BIMcontent.com is a brand of Innovative Growth Solutions Pty Ltd of Suite 8, 118 Prospect Road, Prospect, SA 5082 Australia (referred hereafter as ‘IGS’, ‘we’, ‘us’ or ‘our’).
Our website and mobile applications are a web platform for the building design and construction industry. The main type of data hosted on the website is ‘Building Information Modelling’ (BIM) data. The web platform will allow building product manufacturers, architects, design professionals and contractors to share data, connect and collaborate with potential customers and project partners.
2. Intellectual property rights
a. BIMcontentcom is subject to copyright and possibly other intellectual property rights.
b. Subject to your compliance with these terms, we grant you a limited, non-exclusive, non-transferable licence to access and use of BIMcontent.com for your own use.
c. We do not claim ownership of any pictures, project or product information, design ideas or other content or material you upload onto or transmit using BIMcontent.com. Your content remains owned by you or your licensors.
d. We (or our licensors) retain all right, title, and interest in and to BIMcontent.com (excluding your content), and nothing you do on or in relation to BIMcontent.com will transfer any intellectual property rights to you or, except for the licence referred to in paragraph (b), licence you to exercise any intellectual property rights unless this is expressly stated.
3. Linking to this Platform
We host the data of Building Product Manufacturers (BPM’s) so that designers can view, download and use the files to design their building and infrastructure projects. The data is in the form of BIM, CAD, 3D files, product images and technical data sheets. While you may use the name “BIMcontent.com”, “Innovative Growth Solutions Pty Ltd” or “IGS” in the text of any such links or data, you may not use any associated logo or any of our other trademarks without our prior written consent.
You must not frame BIMcontent.com or represent or imply that any part of BIMcontent.com belongs to anyone other than Innovative Growth Solutions Pty Ltd.
4. Reliance on information provided by third parties
Some of the information on BIMcontent.com may be provided by third parties, including building product manufactures, architects and design professionals. Such information reflects the views expressed by those third parties, and not our own. We are under no obligation to perform background searches or investigations of such information or third parties. We cannot guarantee that this information is accurate, up-to-date or complete, and you are solely responsible for determining whether to rely on such information from third parties.
5. Registration and Your Content
a. You are required to register to use BIMcontent.com to access all features on BIMcontent.com.
b. When you register, you may use your email address as your username and create your own password. If you are a customer, you may be provided with a password (which you may be able to change at a later stage) and username which is personal to you. You must not share your username or password with anyone else. You must keep any username and password allocated to you private, and not disclose them to any other person. If you have lost or forgotten your password, you can request that we send a reminder email containing your password to your registered email address.
c. You may cancel your registration, by emailing us from the email address linked to your registration at [email protected] and providing your username.
d. We may, without providing you with notice, suspend or cancel your registration or limit your rights to use the Platform, either temporarily or permanently, if:
- we deem the suspension or cancellation necessary to protect the security and integrity of BIMcontent.com, its users or any data or information stored on BIMcontent.com.
e. We may remove your profile from BIMcontent.com if your registration is cancelled for any reason.
f. We may access your account in connection with supporting your use of BIMcontent.com and may make changes in accordance with your instructions, including to execute actions, change your account details or your profile, on your behalf. This does not affect ownership of our client’s content, which remains owned by them or their licensors.
5.2 Client Content
a. BIMcontent.com is not designed to use as a storage platform. You should retain a separate copy of any of your Content, so that you will continue to have access to the content if for any reason it ceases to become available through BIMcontent.com.
b. You must not use BIMcontent.com to upload or transmit any content that:
- infringes the intellectual property or other rights of another person;
- is defamatory, offensive, abusive, pornographic, profane or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
- relates to unlawful conduct;
- creates a privacy or security risk to any person, including by soliciting personal information from any person;
- solicits money from any person;
- is false, misleading or deceptive;
- contains financial, legal, medical or other professional advice;
- would harm, abuse, harass, stalk, threaten or otherwise offend;
- would reflect negatively on us, including our goodwill, name and reputation;
- tampers with, hinders the operation of, or makes unauthorised modifications to the BIMcontent.com;
- would breach any applicable laws; or
- would otherwise result in civil or criminal liability for you, us or any third party.
c. By providing us with any content, you:
- grant us a non-exclusive, worldwide, royalty-free, perpetual, licence (including a right of sublicence) to use, display, copy, modify and otherwise exploit Your Content in any form or on any medium and for any purpose; and
- warrant that you have the right to grant such licence.
d. You agree to indemnify and hold us (including any of our directors, officers, employees and contractors) harmless from any claim made by any third party arising out of us exercising the rights granted to us in relation to the content provided.
6. General restrictions
In using BIMcontent.com, you must not:
a. provide us with inaccurate or incomplete information;
b. violate any applicable laws, or use BIMcontent.com for any purpose that is unlawful;
c. distribute viruses, spyware, corrupted files, or any other similar software or programs that may damage the operation of any computer hardware or software;
d. operate software or automated agents or scripts of any kind in connection with BIMcontent.com to generate multiple accounts, automated searches or requests, or to strip, scrape, or mine data from BIMcontent.com (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);
e. infringe our intellectual property rights, copy, alter, modify, tamper with, create derivate works of, decompile, reverse engineer or attempt to reverse engineer, the Platform, or use BIMcontent.com to develop other software, system or service, including any software, system or service which may compete with BIMcontent.com anywhere in the world or permit or facilitate any third party to do the same;
f. use BIMcontent.com (or the information obtained from it) for spamming, bulk emailing or bulk mailing or for sending any other form of unwanted communication;
g. use BIMcontent.com (or the information obtained from it) in any way which we, acting reasonably, consider is or may be fraudulent;
h. contact other users of BIMcontent.com without a reasonable likelihood that your product or service is relevant for the user considering their role and their company’s products/services;
i. collect or store data about other users of BIMcontent.com without their consent; or
j. engage in any conduct that inhibits any other person from using or enjoying BIMcontent.com.
7. Warranties and liability
In particular, and without limiting paragraph (a):
- while we endeavour to provide a convenient and functional Platform, we do not guarantee that your requirements will be met or that your use of the Platform will be uninterrupted, error free or that the Platform is free of viruses or other harmful components;
- we cannot be responsible for any loss, corruption or interception of data sent to or from BIMcontent.com which occurs outside of our computer systems (such as those which occur while being sent over the internet); and
- you are solely responsible for your interactions with other users of BIMcontent.com and any other parties with whom you interact through the Platform and we are not responsible for any liability you incur in connection with such interactions.
b. We recommend that you install and use up-to-date anti-virus, anti-spyware and firewall software on your computer.
- in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
- in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
f. Subject to our obligations under the Non-Excludable Provisions, and to the maximum extent permitted by law, we are not liable for, and no measure of damages will, under any circumstances, include:
- special, indirect, consequential, incidental or punitive damages; or
- damages for loss of profits, revenue, goodwill, anticipated savings or loss or corruption of data,
- whether in contract, tort (including negligence), in equity, under statute or on any other basis, whether such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.
g. Our liability to you is diminished to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.
8. Variation of BIMcontent.com
We may from time to time and without notice, vary, modify or cease to provide, temporarily or permanently, part of or all BIMcontent.com.
9. Links and advertisements
BIMcontent.com may contain links to other third-party websites, advertisements which include embedded links and listings for the businesses and products of other users of BIMcontent.com. We have not reviewed any of the sites linked to BIMcontent.com and are not responsible for the content or accuracy of any off-site pages or any other sites linked to BIMcontent.com. The inclusion of any business, product, link or advertisement on BIMcontent.com does not imply that we endorse the included business or product, the linked site or the subject matter of the advertisement.
11. Force Majeure
Neither party will be liable for any failure or delay in performing any of its obligations under these terms if such delay is caused by circumstances beyond that party’s reasonable control.
12. Infringing or objectionable content
If you believe BIMcontent.com contains elements that are objectionable, or infringe copyright or any other rights, please contact us by emailing [email protected], and provide particulars of such content and a detailed description of why it is objectionable or infringing.
d. Your use of BIMcontent.com is conducted electronically and you agree that we may communicate with you electronically for all aspects of your use of the Platform, including sending you electronic notices.
f. No waiver, delay or failure by us to take any action shall constitute or be construed as a waiver of that or any other term, condition, option, privilege or right we may have.