TRUSPEAKER TERMS OF USE – July 1 2024
BEMOJAFE SL (hereinafter “Truspeaker”) is a European and Spanish company based in Madrid, so it is subject to Spanish and European legislation. Truspeaker channels – Mobile Applications and Webs – (hereinafter, “Truspeaker Channels”) are owned by BEMOJAFE SL.
WE INVITE YOU TO CAREFULLY READ THE TERMS AND CONDITIONS OF USE BEFORE USING THE TRUSPEAKER CHANNELS.
By using the Truspeaker Channels you expressly agree, without reservation, to comply with and be bound by these Terms and Conditions, which may be modified by Truspeaker at any time as indicated in these Terms and Conditions. Please review these Terms and Conditions periodically for any changes. If you do not agree to these Terms and Conditions, you are not authorized to access or use the Truspeaker Channels.
Ownership and Intellectual and Industrial Property Rights
The Truspeaker Channels, as well as all text, trademarks, logos and other content within the Truspeaker Channels (the “Truspeaker Channels Content”), are owned (© Copyright) by BEMOJAFE SL, unless otherwise indicated.
Truspeaker owns and reserves all rights to the Content of the Truspeaker Channels, in particular intellectual and industrial property rights. Truspeaker is a registered trademark ® owned by BEMOJAFE SL and/or third parties. Nothing contained on the Truspeaker Channels shall be construed as conferring or granting, by implication, estoppel, assignment, transfer or otherwise, any license or right under any Trademark.
The grant of any license or right in or to the Truspeaker Trademarks shall be by express prior written permission of the Truspeaker Trademark owner.
Images or videos uploaded by users are the property of the users. Under no circumstances will Truspeaker make use of the images or videos of professional or user profiles without the express authorization of the user(s).
Users must have the Intellectual Property or the Right of Use of the content posted on their profiles. In any case, Truspeaker will presume the right of the User(s) to exploit the content that they upload to their profiles or use within the Truspeaker platform.
Truspeaker, as a legal entity, shall not be liable for any images or content uploaded by Users that may infringe the rights of third parties or violate any applicable law, for which the natural person who has manipulated or published them shall be liable.
Disclaimer of warranties and limitation of liability
BEMOJAFE SL is a platform that promotes and promotes the assessment, communication and collection of feedback from event attendees and among Truspeaker users (speakers, teachers, workshoppers, etc. ….). As a mediator, Truspeaker does not guarantee the achievement of the objectives of the users, nor does it represent in any case any of them. The meaning of the content of the Truspeaker Channels is presumed to be the literal meaning, and within the current legality. Truspeaker is not responsible, therefore, for any errors that such content may cause, nor for the warranties warranted by such content.
Truspeaker shall not be liable for the consequences of (i) death or personal injury caused by (ii) fraud within the Truspeaker Platform; (iii) willful misconduct or gross negligence on the part of any User, arising out of the Contracts or the use of the Truspeaker Platform in general.
Truspeaker is not liable for any damages, personal, financial or otherwise, arising from the use of the Truspeaker Channels and Content. Truspeaker’s liability for the actions or omissions of third parties that cause damage or injury of any kind and nature whatsoever is therefore excluded.
Truspeaker, as a legal entity, will not be responsible for any comments that may go against the right to honor, personal and family privacy and / or self-image, for which the natural person who has made them will be liable (Organic Law 1/1982 of May 5, 1982, on the civil protection of the right to honor, personal privacy and self-image).
Use of Truspeaker Channels
Truspeaker authorizes you to view, download and print the Content of the Truspeaker Channels subject to the following conditions:
(i) you must do so solely for your personal use, and you may never use the content of the Channels for commercial purposes; (ii) you may not modify the Content of the Truspeaker Channels; (iii) you must not remove or modify any mention or notice regarding the ownership of copyrights, trademarks, or any other intellectual property provisions contained in the Truspeaker Channels Content by BEMOJAFE SL; (iv) any sample or printed copy of the Truspeaker Channels Content must be marked with “(©) 2024, BEMOJAFE SL All rights reserved. “; (v) you must not reproduce, create derivative works of, communicate to the public, make available, distribute or display the Truspeaker Channels Content, except as expressly permitted herein. Except as expressly permitted in these Terms and Conditions, copying, transmitting, reproducing, reproducing, publishing, republishing, displaying, communicating, transforming or redistributing the Truspeaker Channels Content or any portion thereof is strictly prohibited without Truspeaker’s express prior written permission. To request authorization you may contact Truspeaker at the following address:
BEMOJAFE SL
Gregorio Benitez Street 10
28043
Madrid
TAX ID: B19838374
E-mail: hello@truspeaker.com
You acknowledge and warrant that your use of the Content on the Truspeaker Channels will be in accordance with the license herein, will not infringe the rights of any third party, will not violate any legal or contractual obligation you have to any other person, and will not violate any applicable law.
By registering as a Truspeaker user, you represent that you have the legal capacity to enter into this Agreement and to use the Truspeaker Channels in accordance with the Terms and Conditions contained in this Agreement.
Use of the Truspeaker Channels, in accordance with these Terms and Conditions, is free of charge to its users. Only value-added services specified by Truspeaker, which are optional and are at the discretion of users or customers to purchase and pay for if they are of interest, will be charged for.
However, Truspeaker Channels may contain links to other websites or channels belonging to third parties, which may incur a cost.
The account created must be personal and non-transferable, and it is your responsibility to keep your username and password secret.
By becoming a Truspeaker user, you agree to be fully responsible for the use of your profile and the activity that results from your membership. To prevent identity theft, relevant information, such as your password, should not be transferred. In the event that a third party uses your user, please contact Truspeaker immediately at the above address.
Truspeaker is not responsible for any contracting and/or transactions made between its users, whether or not through its channels. Truspeaker is therefore exempt from any liability, in particular labor or tax liability, for such contracts and/or transactions.
Truspeaker is not responsible for the ratings or comments made between users. The owner of a profile on Truspeaker, if he/she is in premium status, may manage whether or not he/she wants it to be published on his/her profile.
Also, any user who is part of Truspeaker can delete a public rating if he/she considers that the comment does not comply with the terms and conditions of use (more information in the section Content Reporting).
The average rating of a profile is the result of a qualification algorithm of the grades, ratings and comments collected in the professional profile. You unconditionally accept that this average rating is a true and accurate reflection of these ratings. Truspeaker works to avoid fraud and to offer an average rating figure that is closer to reality, according to the ratings and reviews made by other users.
In the event that a user proceeds to delete their user, the accumulated ratings as well as all information relating to that user will be deleted without the ability to recover.
CONTENT REPORTING
Policy of notification and removal of illegal content
Truspeaker operates a notice and takedown procedure. If you have any objections or complaints regarding material or content on the Truspeaker Channels, including complaints regarding user messages posted on the Truspeaker Channels, or if you believe that material or content posted on the Truspeaker Channels infringes any intellectual property rights owned by you, or violates the physical or moral integrity of your person, please contact us immediately by following our content notice and takedown procedure.
Once the procedure has been initiated, Truspeaker will conduct an investigation and, if the report is confirmed, will take steps to remove the illegal content within a reasonable period of time.
We offer users the option to report a rating, acknowledgment or comment by selecting “Report” by clicking on the corresponding icon next to the content to be reported.
In addition, users can notify or report a misuse of Truspeaker by a user through the “Contact Us” section of the user menu, being able to send a notification to Truspeaker. Truspeaker will evaluate such a request and reserves the right to remove or terminate any user, professional profile, content or image that has been sued, without prior notice.
Notification and Removal Procedure
Apart from reporting content as specified in the previous section, we provide the following procedure for notifying Truspeaker of defamatory content or infringement of intellectual property rights.
Statements that are true or show an honest opinion (such as a negative review) need not generally be considered in themselves to be defamatory. You should carefully consider the facts before making an accusation or filing a complaint or claim (and seek legal advice if in doubt), as a false accusation could result in liability for you.
Truspeaker reserves the right to require verification of your identity and to seek further information about you to clarify the basis of your claim. Please note that Truspeaker will not be able to investigate complaints that are anonymous, incorrectly submitted, or do not contain sufficient information as required in the Notification Form below. We will use our best efforts to identify defamatory content when notified, but we will not be liable if we are not provided with all relevant facts or data, or if such facts cannot be ascertained or investigated. Any personal data you provide to us will be used in accordance with our Privacy Policy; please review it before providing us with any personal data.
Notice: Any statements made may be used in legal proceedings. Any false, misleading or inaccurate information you submit to us may give rise to both civil and criminal liability.
Notice: Any statements made may be used in legal proceedings. Any false, misleading or inaccurate information you submit to us may give rise to both civil and criminal liability.
If you wish to notify Truspeaker of an alleged defamatory statement contained in our digital channels, we recommend that you complete the “Form for Notifying Truspeaker of Defamatory Content”.
You should also include a daytime telephone number and your email address, so that Truspeaker can respond to your notification.
Truspeaker Notification Form:
I, [insert full name] with Truspeaker user [email] declare the following:
In connection with the Truspeaker Channels I hereby notify Truspeaker that through such digital channels I am causing or contributing to the publication of content that is defamatory or violates intellectual property.
In particular the content appearing on [indicate the content, and the location thereof].
The words, expressions or statements that I consider defamatory or infringing of intellectual property are: [please transcribe the words or expressions, for which you are complaining].
The user who created these contents is [user].
I consider these words, expressions, images, content or statements to be defamatory or infringing of intellectual property or defamatory content because [please state the reasons why you consider these words or expressions to be defamatory].
The defamatory words or expressions are untrue because [please state the reasons why the words or expressions you complain of are untrue, and what you consider to be the correct or true statement of the facts].
[If the person signing this notice is acting for and on behalf of the Claimant, please include the following statement: I am authorized to act for and on behalf of the Claimant. The [person/entity]complaining that the words and statements are defamatory is [please indicate the name and address of the person/entity](hereinafter “Claimant”). I am [please indicate the relationship between you, as the signatory of this notice, and the Complainant].
I declare that the claim and facts set forth herein are true, and I understand and agree that this notice may be used in a legal proceeding in connection with this claim for defamation or intellectual property infringement.
Links to Other Websites
The Truspeaker Channels may contain links to third party web sites. The linked sites are not under the control of Truspeaker, and Truspeaker is not responsible for the content posted on such linked sites.
Posting on the various link profiles does not imply any endorsement, approval, sponsorship or affiliation with the linked site. The linked sites are owned and operated by other independent service providers or merchants, and Truspeaker cannot assure your complete satisfaction with the products, services or business practices of these third parties. You should make such inquiries as you deem relevant or appropriate before entering into any transaction with these third parties.
Use of Internal and External Communications Between Users of Truspeaker Channels.
Truspeaker Channels may contain and allow its users to post ratings and/or reviews or comments of up to 600 characters with that speaker’s or teacher’s professional experiences.
As a user, you expressly agree to use Truspeaker Channels only to post messages that are appropriate and consistent with the specific topic for which the feature was created. As well as to issue assessments in accordance with reality, always complying with the applicable legislation.
Truspeaker does not edit or control the content of the messages posted or broadcast on the Truspeaker Channels as a general rule. Truspeaker is also not responsible for telephone calls made between users (if they have provided their telephone number).
In any event, Truspeaker reserves the right to remove or modify, at our sole discretion and without prior notice, any message/posting by Users on the Truspeaker Channels.
The following is a non-exhaustive list of the types of messages prohibited on the Truspeaker Channels. Truspeaker reserves the right to modify this list at any time, and to unilaterally investigate and take appropriate legal action against anyone who violates this provision, including, without limitation, removing potentially offensive communications and terminating the right of such violators to use the Truspeaker Channels.
The following message content, among others, will not be accepted on Truspeaker Channels:
All those that go against Fundamental Rights, laws and good customs.
Offensive contents to the “Truspeaker” community, that promote racism, intolerance, hatred or any form of violence, either against individuals or against a group of people; Harass or encourage the harassment of others; Involve the sending of “junk e-mails”, “chain letters” or mass unsolicited mailings or “spam”; Are defamatory or libelous; Contain information that you know to be false, misleading or that encourages illegal activities or promotes conduct that is abusive, intimidating or obscene; Promote the making of illegal or unauthorized copies of another person’s copyrighted works, such as those that offer pirated software or links to pirated software, those that provide information to circumvent anti-copying systems, or those that provide pirated music or links to pirated music; Contain passwords to restricted access pages, or images or hidden pages (those that have not been linked to or from other accessible pages); Provide information about illegal activities such as buying or building illegal weapons, violating the privacy of others, or providing or creating computer viruses; Constitute or advocate conduct that would be considered criminal, or give rise to civil liability, or otherwise be contrary to law or infringe the rights of any third party anywhere in the world; or
Pornographic, partially nude, discriminatory or sexually suggestive content and images.
Sending signed contracts, or content certifying that a service has been contracted through Truspeaker channels.
Publications involving commercial activities and/or sales without our prior written consent, such as contests, lotteries, sweepstakes, barter, advertising or pyramid schemes.
The contact details must be correct and correspond to your person. If the email or phone number included is reported by users for not being correct, we may unsubscribe your user.
By submitting or distributing content on the Truspeaker Channels, you expressly irrevocably assign to Truspeaker and its affiliates all rights necessary to communicate and make available to the public such user content, which may be freely used, copied, published, translated or distributed in any medium or form by any person, including in advertising or in connection with commercial activities, without prior permission from you.
You agree not to post or distribute any information or material that is protected by third party intellectual property rights without the express consent of such third parties, and you agree to indemnify and hold Truspeaker harmless from any claim arising from your failure to comply with this obligation.
Right to reply
As a general rule, any professional with a profile that has received a rating can leave a reply to that comment as long as the user has left his/her email address.
Communications between users, and between user and professional profiles
Truspeaker offers the following communication options between users:
Social Networks: The professional who creates a profile on Truspeaker will be able to include their social networks in their profile.
Mail: You can include your email to be contacted.
Any personal information that you communicate to us through Truspeaker Channels will be treated in accordance with our Privacy Policy.
Specific conditions applicable to Premium school profiles
In Truspeaker there are both self-employed and employed profiles, i.e. employees of a business school or event organizer. Within the companies, there are those that voluntarily access a paid service to analyze and manage the information of their employees through a tool / dashboard. In the case of these companies, a series of specific conditions apply to the profiles belonging to these organizations, which are detailed below:
In case of sponsorship or contracting of the “Premium Company” Product by an entity in favor of a specific company(ies), said sponsoring or contracting entity may access via dashboard to the data and contents of the professionals of the company(ies) it has sponsored or contracted in its favor.
The information of each professional profile (employee/collaborator) is the property of the employee, who may modify his/her data, delete or unpublish his/her professional profile and user whenever he/she wishes. In case of being an employee of a PREMIUM company, the company may request the activation of functionality in the dashboard to make changes to the following employee data: photo, position/profession, and branch/workplace.
Premium companies that choose to create users and profiles of their employees, must have their consent and these must be approved by these users / profiles in advance. They will receive an email (or other communication) requesting approval of the terms of use, or fill out a form (web or paper).
Premium companies may request Truspeaker to remove a profile (employee) as an employee of that company. In this case, it will become a private profile (not associated to the company), and the employee will be able to continue managing his/her profile with the accumulated ratings and references, except for the information generated through the Truspeaker Internal Recognition functionality, in case the Client has contracted this functionality (internal ratings between members of the Client company), the latter information will be property of the Client company.
Premium companies may request that a particular profile be associated with their company, including the transfer of an employee from another company to their company. In such a case, the profile must agree to the request.
Premium companies, as well as any of their profiles may report any comment or rating received, being Truspeaker responsible for analyzing such reports in order to make decisions of depublication when the terms and conditions of use of the Truspeaker application are violated.
Truspeaker is in no way responsible for the information and content generated and published either by the profiles themselves or by users who make ratings or comments.
Applicable law and competent jurisdiction
The Truspeaker Channels (excluding links to third parties) are controlled by BEMOJAFE SL and administered by BEMOJAFE SL from its offices located in Madrid, Spain.
By posting, accessing and/or using these Truspeaker Channels, as a user of Truspeaker you expressly agree that all disputes, claims and other matters arising out of or relating to your use of the Truspeaker Channels shall be subject to the laws in force and applicable to the territory of Spain, a member of the European Union, without prejudice to the principles governing conflicts of laws.
You agree that all claims or complaints you may have against BEMOJAFE SL arising out of or related to the operation or use of the Truspeaker Channels will be resolved by the competent court located in Madrid, Spain. The foregoing shall not apply in those cases in which the law of your country of residence requires the application of another law or jurisdiction, provided that it is not possible to contractually exclude this legal provision.
Modifications to Terms of Use
Truspeaker reserves the right at any time to unilaterally modify, add to or remove these Terms and Conditions, in whole or in part, if deemed necessary by Truspeaker for legal, regulatory or technical reasons, or due to changes in the services provided or in the nature or layout of the Truspeaker Channels. Truspeaker will notify you of such changes within a reasonable period of time. You expressly agree to be bound by such Terms and Conditions as modified from time to time.
Truspeaker reserves the right at any time to change, suspend, or terminate any aspect of the Truspeaker service, including the availability of any feature, facility, database or content. Truspeaker may also impose limits on certain facilities and services or restrict your access to certain parts or all of the Truspeaker Channels or any other Truspeaker Channel, without prior notice and without incurring any liability, either for technical or security reasons, to prevent or avoid unauthorized access, loss or destruction of data, or where we believe, in our sole discretion, that you have breached these Terms and Conditions or any applicable law or regulation, and where Truspeaker decides to discontinue providing a service.
YOUR CONTINUED ACCESS TO TRUSPEAKER FROM THIS POINT FORWARD, OR UPON THE POSTING OF ANY NOTICE OF CHANGES, WILL CONSTITUTE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS, INCLUDING ANY CHANGES THAT MAY HAVE BEEN MADE.
TERMS AND CONDITIONS OF USE FOR MOBILE DEVICES
Some parts of Truspeaker’s mobile software may use copyrighted material, the use of which is acknowledged by Truspeaker. In addition, there are specific terms and conditions that apply to the use of certain Truspeaker mobile applications.
Access by you to services associated with geolocation must always be approved in advance. These notifications are made at the beginning of the use of the app, at user registration, or whenever a specific functionality requires it and has not been previously approved.
By geolocating you, your position will be located on the map as well as the professional profiles that are reflected in your previous search.
The Truspeaker web application will ask you for access to your photo and video gallery, if you want to upload them to any of the features.
Phone calls with hidden numbers are not Truspeaker’s responsibility.
The proximity data of a profile may not be accurate.
Your location on the map may not be accurate.
When registering via Linkedin, your first name, last name, email, and photo will be included in your user registration.
When registering via Google, your first name, last name, email and photo will be included in your user registration.
General
If any part or provision of these Terms and Conditions is declared null and void, including, in particular, the disclaimer of warranties and limitations of liability mentioned above, the provision so declared shall be deemed superseded by a valid provision that most closely matches the intent of the original provision, and the remaining portions of these Terms and Conditions shall remain in full force and effect.
Truspeaker may assign, transfer, subcontract or delegate any rights, obligations or duties under these Terms and Conditions accepted by you.
As a user, you acknowledge and agree that no partnership, employment, agency or joint venture relationship exists between Truspeaker and you.
These Terms and Conditions are only available in the language of Truspeaker Channels. The Terms and Conditions that you personally accept are general and will not be stored individually for each user.