This agreement has been drafted in Spanish from Spain. In case of discrepancies between the original and a translated version, the original in Spanish is the binding document.
CYPE Ingenieros, S.A. makes available the BIMserver.center platform (hereinafter BIMserver.center, or the platform) to users and internet users. BIMserver.center is a platform for professionals and companies involved in the development of an architectural, engineering and/or construction project, where they can develop their projects in an open and global BIM environment.
BIMserver.center provides users with access to a wide collection of resources and tools for the development of projects.
To register and/or use the BIMserver.center platform, you must: be over 16 years of age and have legal capacity to contract, as well as be able to accept on behalf of the user each and every one of the clauses set forth in this document, as well as each of the warnings or specific clauses that are established for the creation of profiles within the platform and for the use of certain services and/or sections of BIMserver.center.
The following legal texts, which exist in BIMserver.center and must be accepted, complement the present Terms and Conditions:
By creating a profile and/or using the BIMserver.center platform, the user accepts and subscribes unreservedly these Terms and Conditions of use, considered in any case a legally binding agreement between the user and BIMserver.center.
The user undertakes to provide truthful and up-to-date information about his person as required in the different registration forms, publications, sections, profiles and/or similar sections of BIMserver.center.
The user undertakes to keep his/her registration data and personal data updated, so that they are truthful, correct and up-to-date.
If the user provides false, inaccurate, outdated, third party, incomplete, or similar information, and if BIMserver.center has reasonable grounds to suspect misuse of data and/or content within the platform, BIMserver.center will have the right to suspend or cancel the use of the account and/or user profile at any time, without prior notice.
In order to complete the process of registering and creating profiles in BIMserver.center, the user will create a password, being solely responsible for maintaining its confidentiality, as well as all activities that are carried out in his/her profile or account, using his/her password. The user also undertakes to:
BIMserver.center shall not be liable for any loss or damage resulting from the user's failure to comply with the provisions described in this document.
The user understands and accepts that by simply being registered in the platform, BIMserver.center may include certain communications, such as advertisements and/or communications about the service, activation or deactivation of accounts, password changes, answers to queries, notifications, alerts or similar aspects. The user should consider these communications to be an indispensable part of the service, which allows for the correct operation of the platform.
Notwithstanding that exposed previously, the user also expressly authorizes BIMserver.center to notify by electronic or postal means any communication about the service, as well as commercial communications on its products or services, using the addresses, telephone numbers and/or emails provided by the user on his/her registration or registration forms.
The user also accepts that the service may include the publication of commercial promotions of third parties, as these promotions are a necessary and essential tool for BIMserver.center to continue to operate and provide the services that are offered.
The user may limit the internal notifications and the sending of own and third party communications, or at any time revoke the consent for the sending of commercial communications to BIMserver.center by sending an email to: email@example.com.
The user assumes that BIMserver.center is a professional space that offers the possibility to publish, share content, exchange information between users, projects, images, links and/or similar contents of an exclusively professional nature.
The user will be solely responsible for the consequences of approving or denying contact requests of other users, as well as limiting the editing rights of these users on their own content.
The user understands and accepts that all information, data, texts, graphs, photographs, videos, sound, messages, articles, opinions or other materials (hereinafter the "Content") transmitted or published through the BIMserver.center platform, will be solely the responsibility of the person who originated and published the content. This means that the user and not BIMserver.center, is entirely responsible for everything that the he/she incorporates in the platform, sends and/or transmits using the different ways made available to users in the different communication channels of BIMserver.center.
BIMserver.center reserves the right to remove, without prior notice and without right to reply, any content, publication or action that is considered harmful to the interests of BIMserver.center, its users and/or third parties, and that includes contents that:
The user authorises BIMserver.center to modify or alter such publications and/or contents, for the sole purpose of adapting them to the needs of the editorial format of the platform, without it being understood that any type of lesion exists at all on any of the moral powers of copyright that users and/or authors could bear on them.
The user agrees that all published content is previously reviewed by a moderator, to ensure the contents meet the good use criteria of the platform.
Users can cancel their user profile upon request by sending an email to: firstname.lastname@example.org.
The information contained in the profile will be treated in accordance with the provisions of Spanish Organic Law 3/2018 of 5 December on the Protection of Personal Data.
The user agrees that BIMserver.center has no responsibility or liability for the deletion, loss, or failure to store or send content, other communications or its publication, transmitted through the services offered within the platform.
BIMserver.center reserves the right to remove accounts and/or user profiles that are inactive for an extended period of time and to modify these general practices and limits at any time, at its sole discretion, without prior notification to the user.
BIMserver.center reserves the right to modify, or discontinue the offered service through the platform, any part of it, temporarily or permanently, at any time and periodically, for which BIMserver.center will not be responsible towards the user or third Parties for any modification, suspension or interruption of the platform or the services offered therein.
To the extent permitted by applicable law, BIMserver.center, its administrators, employees and/or authorised personnel will in no case be responsible for lost profits or indirect damages arising out of the use or inability of the use of the platform, including without limitation of damages, damages due to loss of profits, business interruptions or any other type of indirect damages, even if BIMserver.center has previously been informed of the possibility of such damages occurring.
These Terms and Conditions of use may be amended. These modifications may be communicated directly through the publication and substitution of the present ones, with the exception of those that establish relevant changes in the processing of personal data and the privacy of users, which, if not expressly communicated, could harm the privacy of the user, and hence these will be notified via the email of users, within the platform and/or by similar procedures.
For any discrepancy that may arise with respect to the interpretation of the content of these Terms and Conditions of use, BIMserver.center and any individual or legal entity that makes use of the platform submit, expressly waiving any jurisdiction that may correspond, to the courts of Alicante, Spain. The law applicable to the agreement is Spanish law.