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The BIMobject product portal is a place for architects, designer, engineers and consultants to download objects (various files in formats for CAD/BIM and 3D systems) and content for their BIM software.
Users may directly download BIMobjects in the native formats of many different software vendors as ArchiCAD®, Revit®, SketchUp®, Artlantis ® or any other format that is available on-line on the portal.
Users: Any registered or unregistered person or company that downloads any object on our portal.
Manufacturer: A company that have content available on our portal for download to users.
BIMobject: An object defined as a information container that holds 2D, 3D and product information.
Content: Any digital material that is downloadable from the portal, can be CAD files, 3D formats like ivisit 3D, 3DS, IFC or any other format for BIM software. It also includes any product information or related images, materials or photos.
Services: Any action, service or content downloaded as such in digital form. Any file format, images, 3D content, CAD files or product information downloaded or used from the portal, or any software or added value services from the portal bimobject.com
1.1 Your use of BIMobject’s products, software, services and web sites (referred to collectively as the “download services or services” in this document and excluding any services provided to you by BIMobject under a separate written agreement) is subject to the terms of a legal agreement between you and BIMobject. “BIMobject” means BIMobject AB, whose principal place of business is at World Trade Center, Jungmansgatan 12, 211 19 Malmö Sweden. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
1.2 Unless otherwise agreed in writing with BIMobject, your agreement with BIMobject will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “general terms”.
1.3 The General Terms form a legally binding agreement between you and BIMobject in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”.
2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this option is made available to you by BIMobject in the user interface for any service; or?
(B) by actually using the services. In this case, you understand and agree that BIMobject will treat your use of the services as acceptance of the Terms from that point onwards.
2.3 You may not use the services and may not accept the Terms if you are not of legal age to form a binding contract with BIMobject
2.4 The English language of the Terms is the governing language,any translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with BIMobject.
2.5 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
3.1 BIMobject has franchisee’s and legal entities around the world (“franchisees and partners”). Sometimes, these companies will be providing the services to you on behalf of BIMobject itself. You acknowledge and agree that franchisee’s and partners will be entitled to provide the Services to you.
3.2 BIMobject is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which BIMobject provides may change from time to time without prior notice to you.
3.3 As part of this continuing innovation, you acknowledge and agree that BIMobject may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at BIMobject’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform BIMobject when you stop using the Services.
3.4 You acknowledge and agree that if BIMobject disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
4.1 In order to access certain download services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to BIMobject will always be accurate, correct and up to date.
4.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from Sweden,European law or other relevant countries).
4.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by BIMobject, unless you have been specifically allowed to do so in a separate agreement with BIMobject. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers). Channels are done through to a separate contract with BIMobject AB.
4.4 Unless you have been specifically permitted to do so in a separate agreement with BIMobject, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the content for any purpose. You may NOT upload the BIMobjects or any of the content downloaded on BIMobject.com to any other website, portal, server or similar service without a written approval from BIMobject AB.
4.5 You agree that you are solely responsible for (and that BIMobject has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which BIMobject may suffer) of any such breach.
5.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
5.2 Accordingly, you agree that you will be solely responsible to BIMobject for all activities that occur under your account.
6.1 You agree to the use of your data in accordance with BIMobject’s privacy policies.
7.1 You understand that all information (such as 2D, 3D geometry, materials, textures, 3D scenes, images) which you may have access to as part of, or through your use of, the download content services are the sole responsibility of the Manufacturer (see definition above) from which such content originated. All such information is referred to below as the “Content”.
7.2 You should be aware that content presented to you as part of the download services, are protected by intellectual property rights which are owned by the manufacturers or owners of the actual trademark or brand. The manufacturers who provide that Content to BIMobject (or by other persons or companies on their behalf) are sole responsible of the content and it’s origin. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this content (either in whole or in part) unless you have been specifically told that you may do so by BIMobject.
7.3 BIMobject reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. BIMobject has in it’s processes a quality assurance system that check the quality of the actual BIMobjects, but it will not in any case hold BIMobject AB liable for any damage it may case.
7.4 You agree that you are solely responsible for (and that BIMobject has no responsibility to you or to any third party for) any content that you create, transmit or display while using the downloaded objects and for the consequences of your actions (including any loss or damage which BIMobject may suffer) by doing so.
8.1 You acknowledge and agree that BIMobject (or BIMobject’s licensors) own all legal right, title and interest in and to the services, including any intellectual property rights which subsist in the services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the services may contain information which is designated confidential by BIMobject and that you shall not disclose such information without BIMobject’s prior written consent.
8.2 Unless you have agreed otherwise in writing with BIMobject, nothing in the Terms gives you a right to use any of BIMobject’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
8.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with BIMobject, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and BIMobject's brand feature use guidelines as updated from time to time.
9.1 The Terms will continue to apply until terminated by either you or BIMobject as set out below.
9.2 If you want to terminate your legal agreement with BIMobject, you may do so by providing notice to BIMobject at email@example.com
9.3 BIMobject may at any time and for any reason, including a period of account inactivity, terminate your access to BIMobject Services, terminate these Terms, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system.
9.4 Nothing in this Section shall affect BIMobject’s rights regarding provision of services under Section 3 of the Terms.
9.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and BIMobject have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely shall be unaffected by this cessation, and the provisions of paragraph 15.6 shall continue to apply to such rights, obligations and liabilities indefinitely.
You agree to hold harmless and indemnify BIMobject, and its franchisee’s, partners, subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of BIMobject services, violation of these Terms or any other actions connected with use of BIMobject services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, BIMobject will provide you with written notice of such claim, suit or action.
11.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 11 AND 12, SHALL EXCLUDE OR LIMIT BIMOBJECT’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
11.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”
11.3 IN PARTICULAR, BIMOBJECT, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,?
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,?
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE,?
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED, AND?
(E) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH BIMOBJECT SERVICES WILL MEET YOUR EXPECTATIONS.
11.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
11.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BIMOBJECT OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
11.6 BIMOBJECT FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
12.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 11.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT BIMobject, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; RESULTING FROM: (I) THE USE OR THE INABILITY TO USE BIMOBJECT SERVICES; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON BIMobject SERVICES; OR (IV) ANY OTHER MATTER RELATING TO BIMOBJECT SERVICES?
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY MANUFACTURER.?
(II) ANY CHANGES WHICH BIMOBJECT MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);?
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;?
(III) YOUR FAILURE TO PROVIDE BIMOBJECT WITH ACCURATE ACCOUNT INFORMATION;?
(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
12.2 THE LIMITATIONS ON BIMOBJECT’S LIABILITY TO YOU IN PARAGRAPH 12.1 ABOVE SHALL APPLY WHETHER OR NOT BIMOBJECT HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
13.1 The services and product information inside a BIMobject may include hyperlinks to other web sites or content or resources. BIMobject may have no control over any web sites or resources which are provided by companies or persons other than BIMobject.
13.2 You acknowledge and agree that BIMobject is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
13.3 You acknowledge and agree that BIMobject is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
14.1 BIMobject may make changes to the general terms from time to time. When these changes are made, BIMobject will make a new copy of the general terms available on it’s corporate website or through, the affected Services.
14.2 You understand and agree that if you use the services after the date on which the General Terms have changed, BIMobject will treat your use as acceptance of the updated General Terms.
15.1 The Terms constitute the whole legal agreement between you and BIMobject and govern your use of the services (but excluding any services which BIMobject may provide to you under a separate written agreement), and completely replace any prior agreements between you and BIMobject in relation to the services.
15.2 You agree that BIMobject may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the services.
15.3 You agree that if BIMobject does not exercise or enforce any legal right or remedy which is contained in the Terms (or which BIMobject has the benefit of under any applicable law), this will not be taken to be a formal waiver of BIMobject’s rights and that those rights or remedies will still be available to BIMobject.
15.4 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
15.5 You acknowledge and agree that each member of the group of companies of which BIMobject is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
15.6 The Terms, and your relationship with BIMobject under the Terms, shall be governed by the laws of Sweden and the place of jurisdiction will be Stockholm, without regard to its conflict of laws provisions. Notwithstanding this, you agree that BIMobject shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
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