The BIM Hub shall mean The BIM Hub entities which own The BIM Hub which entities are all are wholly owned subsidiaries of BIMobject AB (556856-7696), a duly registered Swedish company having its registered office and principal place of business at Nordenskiöldsgatan 24, 211 19 Malmö, Sweden (collectively “The BIM Hub”).
The BIM Hub will hereafter be referred to as "we", "us", or "our."
The BIM Hub website shall also be referred to herein as: the “Website” and also as “The BIM Hub”.
Eligibility and capacity
You may not register a User Profile use the website or provide any personal data to us BIM Hub if you are under the Minimum Age. The Minimum Age for users in the European Union generally is sixteen (16) (or such lower age that your country has provided for you to consent to the processing of your personal data).
You may only use our website and the Services (defined below) if you can form a binding contract with The BIM Hub and are not legally prohibited from doing so.
If you agree to these Terms on behalf of a company or other entity, you warrant and represent that you are the employee, agent or authorised representative of that company or entity and that you have the authority to enter into these Terms on behalf of that company or entity.
Provision of the Services
You are aware, acknowledge and agree that:
User Obligations -Your Use of the Services
When you access our Website and use the Services you agree to:
What a User cannot do. Under no circumstances shall any BIM Hub User:
Privacy and your Personal Data
The BIM Hub Website Content
Site contents and features, images, information, video, registered and unregistered trademarks are the exclusive property of The BIM Hub, its Users and content suppliers. Site content is protected by appropriate domestic and international copyright, trademark, trade secret and other intellectual property or proprietary rights laws. You may not republish the contents of this Site, delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Site.
When you submit content (i.e. photos, videos, images, audio files, profile information, comments, etc.), you specifically grant us a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, worldwide license to use any content that you submit. Please note we are not responsible for the deletion of content specially if you have shared this content with others and they retain the information and/or otherwise refuse to delete the same.
User to User Communication
You can post threads comprising opinions, ideas and comments on The BIM Hub Forum. The content posted on The BIM Hub Forum is public and can be viewed by other Users. Please make sure that any information that is shared on this Forum is not confidential or subject to third party rights.
Neither the BIM Hub (nor any or all of its Indemnitees as defined in the section of these Terms entitled indemnification) will be held accountable or responsible for any User's misuse or illegal use of any content that may be posted in The BIM Hub Forum or any other parts of the website. The BIM Hub reserves the right to remove or edit any information on the Forum which is in breach or likely to be in breach of any of the terms or conditions of use of The BIM Hub including but not limited to the laws generally and the privacy protection policy.
The BIM Hub User Contributions
By contributing suggestions, ideas, and/or proposals through The BIM Hub suggestion box available on the User Profile page, you acknowledge and warrant that:
The BIM Hub does not monitor or review the content of other third-party websites which are linked to/and from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us. The BIM Hub should not be regarded as the publisher of such opinions or material.
Please be aware that The BIM Hub is not responsible for the privacy practices, or content, of these other sites.
We recommend that you evaluate the security and trustworthiness of any other website connected to this site or accessed through this site yourself prior to disclosing any personal information.
The BIM Hub will not be held responsible for any loss and/or or damages resulting from your disclosure of information to third parties accessed via web links or for use of such links generally. The BIM Hub does not guarantee or warrant the use, content or reliability of the Web links. Each User warrants that it relies or otherwise uses such Websites, based on their own assessment and not in reliance on any representation by The BIM Hub.
You are solely responsible for your interactions with other Users of The BIM Hub, third party developers or any other parties with whom you interact through The BIM Hub website and/or linked services.
The BIM Hub (and its Indemnitees) reserves its right, and is under no obligation, to become involved in any way with these disputes.
The BIM Hub respects the intellectual property rights of others and expects The BIM Hub users to do the same.
We will respond to notices of alleged copyright infringement that comply with applicable copyright laws.
If you believe that your content has been copied in a way that constitutes copyright infringement please email [email protected] and be sure to provide the following information:
We reserve the right to remove content alleged to be infringing without prior notice, at our sole discretion, and without obligation or liability to you. It is The BIM Hub’s policy in its sole discretion to terminate in appropriate circumstances the account of sole or repeat infringers.
Please email [email protected] for further enquiries regarding copyright terms and conditions.
Termination of Your Account
The BIM Hub reserves the absolute right to terminate your account at any time without prior notice to you and without the need to give and reason for such termination in writing or otherwise.
When these Terms come to an end, all of the legal rights, obligations and liabilities that have accrued over time in favour of The BIM Hub and our Indemnitees whilst these Terms have been in force or which are expressed to continue indefinitely shall be unaffected by this cessation.
You agree to indemnify and hold The BIM Hub and BIMobject (and each and all of their respective officers, directors, agents, subsidiaries, joint ventures partners, employees shareholders and third-party service providers (the “Indemnitees”) harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, including all attorneys' fees, costs, expenses or damages arising out of or related to any breach of your obligations, representations and submissions, or your violation of these Term of Use or any law or the rights of any third party.
Disclaimer and exclusion of warranties
The BIM Hub does not guarantee that products /services will function without interruption at any time. Disruptions may occur due to maintenance, updates or due to system and network failures. The BIM Hub is not liable for any malfunctions that may occur due to these reasons.
The BIM Hub is not liable should malfunctions occur due to use of inappropriate hardware or internet bandwidth that make connections slow and/or impossible.
Malfunctions do unfortunately occur and The BIM Hub under no circumstance will be held responsible for malfunctions of any type.
EXCLUSION OF WARRANTIES
YOU ARE EXPRESSLY AWARE, ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES AND ALL ITS ASSOCIATED CONTENT,ARE PROVIDED "AS IS" AND “AS AVAILABLE” AND FREE OF CHARGE.
IN PARTICULAR, THE BIM HUB AND THE INDEMNITEES DO NOT REPRESENT OR WARRANT TO YOU THAT: (i) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (iii) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (iv) DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED; AND (v) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU IN RELATION TO THE SERVICES WILL MEET YOUR EXPECTATIONS.
ANY MATERIAL OR INFORMATION DOWNLOADED ACCESSED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE BIM HUB OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
THE BIM HUB 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.
YOU ARE AWARE, ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION IN RELATION TO THE SERVICE IS TO CEASE USING THE SERVICE.
THE BIM HUB AND ITS INDEMNITEES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTS, DO NOT SUPPORT AND DO NOT ACCEPT ANY RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF).
The BIM Hub Limitation of Liability
The BIM Hub (and its Indemnitees) are:
not responsible for the content or information Users communicate and share on The BIM Hub.
The BIM Hub is not responsible for any detestable, offensive, improper, prohibited or otherwise unsuitable content or information you may come across on The BIM Hub.
not responsible for the actions of The BIM Hub users, whether online or offline.
LIMITATION OF LIABILITY
YOU ARE EXPRESSLY AWARE, ACKNOWLEDGE AND AGREE THAT THE BIM HUB AND EACH OF ITS INDEMNITEES SHALL NOT BE LIABLE TO YOU FOR:
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 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 THE SERVICES; (ii) ANY DEFECT OR INACCURACY IN THE SERVICES OR ITS ASSOCIATED CONTENT; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; (v) ANY OTHER MATTER RELATING TO THE SERVICES AND/OR ITS ASSOCIATED CONTENT; OR (vi) ANY OF THE ABOVE RELATING TO THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF); OR
(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 OTHER USER OR THIRD PARTY; (ii) ANY CHANGES WHICH THE BIM HUB 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 TERMINATION OF THESE TERMS AND/OR YOUR USE OF THE SERVICES OR THE SUSPENSION OR TERMINATION OF YOUR ACCOUNT; (iv) 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; (v) YOUR FAILURE TO PROVIDE THE BIM HUB WITH ACCURATE ACCOUNT INFORMATION; (vi) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL; OR (vii) ANY OF THE ABOVE RELATING TO THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF).
THE LIMITATIONS ON THE BIM HUB’S LIABILITY TO YOU IN PARAGRAPH ABOVE SHALL APPLY WHETHER OR NOT THE BIM HUB OR ITS INDEMNITEES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
Changes of the Terms
You are aware, acknowledge and agree that these Terms constitutes the entire agreement and understanding between you and The BIM Hub relating to the subject matter hereof (but excluding any services which The BIM Hub may provide to you under a separate written agreement) and supersedes all written or oral commitments, undertakings and agreements which have preceded these Terms.
You are aware, acknowledge and agree that any amendment, change or modification of these Terms, other than as set out above, may only be made by a written agreement between the parties.
You are aware, acknowledge and agree that in no event shall any delay, failure or omission of a Party in enforcing, exercising or pursuing any right, claim or remedy under this Agreement be deemed as a waiver thereof, unless such right, claim or remedy has been expressly waived in writing.
If any court of law, having the jurisdiction to decide on this matter, finds that any provision of these Terms (or the application thereof) shall be declared or deemed void, invalid or unenforceable in whole or in part for any reason, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms and the remaining provisions of these Terms shall continue in full force and effect.
You are aware, acknowledge and agree that The BIM Hub may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on or through The BIM Hub. The English language shall be the governing language in your relationship with The BIM Hub.
You are aware, acknowledge and agree that each of The BIM Hub and any and all of its Indemnitees and its parent BIMobject are intended third party beneficiaries of these Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of these Terms which confers a benefit on (or rights in favor of) them. Except as otherwise expressly provided in these Terms, there shall be no other third-party beneficiaries to these Terms.
The User shall not be entitled to assign its rights and/or obligations under these Terms without our prior written consent. The BIM Hub shall be entitled to assign its rights and/or obligations under these Terms without the prior written consent of the User.
Governing law and jurisdiction
These Terms, and your relationship with The BIM Hub under these Terms, shall, to the maximum extent permitted by applicable mandatory law in your jurisdiction, be governed by and construed in accordance with the substantive laws of Sweden without giving effect to the choice of law principles thereof.
Any dispute, controversy or claim arising out of or in connection with these Terms, or the breach, termination or invalidity thereof, shall be settled by a Swedish court of general jurisdiction and the Malmö District Court (Sw. Malmö tingsrätt) shall be the court of first instance.
Notwithstanding the above you are aware, acknowledge and agree that The BIM Hub and its Indemnitees shall always be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction and through any court of competent jurisdiction.
If you have any questions about these Terms, please contact us at: [email protected]