Terms Of Use

Terms of the website use

This terms of use (together with the documents referred to in it) tells you the terms of use on which you may make use of our website. Use of our site includes accessing, browsing, or uploading models to be viewed via our website. Please read these terms of use carefully before you start to use our site, as these will apply to your use of our site. We recommend that you print a copy of this for future reference. By using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, you must not use our site. For the purposes of these Terms of use: (a) 'Content' means all data and information uploaded, submitted, downloaded, displayed or appearing on or through our site, including, without limitation, text, data, graphics, information, designs, drawings, logos, displays, artwork, images, CAD files, other files, schematics, models, photographs, sound, musical works, audio or video clips, works of authorship, usernames, profiles (b) 'BIMer' means the online, Web-based application available via the website registered to Dynamic Solutions. (c) 'Terms of use' means these terms of use which form the entire agreement between Dynamic Solutions and You regarding the use of the BIMer. (d) 'Users' mean any users of the BIMer. (e) 'You' means the individual accessing or using the BIMer or the company or other legal entity on behalf of which such individual is accessing or using the BIMer, as applicable.

Other applicable terms

These terms of use refer to the following additional terms, which also apply to your use of our site: Our Privacy Policy which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

Information about us

The site is operated by Dynamic Solutions. Please find detailed company information in the 'About Us' section.

Changes to our site

We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our site, or any content on it, will be free from errors or omissions.

Changes to these terms

We may revise these terms of use at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.

Accessing our site

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them. Any samples, drawings, descriptive matter or advertising on our site are issued and published for the sole purpose of giving an approximate idea of the services described in them and should not therefore be taken as a representation or warranty as to the content of such services.

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. The exception to this rule may be models (or other files) which can be either commonly available to the public (for example under Creative Commons Licence) or are displayed based on an agreement with the owner of the intellectual rights to them for the purpose of promotion.

No reliance on information

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

Limitation of our liability

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied. We will not be liable to any user for any direct, indirect, punitive, incidental, special, or consequential damages, including without limitation damages for loss of use, data, or profits, arising out of or in any way connected with (a) the use, inability to use, delay, or performance of our site; (b) the provision of or failure to provide services; (c) any information, content, products, training, and other services obtained through our site; or (d) any other matter relating to our website, whether based on contact, tort, negligence, strict liability, or other theory of liability, even if we have been advised of the possibility of such damages. If you are dissatisfied with any portion of our site, or with any of these Terms of use, your sole and exclusive remedy is to discontinue using our site. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it. We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Uploading content to our site

You, or a third party represented by you, as applicable, retain ownership of all intellectual property rights to content that you upload to our site, subject to the rights granted to us pursuant to a paragraph below. Access to and sharing of your content and your information remains at all times in your control. You grant us a non-exclusive, perpetual, irrevocable, worldwide, royalty-free license to use your content for the purpose of testing and further development of the BIMer and our other software products and related services. By submitting Content to the BIMer, you represent and warrant that (a) You are entitled to do so and grant licenses to such Content as set forth in these Terms of use; (b) submission of such Content does not infringe the intellectual property rights of any third party; and (c) Your disclosure of Content does not violate any obligations of confidentiality that You may have towards any third party. We also have the right to disclose your identity to any third party who is claiming that any content uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.

Viruses

We make reasonable attempts to exclude viruses from our site, but we cannot ensure that the Website will be at all times free from viruses or other destructive software. You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Our site must not be framed on any other site, unless a separate agreement is reached. If you wish to make any use of content on our site other than that set out above, please contact info@bimer.eu

Third party links and resources in our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.

Discontinued use/survival

You may discontinue your participation in and access to our site at any time. These Terms of use will continue to apply to all past use of our site by you, even if you are no longer using it, whether voluntarily or because we terminated your access.

Applicable law

If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by Polish law. You and we both agree to that the courts of Poland will have non-exclusive jurisdiction. If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by Polish law. We both agree to the exclusive jurisdiction of the courts of Poland.

Contact us

To contact us, please email info@bimer.eu

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