, not being able to incorporate it into other own software or portals or those provided by third parties.
• Do not withdraw, delete, alter, manipulate or in any way modify those notes, legends, indications or symbols that the provider, as the legitimate owner of the rights, incorporates into its properties in terms of intellectual or industrial property (such as copyright, ©, ® and TM, etc.) either on the platform itself or in the associated material.
• Accept that https://talktips.tv can introduce contextualized advertising on the website or not.
• Pay the economic amounts expressly indicated in this contract in a timely manner.
• Inform the provider of any fact or situation that may have occurred that could jeopardize the security of access by authorized users.
• It is prohibited to force failures or look for security gaps in the platform.

GUARANTEES AND RESPONSIBILITIES

We are deeply committed to ensuring that our services function correctly and in accordance with the conditions agreed with our users. However, sometimes it is possible that situations may arise, especially due to the intervention of ill-intentioned third parties, that could lead to liability.

In this sense, below we indicate those situations in which we are not responsible for the actions of the users, assuming all the derived responsibilities:

• In the event that information appears published on the platform that has not been hosted by us or that, if applicable, has been published by a third party outside the organization.
• In the event that the platform is not operational for technical reasons attributable to third parties or unforeseeable causes and/or force majeure.
• In the event that the user or any third party, disseminates, publishes or distributes on the platform any type of defamatory, insulting, discriminatory material, that incites violence or that goes against morality, public order, fundamental rights, the public freedoms, honor, privacy or the image of third parties.
• In the event that the user or any third party uses the platform to introduce data, viruses, malicious code, hardware or any other instrument or electronic or physical device, and damage is caused to the systems of other users.

The services made available and marketed through https://talktips.tv are provided by third-party companies completely independent of the provider. For this reason, https://talktips.tv is not responsible in the event of specific failures in the continuity of the service or, where appropriate, in the lack of punctual availability of the same.

In the event that the services contracted by the user are not available for a period of more than 72 hours from the moment of notification of the incident, the user is empowered to request the provider to terminate this contract and return the the economic amounts corresponding to the services not enjoyed, which will be duly reimbursed through the same means that the initial payment would have been made or, where appropriate, by bank transfer.

In the event that any of the content accessible through the platform is contrary to current regulations, we promise to proceed with its immediate removal, as soon as we become aware of and corroborate the facts.

INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

From https://talktips.tv we are deeply committed to the protection of intellectual property rights. That is why we have established the following conditions and policies:

1. RELATING TO THE ONLINE PLATFORM

The provider guarantees the user that it is the legitimate owner of the platform and that it is not involved in any type of legal dispute prior to signing this contract.

The user expressly acknowledges that the provider holds all right, title and interest over the platform and the IT developments associated with the service, as well as over all its modules, modifications and updates and over any element and/or functionality that was developed on it, regardless of whether it has been requested by the user or not. For these purposes, it is included without any limitation, the recognition of the provider’s ownership of all copyright, intellectual and/or industrial property, being able to exploit the platform, without any restriction of a temporary, territorial nature, related to means of diffusion or modalities of exploitation and without more limitations than those established in the laws.

The structure, characteristics, codes, work methods, information systems and exchange thereof, development tools, know-how, methodologies, processes, technologies or algorithms that constitute and/or may constitute the platform, are the exclusive property of the provider. , being duly protected by national and international intellectual and/or industrial property laws, and may not be subject to further modification, copying, alteration, reproduction, adaptation or translation by the user, without the prior express consent of the user. lender.

In the same way, all user manuals, texts, graphic drawings, databases, which complement the platform and/or the materials associated with it, are the property of the provider, without being subject to further modification, copying, alteration, reproduction, adaptation or translation by the user.

The provision of the platform in service mode or the mere access by the user does not imply, in any case, the transfer of its ownership, nor the granting of a right of use in favor of the user other than that expressed in these conditions.

In order for the user to be able to use the platform, which is the exclusive property of the provider, the provider grants, by virtue of this contract, a non-exclusive use license in favor of the user, with a temporal scope limited to each connection period, spatial in scope unlimited to the extent that it can be accessed from any computer with the Internet, non-transferable, revocable and non-sublicensable.

In any case, any type of reproduction, imitation, transmission, translation, modification, creation of a derivative work and/or public communication is absolutely prohibited, regardless of the means used to do so, otherwise the infringing user assuming all direct or derivatives that could occur.

For any aspect that is not expressly recognized in this contract, it will be understood that all rights are reserved in favor of the provider, with the latter’s written authorization being necessary to be able to carry it out.

2. RELATING TO THE CONTENTS AND INFORMATION OF THE USERS

All content and information published or managed by users on the platform are the exclusive property of the latter, with https://talktips.tv being a mere service provider of the information society in charge of data storage.

The provider does not receive any type of intellectual property right due to the fact that the user hosts or manages them on its platform, so in no case may it treat them for purposes other than those directly related to the provision of the services actually contracted.

CONFIDENTIALITY AND DATA PROTECTION

In accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free movement of These, all the personal data provided during the use of the platform and during the provision of the services will be treated in accordance with the provisions of the Privacy Policy, which all users must expressly accept in advance in order to register.

All users who accept these conditions of use, accept in an informed, express and unequivocal way our Privacy Policy, assisting in this sense the rights of access, rectification, cancellation and opposition regarding their personal data, being able to exercise them as reported. in the aforementioned Privacy Policy.

TEMPORARY CONDITIONS

These conditions will enter into force on the date of contracting the service and will last for one year, renewing tacitly for annual periods.

Either party may terminate this contract by express written communication to the other party, at least 30 days prior to the start of the following period.

However, those services that are for consumption and that are contracted in packages or promotions, may have a determined and specific duration less than that indicated, which in any case will be shown before proceeding with the contracting.

ECONOMIC CONDITIONS

The rates applicable to each of the services offered through the platform will be solely and exclusively those that are published on the online platform, these being the only valid ones, except for typographical or transcription errors, in which case the provider agrees. to change them immediately.

In the event that the payment method is by direct debit, the user expressly accepts that the provider periodically makes the corresponding economic charges in the user’s bank account within the indicated periods.

The provider reserves the right to cancel the contracts made during a period of 7 days from the moment they are made in the event that it detects the existence of typographical or transcription errors in the price and/or the taxes applied to the transaction.

The provider reserves the right to make any type of modification on the rates of each service, committing itself to publish them on the platform in a visible way for users. Unless otherwise provided, the modification of rates will not be retroactive.

All the contracted services will be duly invoiced and paid for prior to the provision of the services or in arrears, depending on the contracting modality used.

Economic amounts may only be paid by direct debit or by credit card, the provider not having access to any bank or credit card information at any time.

All rates will be increased by the amount corresponding to the taxes in force on the date of issue of the invoice, being duly reflected in the summary of each purchase.

USER SERVICE AND TECHNICAL SERVICE

The provider makes available to the user a user service and technical assistance according to the following characteristics:

• Schedule:
• Phone:
• E-mail:

Unless otherwise provided, the user service will be exclusively provided in Spanish.

TERMINATION OF CONTRACT

This contract may be terminated whenever any of the following circumstances occurs:

• Breach of the obligations set forth in this contract.
• For the course of its duration, provided that one of the parties has expressly stated at least 30 days in advance their desire not to automatically renew the contract.
• The declaration of bankruptcy of the other party, or the initiation of any of said procedures or equivalent before the competent authorities, and the obligations are repeatedly breached by the latter, whether presented by one of the parties or by any third.
• In the event that the corresponding economic amounts are not paid in accordance with the agreed terms and manner. The service will be automatically blocked the day after the non-payment occurs. For its reactivation, it will only be necessary to make the payment of the corresponding economic amount.
• The dissolution, liquidation or loss of legal personality of any of the parties.
• Any change or substantial variation of the essential conditions that were indicated in this contract to carry out the execution of this contract.

In the same way, for the contract to be fully terminated, the user must pay all those economic amounts that were still pending, without the possibility of full termination without compliance with this obligation considered essential.

In the event that the contract is terminated unilaterally by the user, without duly proven and justified cause, the user waives any type of claim for the economic amounts paid to date.

Copyright

The entire content of this website, whether text, images, sound, files, trademarks, logos, color combinations, or any other element, its structure and design, the selection and form of presentation of the materials included in it , and the computer programs necessary for its operation, access and use, are protected by industrial and intellectual property rights, owned by Blackout Studio, S.L. or, where appropriate, its licensors, which the user of this website must respect.

In particular, but without limiting the generality of the user’s obligation expressed in the previous paragraph, reproduction, except for private use, transformation, distribution, public communication, making available to the public and in general any other form of exploitation are prohibited. , by any procedure, of all or part of the contents of this website, as well as its design and the selection and form of presentation of the materials included in it. These acts of exploitation may only be carried out with the prior, express and written authorization of Blackout Studio, S.L. and provided that explicit reference is made to the ownership of Blackout Studio, S.L. of the indicated intellectual property rights.

Unless otherwise established by law, it is also prohibited to decompile, disassemble, reverse engineer, sublicense or transmit in any way, translate or make derivative works of the computer programs necessary for the operation, access and use of this website. and of the services contained therein, as well as carrying out, with respect to all or part of such programs, any of the acts of exploitation referred to in the previous paragraph. The user of the website must refrain in any case from deleting, altering, evading or manipulating any protection device or security systems that may be installed on it.

One-to-One Sessions

One-to-One Sessions must be redeemed within 6 months from the date of purchase. 

There are no refunds under any circumstances, including change of mind, available for One-to-One Sessions. 

Cancellation policy 

The Client must give at least 24 hours’ notice via the website contact form if they wish to cancel a One-to-One Session. In this case, the One-to-One Session in question will be rescheduled via the website within the following 30 days.

If the Client cancels a One-to-One Session with less than 24 hours’ notice, the One-to-One Session will still be charged in full with no possibility of refund. Blackout S.L. is under no obligation to reschedule it. If Blackout S.L. cancels a session with less than 24 hours’ notice, they will offer 1 free session or a refund.

If the Client is late for a One-to-One Session, Blackout S.L. is under no obligation to extend the Session beyond the normal ending time or to compensate for the lost time at a later date. If Blackout S.L. is late for the session, they will make up for the lost time or make a proportional refund for the time not taught..

Preparation Course 

The Preparation Course is delivered through a third party website Udemy, Inc. 

Blackout Studio S.L. takes no responsibility for usage of this platform, including purchases or refunds. 

SUCCESS Guarantees. 

Blackout S.L. makes no guarantees about any success or results that you’ll get from its training. Blackout S.L. is committed to helping you, but cannot take responsibility for what will happen in your life or career. 

Inappropriate conduct. 

In response to inappropriate conduct, Blackout Studio S.L. fully reserves the right to:

• end One-to-One Sessions
• remove, block, and delete your access to their social media accounts and groups 

This includes but is not limited to; abusive, hateful or offensive comments, remarks of a sexual nature, or causing discomfort to others in any way. You will not be refunded following the removal of training for this reason.

APPLICABLE LAW AND JURISDICTION

For any controversy or conflict that may arise, derived from these terms or conditions, Spanish Law will apply. The resolution of judicial conflicts will be submitted to the jurisdiction of the Courts and Tribunals of the domicile of the user or client.

OUT-OF-COURT RESOLUTION OF CONFLICTS

Likewise, in the terms contained in article 14 of EU Regulation 524/2013, on the resolution of consumer disputes, a direct link is provided to the online dispute resolution platform: https://ec.europa .eu/consumers/odr/main/index.cfm