PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES OF BIMicon AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.
Terms and conditions to use BIMicon’s website and its services are set forth in the following documents:
- Site – the website www.BIMicon.com.
- Buyer – A person who purchases Products or downloads Products that are available free of charge from the Site.
- Content – any material published in the Site including but not limited to 3D models, Revit families, Revit projects, scripts, code snippets, pictures, videos, audio materials, and any other information.
- General Terms – this General Terms and Conditions in its entirety and including all terms and (or) information, accessible via any links, provided in this document.
- Contributor – any person who requests a contributor account at the Site, enabling to upload Products to BIMicon’s store and to offer them for sale or as a free download and allowing the person to publish and edit their own content like posts and pages.
- Product – any Content, uploaded by a Seller to the Shop section, Blogs, and Pages or any other section of the Site and thus offered by the Seller to the potential Buyers for purchase or free download.
- Seller – a Contributor.
Table of Contents
License to Use This Site
1.1. This agreement will become effective upon creating a Contributor Account and will remain in effect for the duration of your Account. To register for an Account, you must be and hereby represent that you are a legal entity or an individual 18 years or older who can form legally binding contracts.
1.2. This Site is protected by copyright law and international treaties. You are allowed to use the Site for your personal, non-commercial internal use only unless specifically licensed to do otherwise by BIMicon or unless it is expressly indicated otherwise.
This right to use this Site constitutes a license, not a transfer of title, and you may not nor permit anyone else to:
- modify the Site or use it for any commercial purpose or public display, performance, sale or rental
- decompile, reverse engineer, or disassemble, modify the Site, create derivative works based on the information, published on the Site
- remove any copyright or other BIMicon proprietary notices
- mine, hack, spider, or survey the Site
- copy any proprietary information or ideas from the Site
- transmit spam, bulk or unsolicited communications
- pretend to be BIMicon or someone else, or spoof BIMicon or someone else’s identity or spoof the Site
- forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any Content, published on the Site
- misrepresent your affiliation with a person or entity
- disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other Site users’ ability to use the Site
- engage in activities that would violate any fiduciary relationship, any applicable local, national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm
- collect or store personal data about other users unless specifically authorized by such users
- collect or store Site data for any other purpose except as explicitly allowed herein
1.3. You agree to prevent any violations of this General Terms, including the licensing terms for the Site. Any violation of this General Terms can lead to account cancellation and a revocation of all licenses.
2.1. All information on the Site is copyrighted proprietary material of BIMicon and (or) Contributors and may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without BIMicon’s prior permission. Except as expressly provided herein, BIMicon and its Contributors do not grant any express or implied right to you under any patents, registered design, copyrights, trademarks, or trade secret information of BIMicon.
2.2. BIMicon’s logos, slogans trademarks whether registered or unregistered may not be used without BIMicon’s specific written consent to do so.
Rights, Obligations and Representations of the Seller
3.1. In consideration of your use of the Site, the contributor agrees to:
- provide accurate, current, and complete Contributor account information about you when required by an administrator.
- maintain the security of your password and identification.
- accept all risks of unauthorized access to information and account data. You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the Site.
3.2. You are responsible for all activity that takes place under your Contributor user ID. It is your responsibility to maintain the confidentiality of your user ID and password.
3.3. You acknowledge that your uploaded Products will be rated by Buyers. You agree to allow your reputation score to be shown in your account profile.
3.4. You agree to prevent any violations of this General Terms, including the licensing terms for the Site. Any violation of this General Terms can lead to account cancellation and a revocation of all licenses.
4.1. Contributors may only upload Content they own or otherwise have the right to use and upload. BIMicon does not own any Content uploaded by Contributors and does not claim ownership of the Content you place on the Site and shall have no obligation of any kind with respect to such Content.
4.2. By uploading a Product, the Seller shall be deemed to represent that such Product and use of this Product permitted by General Terms does not infringe the intellectual property of any other party and that the Seller had obtained all necessary model or property releases for use and licensing of the Product. All Members should consult their own legal advisors to determine whether a particular model or property release form and (or) any applicable contract is suitable or necessary for uploading a particular Product or for a particular use of a Product, or whether such use is fair use. Sellers should understand that licenses of Product without a release attached may be negatively impacted if a release is deemed necessary by Buyers or their legal advisors.
4.3. You are entirely responsible for all Content that you upload, post or otherwise transmit via the Site. You agree not to upload, post or otherwise transmit via the Site any Content that:
- is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to BIMicon or other users of the Site.
- includes unauthorized disclosure of personal information and data. This includes any images of an identifiable face or identifiable human figure or other identifiable attributes.
- violates or infringes anyone’s intellectual property rights.
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- the Product does not contain any material that, as a condition of use, requires additional license restrictions such as requiring the publication of source code or Product that limits commercial exploitation of Incorporated Product;
- contains unauthorized third-party commercial advertisements.
4.4. Sellers should keep a backup of their own uploaded Products at all times. Sellers’ files uploaded to the Site cannot be used as a backup source.
4.5. For any Content uploaded to the Site or otherwise submitted to BIMicon, the Seller grants and represents that he has the authority to grant to BIMicon a non-exclusive, worldwide, royalty-free, license in any medium now known or hereinafter invented to:
- reproduce, sell, and distribute net proceeds from any sale, in whole or in part on Seller’s behalf.
- to publicly perform, publicly display, digitally perform, or transmit for promotional and commercial purposes.
- create and use samples of the Product for the purpose of advertising, demonstrating or promoting Seller products or services or those of BIMicon.
- use any trademarks, service marks or trade names incorporated in the Product in connection with Seller material.
- use the name and likeness of any individuals represented in the Product in connection with your Content.
All of the aforementioned license rights shall be used by BIMicon exclusively to ensure proper administration and promotion of the Site.
4.6. Seller retains ownership of the copyrights and all other rights in the Product, uploaded to the Site, subject to the non-exclusive rights granted to BIMicon and the Buyer. Seller is free to grant similar rights to others during and after the term of this General Terms.
4.7. By uploading a Product to the Site, the Seller represents and warrants that:
- the Product is his original work and contains no copyrighted material of any kind that Seller is not the exclusive owner of, including but not limited to: music and/or synchronization rights, images (moving or still) of any kind, writings of any kind, and model clearances/releases.
- The seller has full right and power to enter into and perform this agreement, and have secured all third party consents necessary to enter into this agreement.
- the Product does not and will not infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy, or moral rights.
- the Product does not and will not violate any law, statute, ordinance or regulation.
4.8. BIMicon reserves the right to edit or remove Content that violates the aforementioned terms.
Rights, obligations and representations of the Buyer
5.1. The Buyer may not use the Product, downloaded from this site in a manner that infringes the intellectual property of any other party. The Buyer must abide by the terms of the license granted to the Buyer under this General Terms, as well as any additional Seller terms included with the Product.
5.2. Following the payment of any applicable license fee for any Product, the Buyer may download the Product from the Site and use it in accordance with the applicable license terms.
Determining and changing type of Content
6.1. BIMicon retains the right, in its sole and absolute discretion, to monitor, edit, prohibit, or remove any Content, at any time, without prior notice, for any reason. This right of BImicon shall in no context be interpreted as BIMicon’s obligation to monitor the accuracy and quality of the Content.
6.2. BIMicon implements and maintains business practices of categorizing Content in various categories (such as “Most Popular”, “Best Quality”, “Top Sales” etc.) in order to maximize customer satisfaction and sales. By accepting this General Terms the Seller hereby grants the right to BIMicon to perform such Content categorization upon BImicon’s own judgment.
Termination of this License
7.1. BIMicon may unilaterally terminate this license for the use of the Site at any time, without any prior notifications, if you are in breach of any of these terms and conditions of use, as judged in the sole discretion of BIMicon. Termination of this license is in addition to the other rights and legal remedies available to BIMicon and those rights are reserved.
8.1. All BIMicon’s notifications shall be sent via email at the address you provided to BIMicon. You hereby agree and acknowledge that BImicon shall notify you using either of the aforementioned notification means at its own discretion and is not responsible to notify you in any other way.
Warranties and Liability
9.1. This section contains important information regarding the liability of BIMicon that every Contributor should read carefully and, if necessary, with the appropriate assistance of his legal advisor.
9.2. BIMicon’s Site is a forum for the exchange of Product licenses between the Seller and the Buyer or the Designer and the Buyer. BIMicon merely offers a platform for either Sellers to sell their Product or the Buyers to find a Designer for the desired Product. Thus BIMicon cannot and shall not provide any warranty and accept any liability for any Product and (or) other Content. The Members are solely and exclusively liable for all Products and other Content that they upload, download and (or) otherwise provide or acquire to or from the Site. As BIMicon cannot guarantee that the Content you download or access via the Site is problem-free, our liability to you is limited, as described below. You are also agreeing to indemnify us. We cannot provide a warranty for the Product/Content hosted on this site.
10.1. You agree to indemnify, defend and hold harmless BIMicon, its affiliates, and their respective officers, shareholders, partners, representatives, agents and employees from any and all liability, loss, damages, claim and expense, including reasonable attorney’s fees, related to or arising from your violation of General Terms, your use or misuse of the Site and (or) Content, or any infringement of any intellectual property or other rights as a result of the of Content or your use or provision of the Content. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which you will cooperate with us in asserting any available defenses.
Limitation of Liability
11.1. In no event shall BIMicon or any of its affiliates, or their respective officers, shareholders, partners, representatives, agents, and employees be liable for any direct, indirect, punitive, special, incidental, exemplary or consequential damages or any damages whatsoever (including without limitation, damages for loss of use, data, information, profits or business interruption) arising out of or in any way related to the use or performance of this Site or any linked web site or to any Content or other material obtained through this Site, or otherwise arising out your inability to use this Site or any decision made or action was taken by you in reliance of any information, advice or materials on this Site, whether such damages are based in tort, contract, negligence, strict liability or otherwise, even if BIMicon has been advised of the possibility of such damages. Your sole and exclusive remedy is to discontinue your access to and use of the Site, even if this remedy fails of its essential purpose. As some jurisdictions do not allow the exclusion or limitation of liability to a certain extent, some of the above exclusions or limitations may not apply to you.
12.1. Being only a forum for the exchange of Products’ licenses, BIMicon has no control over the quality or legality of any Content on this Site or the accuracy of any related information. It is your full responsibility to ensure and evaluate the quality and legality of any Content and its use. You agree that BIMicon shall have no liability for any misrepresentation, incomplete statement or failure to disclose any Content data, or for any claims arising from a transaction resulting from your use of the Site or a business transaction you enter into using the Site.
12.2. BIMicon makes all commercially reasonable efforts to ensure that all material, information, and data on this Site are accurate and reliable; however, accuracy cannot be guaranteed.
12.3. This Site is provided by BIMicon on an “as is” basis. BIMicon makes no warranties with respect to this site, and disclaims all applicable warranties, express or implied, including without limitation all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement for the Site and all Content and any warranties arising from course of dealing or usage in trade. BIMicon makes no warranty or representation regarding results that may be obtained from the use of this Site or use of material, information or data downloaded or otherwise obtained from this Site, or regarding the accuracy or reliability of any information obtained from this Site. BIMicon does not warrant or guarantee the accuracy, completeness, correctness, timeliness, or usefulness of this Site or any Content or other material, obtained through use of this Site or that use of this site or any product/content on this Site will meet any requirement, be uninterrupted, timely, secure or error-free. BIMicon shall have no responsibility for the timeliness, deletion, misdelivery or failure to store any user communication.
12.4. By accepting this General Terms you acknowledge and agree that your use of this Site and (or) Content is at your own discretion and risk and that you are solely responsible for any damage that results from the download and use of any Content.
12.4. BIMicon does not warrant or guarantee that Content or other materials and information available through this Site will be free of infections, viruses, worms, Trojan horses or other code that could be harmful to your computer system. You should take all reasonable appropriate precautions against such code and (or) software.
12.5. BIMicon is not liable to users and Contributors of this Site for any damage resulting from the use of this Site or use of Content obtained from this Site and is not in any way responsible for the conduct of users or Members of this Site or for Content posted or exchanged on this Site.
12.6. No advice or information, whether oral or written, obtained by you from BIMicon or in any manner from this Site shall create any warranty.
12.7. Because Content is delivered via the Internet, there may be some circumstances where the delivery of Content is delayed. In no event will BIMicon be liable for any delays in delivery or performance caused by your failure to provide necessary and accurate information in a timely manner, or caused by circumstances or causes beyond BIMicon’s reasonable control.
Third-Party Web Sites
13.1. This Site may link to, or be linked to, other web sites not maintained by or related to BIMicon. These links are provided only as a service to our users and Contributors. BIMicon is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with any linked or linking web site. BIMicon has not reviewed all third party web sites and is not responsible for their content, accuracy, or policies. If you link to or retrieve any other pages or web sites it is at your own risk.
14.4. Any waiver of any portion of General Terms will be effective only if in writing and signed by an authorized officer of BIMicon. This is the entire agreement applicable to Content and your use of the Site.
14.6. No partnership, joint venture, employer-employee, or franchiser-franchisee relationship is intended or created by General Terms.