1.1 These terms and conditions govern your use of bimK® website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use bimK' website.
2.1 " bimK®" or "us" or "we" refers to the owners of this website.
2.2 'Website' refers to all domains, pages and subdomains owned by bimK®.
2.3 'You' refers to the user or viewer of this website.
2.4"Content" means all files and material (including without limitation text, images, CAD files, BIM files, audio material, video material and audio-visual material) or other world-making artefacts or artwork provided by bimK® or any Registered User that can be found on this website.
2.5 "Registered User" means each person who establishes or accesses an account to use of the Website, Content or other services provided by bimK® and who has agreed to be bound by the terms and conditions of this Agreement.
2.6 "Manufacturer" means a real entity, third party company, responsible for providing products content to publish in bimK® website.
2.7 A reference to any party includes that party's personal representatives, successors or permitted assigns.
2.8 "Person" means an individual or entity, including without limitation a corporation, partnership, or limited liability company.
2.9 By accepting these Terms and Conditions, you warrant that if acting for a corporate entity, you are legally capable of entering into a binding contract on its behalf.
2.10 Product price quotes showed in bimK® website are for general information purposes only and do not constitute professional advice.
3. About us
3.1 bimK® is an online database of products (real-world physical building components and materials)for Architecture, Engineering and Construction, adapted to Building Information Modeling. Products include three-dimensional geometry files and information about its physical and aesthetic properties and behavior; specification, construction and facilities management properties.
3.2 bimK® is a trademark or trade name of PROVIDE RESULTS.
3.3 Our company headquarters is at Caldas da Rainha, Portugal.
3.4 You can contact us by writing to the business address given above, by using our website www.bimk.com contact form or by email to firstname.lastname@example.org
4. License grants and restrictions
4.1 Unless otherwise stated, bimK® own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
4.2 Access to and use of the bimK®'s website is free of charge.
4.3 You may, for your own personal and business use, and subject to the restrictions set out in these terms and conditions:
- view pages from this site in a web browser;
- download pages from this website for caching purposes;
- print pages from this website;
- download files provided in this website and save it;
- stream audio and video files from this website;
- use available product content (attributes information and files) for your professional Architectural, Engineering and Construction projects;
- edit, modify and delete your user content in bimK website;
- redistribute bimK®'s newsletter in print and electronic form to any person.
4.4 You must not:
- republish and redistribute material from this website (including republication on another website) without indicating the source (www.bimK.com) in a visible way;
- sell, rent or sub-license material from this website;
- exploit material on this website for a commercial purpose without bimK® express written consent;
- edit or otherwise modify any material on our website except as expressly permitted by these terms and conditions.
4.5 We reserve the right to restrict access to areas of this website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
5. Acceptable use
5.1 You must not:
- use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
- use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
- use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
- conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
- use data collected from our website to send unsolicited commercial communications or for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing) without our express written consent.
5.2 You must ensure that all the information you supply to us through our website, or in relation to our website, is true and accurate.
6. Registration and accounts
6.1 You may register for an account with bimK® website by submitting the signup form on this website, clicking on the verification link in the email that the website will send to you and completing the account registration form.
6.2 If you register for an account with our website you will be asked to choose a user ID and password.
6.3 You must keep your password confidential. You are responsible for any activity on our website arising out of any failure to keep your password confidential.
6.4 You must change your password if you become aware of any disclosure of your password.
6.5 You must notify us in writing immediately if you become aware of any unauthorised use of your account.
6.6 You must not use any other person's account to access the website unless you have that person's express permission to do so.
6.7 We may, at any time in our sole discretion without notice or explanation:
- suspend your account;
- cancel your account;
- edit your account details.
6.8 You may cancel your account on our website.
7. User content
7.1 In these terms and conditions, "your user content" means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for storage or publication on, processing by, or transmission via, this website.
7.2 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
- be libelous or maliciously false;
- be obscene or indecent;
- infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right; infringe any right of confidence, right of privacy or right under data protection legislation;
- constitute negligent advice or contain any negligent statement; constitute an incitement to commit a crime;
- be in contempt of any court, or in breach of any court order;
- be in breach of racial or religious hatred or discrimination legislation;
- be blasphemous;
- be in breach of official secrets legislation;
- be in breach of any contractual obligation owed to any person; depict violence;
- be pornographic, lewd, suggestive or sexually explicit;
- consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
- be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; cause annoyance, inconvenience or needless anxiety to any person.
7.3 You grant to bimK® a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store and publish your user content on and in relation to this website and any successor website. You also grant to bimK® the right to sub-license these rights, and the right to bring an action for infringement of these rights.
7.4 Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or bimK® or a third party (in each case under any applicable law).
7.5 You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
7.6 bimK® reserves the right to edit or remove any material submitted to this website, or stored on bimK®'s servers, or hosted or published upon this website.
7.7 Notwithstanding bimK®'s rights under these terms and conditions in relation to user content, bimK® does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
7.8 You may edit your content to the extent permitted using the editing functionality made available on our website.
8. Limited warranties
8.1 This website is provided "as is" without any representations or warranties, express or implied. bimK® makes no representations or warranties in relation to this website or the information and materials provided on this website.
8.2 Without prejudice to the generality of the foregoing paragraph, bimK® does not warrant that:
- this website will be constantly available, or available at all;
- the information on this website is complete, true, accurate or non-misleading.
8.3 bimK® is not responsible by product information and content inserted in this website by manufacturers. Manufacturers are responsible for insertion and maintenance of true, accurate, current, complete and non-misleading product content.
8.4 Nothing on this website constitutes, or is meant to constitute, advice of any kind.
8.5 We reserve the right to discontinue or alter any or all of our website services.
9. Limitations and exclusions of liability
9.1 bimK® will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- to the extent that the website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss;
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
9.2 These limitations of liability apply even if bimK® has been expressly advised of the potential loss.
9.3 Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit bimK's liability in respect of any:
- death or personal injury caused by bimK®'s negligence;
- fraud or fraudulent misrepresentation on the part of bimK®
- matter which it would be illegal or unlawful for bimK® to exclude or limit, or to attempt or purport to exclude or limit, its liability.
9.4 By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.
9.5 You agree that the limitations of warranties and liability set out in this website disclaimer will protect bimK®'s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as bimK®.
10. Breaches of these terms and conditions
10.1 Without prejudice to bimK®'s other rights under these terms and conditions, if you breach these terms and conditions in any way, bimK® may take such action as bimK® deems appropriate to deal with the breach, including:
- sending you one or more formal warnings;
- suspending your access to the website;
- prohibiting you from accessing the website;
- blocking computers using your IP address from accessing the website;
- contacting any or all your internet service provider to request that they block your access to the website;
- bringing legal proceedings against you.
11.1 bimK® may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
12.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
12.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.