BIMcomponents.com

General Terms of Use




I. Acceptance of Terms

GRAPHISOFT SE (registered address: Záhony utca 7., H-1031 Budapest, Hungary; hereinafter referred to as “GRAPHISOFT”) makes the BIMcomponents.com Website (hereinafter referred to as the “Site”), including all information, content and service (hereinafter referred to as “Service”) available through the Site subject to the terms and conditions set forth in this document. These terms and conditions are exclusively to be applied together with other legal documents such as GRAPHISOFT’s Privacy Policy and End User License Agreements of its related Products and Solutions available at www.graphisoft.com/licenses.

By using the Site in any ways including but not limited to downloading content from and/or registering yourself to the Site you accept these terms and conditions as a binding agreement between you and GRAPHISOFT concerning your use of the Site. We may revise this General Terms of Use and Privacy Policy and the other legal documents governing the use of the Site at any time without notice. You are responsible for regularly reviewing these terms and conditions. Continued use of these sites following any such changes shall constitute your acceptance of such changes.

II. Use of the Site

By accepting these General Terms of Use you accept that all information, data, text, photographs, graphics, tags, or other materials uploaded to the Site ("Content") and comments made on the Site, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content or comment originated.

You agree not to publish any Content or comment that is false or misleading; is offensive or obscene; is harassing or invades another's privacy, or promotes bigotry, racism, hatred or harm against any group or individual; infringes on another's rights, including but not limited to intellectual property rights; constitutes unsolicited bulk email, i.e. spamming; or violates any applicable laws or regulations; furthermore, does not contain any personal information or data of a third party.

You agree that GRAPHISOFT is entitled to remove any Content or comment you publish on this Site without notification or without your prior approval. In such case, GRAPHISOFT shall have no responsibility of any kind and you are not entitled to any indemnification. GRAPHISOFT shall have no responsibility of any kind and you are not entitled to any indemnification for and in connection with any infringing, unlawful Content or comment uploaded to the Site.

You accept that your registration according to the terms set forth herein is required to upload any Content to the Site. Downloads from the Site do not require registration. By accepting these Terms of Use you also accept that you shall be able to upload any Content to the Site exclusively in ArchiCAD version 16 or higher.

You also accept that any Content published on BIMcomponents.com is only available for download for end users. Business type usage (i.e. bulk download, republishing on other sites) is strictly forbidden. You are entitled to download any Content exclusively for your personal use and You are not authorized in any way to download Contents for the purposes of offering any services identical or similar to the Service.

III. Registration

You represent and warrant that you are of legal age and you have full capacity to form a binding contract and are not a person barred from receiving services under the laws of your country. Upon registering to the Site, and during the full term of your registration, you agree to provide and maintain true, accurate, current and complete information about yourself. If GRAPHISOFT has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, GRAPHISOFT has the right to suspend or terminate your account and refuse any and all current or future use of the Site. The provision of your personal data to GRAPHISOFT is subject to our Privacy Policy.

IV. User Account

To create a User Account, you need to submit your real name and your email address. You agree not to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, including, but not limited to, (1) an administrator, moderator, or in any way a privileged member of the BIMcomponents.com Community, (2) officer, agent, or employee of GRAPHISOFT or any of its subsidiaries or affiliates.

V. Terminating the User Account

You agree that GRAPHISOFT may cancel your User Account at any time without prior notice and without any consequences. Cause for such cancellation shall include, but not be limited to, (a) breaches of this General Terms of Use, (b) requests by law enforcement agencies, (c) a request by you, (d) technical problems, (e) extended period of inactivity, (f) discontinuance of the Site. In the event of termination under this point, GRAPHISOFT shall have no responsibility of any kind and you are not entitled to any indemnification.

VI. Copyright or intellectual property infringement

You are entitled to upload content to the Site only that which is either your own intellectual property or you have an appropriate valid license from the copyright owner to upload it to the Site according to the terms and conditions of this General Terms of Use. You shall bear full liability for any and all Content uploaded by You. If GRAPHISOFT has reasonable grounds to suspect that any Content uploaded by you may infringe copyright or other applicable laws, GRAPHISOFT will remove it without your consent and without prior notice. GRAPHISOFT may also terminate the accounts of users who repeat infringements. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please report it to the Site administrator. Your report should include your statement that (a) you have a good faith belief that the use of the Content is not authorized by the copyright owner, (b) you are the copyright or intellectual property owner, or you are authorized to act on the copyright or intellectual property owner’s behalf. In the event of removal under this point, GRAPHISOFT shall have no responsibility of any kind and you are not entitled to any indemnification.

VII. License to submitted contents

GRAPHISOFT does not claim ownership of Content you submit/upload to the Site. However, by accepting these General Terms of Use, you grant to GRAPHISOFT and other users of the Site one of the following licenses selected by you when submitting/uploading the Content to the Site:

  1. license for standard content, available at http://creativecommons.org/publicdomain/zero/1.0/; or
  2. license for protected content, available at http://creativecommons.org/licenses/by-nd/3.0/; or
  3. license for commercial content, available at http://www.graphisoft.com/legal/licenses/licenses.html#commercialContent.

By accepting these General Terms of Use you confirm and warrant to GRAPHISOFT that you have all the rights, power and authority necessary to grant one of the above licenses you selected to be applicable to the uploaded Content.

VIII. General practices and limits

You acknowledge that GRAPHISOFT may establish general practices and limits concerning the use of the Website, including the maximum number of models uploaded (in total and/or in a time frame), the maximum size of images uploaded, maximum size of disk space allotted to one User, the maximum number of times, and the maximum duration for which you can access the Site in a given period of time. You agree that GRAPHISOFT has no responsibility or liability for the loss of data stored on its servers. You acknowledge that GRAPHISOFT may cancel accounts that are inactive for an extended period of time and/or infringe any practices and limits established by GRAPHISOFT. You acknowledge that the Service is not available while running your software with "borrowed" (temporary) licenses. You further acknowledge that GRAPHISOFT reserves the right to modify these general practices and limits at any time.

IX. Disclaimer

Except where expressly provided otherwise in a written agreement between you and GRAPHISOFT, to the extent permitted by the applicable rules of law, this Site, and all content, materials, information, software, products and Service provided on the Site, are provided on an "as is" basis and without warranties of any kind, either express or implied, including, but not limited to, the implied warranties of accuracy, reliability, merchantability, fitness for a particular purpose and non-infringement. GRAPHISOFT makes no warranty that the Site will meet your requirements; that the Site will be available on an uninterrupted, timely, secure, or error-free basis; that defects will be corrected; that the Site is free of viruses or other harmful components; or the quality of any products, services, information, or other material purchased or obtained by you through the Site will meet your expectations.

Any content, materials, information or software downloaded or otherwise obtained through the use of the Site is done exclusively at your own discretion and risk. GRAPHISOFT shall have no responsibility for any damage to your computer system or loss of data that results from the download of any Content, materials, information or software.

GRAPHISOFT reserves the right to make changes or updates to the Site, discontinue it temporarily or permanently, at any time without notice. You agree that GRAPHISOFT shall not be liable for any modification or suspension of the website.

X. Limitation of liability

In no event shall GRAPHISOFT be liable for any direct, indirect, incidental, special or consequential damages or damages whatsoever resulting from loss of profits, revenue, data or use, incurred by you or any third party, whether in action of contract, negligence or tort, arising from your access to, or use of, or uploading of Content or downloading from the Site.

Furthermore, in no event shall GRAPHISOFT be liable for any direct, indirect, incidental, special or consequential damages or damages whatsoever resulting from infringement of intellectual property rights of a third person or unauthorized right of personal data by a user including without limitation uploading the Contents to other websites.

XI. Indemnity

As a condition of use of this Site, you, the end user, agree to indemnify GRAPHISOFT, and its directors, officers, employees, agents and suppliers from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your use of the Site, including without limitation any claims alleging facts that if true would constitute a breach by you of these terms and conditions.

XII. Intellectual property/trademark information

The trademarks and other intellectual property owned by GRAPHSIOFT and by third parties available on the Site are protected by applicable rules of laws. To the maximum extent permitted by applicable laws, by GRAPHSIOFT and other intellectual property owners reserve all rights to their trademark/intellectual property not expressly granted hereunder. If you copy or use all or any portion of the trademarks/intellectual property available on the Site in non-compliance with any of the terms of this Terms of Use, you are violating trademark or other intellectual property law, and you may be liable to GRAPHISOFT and other intellectual property owners in particular for damages, and you may be subject to criminal penalties.

GRAPHISOFT, ArchiCAD, and BIMcomponents.com are trademarks of GRAPHSIOFT SE. All rights reserved worldwide.

Unless otherwise specified, the following notice applies to all Contents of this Site:
Copyright © 2011 GRAPHISOFT SE. Záhony u. 7., H-1031 Budapest, Hungary. All rights reserved worldwide.

XIII. Personal information

The user’s privacy is very important for GRAPHISOFT. GRAPHISOFT designed its Privacy Policy to make important disclosures about how users can use the BIMcomponents.com site and how GRAPHISOFT shall collect and can use the user’s content and information. By accepting these General Terms of Use you also accept our Privacy Policy.

XIV. Law and Arbitration

The validity, interpretation and performance of these General Terms of Use and any dispute connected herewith shall be governed and construed in accordance with the laws of Hungary. The Hungarian ordinary courts have exclusive jurisdiction in subjects of any legal disputes arising from or in connection with these General Terms of Use.

If you have any questions regarding these General Terms of Use, please Contact us.