These provisions regulate the use of the Internet portal service (hereinafter, the "Portal") that the entity Bimetica Parametric Design Services, S.L. (hereinafter, Bimetica) makes available to Internet Users.
Access to the website is free except for the cost of connection through the telecommunications network provided by the access provider contracted by users.
Certain services are exclusive for our Clients and Registered Users and their access is restricted.
Some Portal services accessible to Internet users or exclusive to Registered Users of Bimetica may be subject to particular conditions, regulations and instructions that, where appropriate, replace, complete and / or modify this Legal Notice and that must be accepted. by the User before starting the provision of the corresponding service.
All the contents of the Portal, understood by these as merely illustrative texts, photographs, graphics, images, icons, technology, software, links, and other audiovisual or sound content, as well as its graphic design, content files and source codes ( Hereinafter, the "Contents") are the intellectual property of Bimetica or third parties, without being understood to be assigned to the User and none of the exploitation rights over them beyond what is strictly necessary for the correct use of the Portal.
The trademarks, trade names or distinctive signs are owned by Bimetica or third parties, without it being understood that access to the Portal attributes any right over the aforementioned trademarks, trade names and / or distinctive signs.
The User undertakes to make correct use of the Portal in accordance with the Law and this Legal Notice. The User will respond to Bimetica or to third parties, for any damages that may be caused as a result of the breach of said obligation.
The use of the Portal for harmful purposes of goods or interests of Bimetica or third parties or that in any other way overload, damage or disable the networks, servers and other computer equipment (hardware) or computer products and applications (software) is expressly prohibited. Bimetica or third parties.
The User agrees to use the Contents in accordance with the Law and this Legal Notice, as well as with the other conditions, regulations and instructions that may be applicable in accordance with the provisions of clause 1.
With a merely illustrative character, the User, in accordance with current legislation, must refrain from:
a.- Reproduce, copy, distribute, make available, publicly communicate, transform or modify the Contents except in the cases authorized by law or expressly consented to by Bimetica or by whoever holds the ownership of the exploitation rights, where appropriate.
b.- Reproduce or copy for private use the Content that may be considered as Software or Database in accordance with current legislation on intellectual property, as well as its public communication or making it available to third parties when these acts necessarily imply the reproduction by the User or a third party.
c.- Extract and / or reuse all or a substantial part of the Contents of the Portal, as well as the databases that Bimetica makes available to Users.
It will be understood that BIM files or content are files developed with Revit ©, Archicad ©, Allplan © software, with IFC format or with similar qualities that are hosted on the Portal.
The BIM files of the Bimetica Portal can only be used to be incorporated (prescribed) in construction projects in their different phases, models, pre-projects, executive project, or maintenance.
a.- Accumulate or make private or public databases of the BIM files downloaded from the Portal. For practical purposes, the Portal provides access to files at all times so that private or public databases are not generated.
b.- To be used the BIM files to remake other BIM files, altering the identity parameters such as manufacturer data, unique characteristics of the product, author and owner of the BIM file. The BIM file cannot be modified or emulated in relation to other similar products. This rule can only be excepted when the original file is modified to adapt it to a construction project in accordance with the uses authorized by Bimetica.
c.- Download the BIM files to be used or contributed as content for public or private tenders, whose purpose is to create a database of BIM or 3D file libraries. In this situation, the user must request express permission from Bimetica for this purpose, which may or may not grant its use.
Likewise, public, private or mixed organizations may not use the BIM files of the Bimetica Portal as the object of their bids, unless they expressly request Bimetica, in which case they may or may not grant their use.
Failure to comply with this presentation will be understood as misappropriation of the intellectual property of Bimetica or of third companies participating in the Bimetica portal.
e.- Being used to deceive or lie before construction agents in order to provide services associated with the development of BIM Libraries or similar.
g.- Publish BIM files on websites, or platforms, without having the express authorization of Bimetica or third party companies participating in the Bimetica portal.
h.- The data of the Author and Owner of the downloaded BIM file cannot be deleted, in any context or situation.
The sections that concern the infringement of intellectual property may be applied retroactively.
The violation of any of the precepts contemplated in the previous section will entitle Bimetica or be able to exercise a civil action to claim an amount as compensation for a maximum amount of up to € 2,000 for each BIM file whose right is violated.
Likewise, Bimetica, reserves the right to exercise the appropriate criminal actions.
Bimetica warns of the possible use of data authentication mechanisms that allow to securely verify identity. Bimetica reserves the right to inform the State Security Authorities and Bodies of fraudulent identity theft attempts when hiring its services.
Without prejudice to the provisions of clause 5 of this Legal Notice, the use of certain services or requests addressed to Bimetica are subject to prior completion of the corresponding User Registration.
All information provided by the User through the Portal forms for the above or any other purposes must be truthful. For these purposes, the User guarantees the authenticity of all the data that he communicates and will keep the information provided to Bimetica perfectly updated so that it responds, at all times, to the real situation of the User. In any case, the User will be solely responsible for any false or inaccurate statements made and for the damages caused to Bimetica or third parties due to the information provided.
The Internet User who wants to introduce links from their own web pages to the Portal must comply with the conditions detailed below without the ignorance of them avoiding the responsibilities derived from the Law. The link will only link to the homepage or main page of the Portal but you will not be able to reproduce it in any way (offline links, copy of the texts, graphics, etc.). Only Bimetica Iframe codes will be allowed to be included in other websites.
In any case, it will be forbidden, in accordance with the applicable and current legislation at all times, to establish iframes or frames of any kind that surround the Portal or allow the content to be viewed through Internet addresses other than those of the Portal whose objective is deceive the Internet user and, in any case, when they are viewed together with content outside the Portal in such a way that: (I) it produces, or may produce, error, confusion or deception in users about the true origin of the service or Content; (II) involves an act of unfair comparison or imitation; (III) serves to take advantage of the reputation of the brand and prestige of Bimetica; or (IV) in any other way is prohibited by current legislation.
No false, inaccurate or incorrect statement about Bimetica, its partners, employees, clients or the quality of the services it provides will be made from the page that introduces the link.
In no case, will it be expressed on the page where the link is located that Bimetica has given its consent for the insertion of the link or that it otherwise sponsors, collaborates, verifies or supervises the services of the sender.
The use of any word, graphic or mixed brand or any other distinctive sign of Bimetica within the sender's page is prohibited except in cases permitted by law or expressly authorized by Bimetica and provided that a link is allowed in these cases. Directly with the Portal in the manner established in this clause.
The page that establishes the link must faithfully comply with the law and may not in any case have or link with its own content or that of third parties that: (I) are illegal, harmful or contrary to morals and good customs (pornographic, violent, racists, etc.); (II) induce or may induce in the User the false conception that Bimetica subscribes, endorses, adheres to or in any way supports, the ideas, manifestations or expressions, legal or illegal, of the sender; (III) are inappropriate or irrelevant to the activity of Bimetica in attention to the place, content and theme of the sender's website.
Access to the Portal does not imply an obligation on the part of Bimetica to verify the veracity, accuracy, adequacy, suitability, completeness and timeliness of the information provided through it. The contents of this page are of a general nature and do not constitute, in any way, the provision of an advisory service of any kind, so such information is insufficient for the User to make personal or business decisions.
Bimetica is not responsible for the decisions made based on the information provided on the Portal or for damages caused to the User or third parties due to actions based solely on the information obtained on the Portal.
Access to the Portal does not imply any obligation on the part of Bimetica to control the absence of viruses, worms or any other harmful computer element. In any case, the User is responsible for the availability of adequate tools for the detection and disinfection of harmful computer programs.
Bimetica is not responsible for the damages produced in the computer equipment of the Users or third parties during the provision of the Portal service.
Access to the Portal requires services and supplies from third parties, including transport through telecommunications networks whose reliability, quality, continuity and operation does not correspond to Bimetica. Consequently, the services provided through the Portal may be suspended, canceled or inaccessible, prior to or simultaneously with the provision of the Portal service.
Bimetica is not responsible for damages or losses of any kind caused to the User that cause failures or disconnections in the telecommunications networks that cause the suspension, cancellation or interruption of the Portal service during the provision of the same or previously.
The Portal access service includes technical link devices, directories and even search tools that allow the User to access other Internet pages and portals (hereinafter, "Linked Sites"). In these cases, Bimetica acts as a provider of intermediation services in accordance with article 17 of Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce (LSSI) and will only be responsible for the contents and services provided on the Linked Sites to the extent that you have effective knowledge of the illegality and have not deactivated the link with due diligence. In the event that the User considers that there is a Linked Site with illegal or inappropriate content, they may notify Bimetica in accordance with the procedure and the effects established in clause 6, without in any case this communication entailing the obligation to withdraw the corresponding link.
In no case, the existence of Linked Sites must presuppose the existence of agreements with those responsible or owners thereof, nor the recommendation, promotion or identification of Bimetica with the statements, content or services provided.
Bimetica does not know the contents and services of the Linked Sites and therefore is not responsible for the damages caused by the illegality, quality, outdated, unavailability, error and uselessness of the contents and / or services of the Linked Sites or by any other damage that is not directly attributable to Bimetica.
In the event that the User or any other Internet user becomes aware that the Linked Sites refer to pages whose contents or services are illegal, harmful, degrading, violent or contrary to morality, they may contact Bimetica indicating the following points :
- Personal data of the caller: name, address, telephone number and email address;
- Description of the facts that reveal the illegal or inappropriate nature of the Linked Site;
- In the event of violation of rights, such as intellectual and industrial property, the personal data of the owner of the infringed right when it is a person other than the communicator. Likewise, you must provide the title that proves the legitimacy of the owner of the rights and, where appropriate, that of representation to act on behalf of the owner when it is a person other than the communicator;
- Express declaration that the information contained in the claim is true. The reception by Bimetica of the communication provided for in this clause will not imply, according to the provisions of the LSSI, effective knowledge of the activities and / or contents indicated by the communicator.
The company will make use of the civil or criminal actions that by law correspond, in the event of any improper use of its domain, Web Portal, or BIM files, as well as the improper use of the Content in accordance with the terms of the Legal Notice. The disputes that may arise will be governed solely by Spanish law.
For the resolution of any judicial controversy derived from the interpretation and / or compliance with the Legal Notice, the parties, waiving any other general or special jurisdiction that may correspond to them, or because the User's residence or domicile is outside of Spain, submit to to the Courts and Tribunals of Barcelona capital. However, if the User has his residence or domicile in Spain and is considered a "consumer", the above-mentioned submission clause will not apply, but the applicable jurisdiction will be the one that corresponds to him at all times according to said consideration.
In the event that Bimetica has provided a translation of the Spanish version of this Legal Notice or any other documentation in another language, the User accepts that said translation is only provided for the User's convenience and that the Spanish version of this Legal Notice or any other documentation including future binding documentation, will govern relations with Bimetica.
Bimetica Parametric Design Services, S.L., is domiciled at Villarroel Steet No 11, ground floor 1, Calafell (43820), Tarragona, Spain, CIF B-65592925; registered in the Mercantile Registry of Barcelona; Volume 42626, page 110, page 410653, 1st inscription; Contact telephone number 34 + 93-2267322 and contact email firstname.lastname@example.org; is the legitimate owner of the Bimetica® brand, the Content Database and the Portal and the domain www.bimetica.com