General Terms of Use

Créez et publiez vos objets et de données pour le BIM

When using the BIM&CO web site, the user automatically agrees to the following terms of use:

Object

These General Terms and Conditions are meant to define the ways in which the services of the BIM&CO Platform, hereafter "the Platform," are made available, as well as the Conditions of Use of the Service by the User.
Any access and/or use of the Platform constitutes an acknowledgement and unconditional acceptance of all of these Terms and Conditions. They are, therefore, a contract between BIM&CO and the User.
If the User does not agree to all or part of these general terms and conditions, he is requested not to use the Platform in any way.


Legal disclaimers

The Platform is edited and maintained by :
BIM&CO SAS with a capital of 695 420 €, headquartered at Parc Eco Normandie 76430 Saint Romain de Colbosc – France. Telephone : +33(0)232 794 426, registered to the local registration office in Le Havre SIRET N°81000094300011 and declared to the CNIL (French national committee on data processing and personal liberties) under number 1918671.
The publication director is Mr Etienne MULLIE, CEO
The hosting company is OVH


Definitions

Words and definitions which are described hereunder are used in the conditions and terms.
BIM&CO : represents BIM AND CO SAS Company
BIM&CO Platform : functionalities and public content found in the database and which are published by Users
Intellectual Property : all rights linked to the Intellectual Property and related, including Author Rights, brands, patents, drawings and models, company names and domain name.
Content : all content (digital models, files, data, comments,…) published on the Platform and stored in its database.
Data : all or part of the Content according to the situation.
User : Platform registered member who publish or use data, user can be associated to a company, a partner, a manufacturer or for his own use.
BIM Object : on the BIM&CO website, a BIM Object represents all data and models which are necessary to describe a real object, which is posted by a User.
BIM object author : User who posts content, a BIM object.
Manufacturer : company which design and make products.
BIM&CO community : represents all, a part of the Users, or one of them according to the environment.
Upload : download Data within BIM&CO Platform servers.
Download : recover Platform’s content in a user workspace.
Data enhancement : additional content uploading process to a BIM object by an user and not by the Author.
API WEB Services : allow processing platform data
BIM&CO Database : all platform data are placed in a database which is stored on the Cloud servers.


Access conditions to services

Services Provided

BIM&CO is a collaborative platform dedicated to the digital mockup content for architects, engineers, designers, technicians, economists, buyers, project managers, schools, training center as well as all BIM actors (BIM).
BIM&CO platform allows all BIM actors to publish and use digital content as described hereunder:

  • 3D and 2D geometric models from different software
  • Properties
  • General documents
  • Frames
  • Links and other information

This digital content shows, or is related to real objects, which are generic or designed by a manufacturer. Object can be generated by applications or configurator. The content can be treated by external apps (plugin, driver…) or via API Programs or WEB Services.
The available content which is proposed on BIM&CO can be provided by manufacturers, website users, identified company users, and identified partners which are named Content Partner or Software Partner.

The BIM&CO Platform is collaborative and aims to publish as much as possible high quality content in advancing design and content use, encouraging exchanges between community platform members. Therefore, Platform data can be public and visible by all users’ community or, private and only visible to people who have been authorized by the private space administrator.

If an author publishes or updates content, he has to be identified on the Platform. Its full contact information is known. Authors and users can chat directly.

BIM&CO is responsible for promoting and facilitating the platform, encouraging the best practices spreading, developing solutions of using data as well as having its platform community members’ rights respected.

Access to services

The Service is accessible at no charge to any User with Internet access.
This mode of operation has been chosen to foster the worldwide uptake of the Platform and thus offer a platform where all manufacturers and organisations offering BIM objects can be welcomed.
Premium memberships are however available so that members can access added value services.

To consult, publish or update content, the User must be identified by the Platform following his/her online registration and choice of a password.

Community uploading data

Generalities

Content available on the Platform results from the whole downloads which are made by the Community using either the publishing content assistant, or the automatic publishing process (from template files) or API / WEB Services supplied by BIM&CO.

A Platform User, registered with its login, when publishing content becomes the Author of its content. Henceforth, Content which is posted by a community User is under its sole and exclusive responsibility. He must be sure to have all rights requested to publish this content.

BIM&CO will not undertake to check that Content on the Platform is not breaking either author rights or Intellectual Property. If a User thinks that his rights are undertaking, he can contact directly the Author and BIM&CO, which will try to resolve the disagreement complying with the law and the Platform spirit.

BIM&CO can take off content from the Platform for any reason without notice. Content Author, in this case cannot ask for any compensation.

BIM&CO makes its best to keep high quality Content to have it directly workable by Users.
BIM&CO may control the Content or install an automatic process to check the Content quality level. However, BIM&CO does not have any systematic control on all posted data or if it fits with Users needs.
Furthermore, BIM&CO together with the Community has made guides sharing best practices on making content for digital mockup use.

The Users can make comments or suggestions to the Author’s content. They also can propose improvements. These are only provided to help the Author and community members, for a better design and Content use.
It is therefore strictly forbidden to use it to denigrate either the Author or the Platform.

Data types

The BIM&CO Platform contain 3 content types:

Certified Generic Object : A certified generic object shows a real world object for which it has not been decided yet who will be the manufacturer. In the digital mockup development, Author often does not know who will be the manufacturer, generic object are then used and replaced or updated at the end by a manufacturer object. BIM&CO made and checked this object with its partners to make sure it will meet the general requirements of the users.

Manufacturer Object : An official manufacturer posts itself its own data on the platform, either with its team or with a Content partner. Manufacturer is responsible for its data as much as if it was send to its customer via mail or a printed catalogue.

User Content : if a user needs a manufacturer object which is not on the platform, he can design, upload and propose it to the community. It is non-official and does not engaged manufacturer responsibility, the User, who accepts its rule, will have to care about it and have a look at all data before using it.

Using data – Author rights

Authors publish and create data for Bim and other purposes.
The Author authorizes Users to exploit the content for their personal use or through the design or exploitation of projects or digital models.
The Author grants that the content can be modified in order to be adapted to the use of these projects or digital models.
In addition, modified or enhanced content can be re-published on the Platform, either as a new object, if the changes generate a new object, or as an enriched object.
If copyright or other legal notices appear on the data or on a document accompanying such data, the User is obliged to respect and enforce these rights.
The content of the Platform cannot be used for publication on another content site.
Any commercial use of the content is strictly prohibited, in particular with a view of providing a similar service.
Downloading in large numbers and / or automating content downloading is also prohibited.
Apart from the use in projects or digital models, the direct transfer of the content to a third party, for a fee or for free, is forbidden.
The transfer of content to a third party must be done using the Platform features.

Registration and personal data

To access the Platform, the User must disclose his identity. He undertakes to provide truthful and accurate information about his identity, his function, as well as the identity and the activity of his company.

Users are informed that BIM&CO, under the CNIL declaration n° 19118671, undertakes automated processing of their personal data. Accordingly, and in accordance with the French data protection legislation of 6 January 1978 ("Informatique et Libertés", Art. 27) as amended by the law of 6 August 2004, data, Users have the right to access, amend, correct and delete personal data held about them. Users may exercise this right at any time by contacting :
BIM&CO
Service de gestion des bases de données utilisateurs
Parc Eco Normandie
76430 Saint Romain de Colbosc
France.

The personal data collected for administration purposes may also be used by BIM&CO and its partners for commercial purposes (solicitation, creation of directories), within the limits imposed by applicable legislation.

BIM&CO can also be liable to forward this data to manufacturers registered on the Platform, whose catalogues have been downloaded. However, Users may object to such transfer by indicating such using the abovementioned contact point.

Each user account must be used only by the registered person (via his name and e-mail address) and must not be shared with, or transferred to any other individual.

Restrictions on Content and Use of the Platform

  • The User agrees not to use Platform to :

    • Upload, post, or transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable
    • Harm minors in any way
    • Impersonate any person or entity or falsely state misrepresent Suppliers’ affiliation with a person or entity
    • Forge headers or manipulate identifiers to disguise the origin of any Content transmitted through the service
    • Upload, post, or transmit any Content without the right to transmit such Content under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
    • Upload, post, or transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party
    • Upload, post, or transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation
    • Upload, post, or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
    • Interfere with or disrupt the Platform service or servers or networks connected to the Site or disobey any requirements, procedures, policies or regulations of networks connected to the Platform
    • Stalk or harass another user
    • Collect or store personal data about other users
    • Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals; this may include, but is not limited to, providing instructions on how to assemble bombs, grenades, and other weapons
    • Use the Platform as storage for remote loading or as a door or signpost to another home page, whether inside or beyond the Site


Warranties - Limitation of Liability

Although BIM&CO makes its best efforts to provide reliable site and services, the User should be aware that the security of data on Internet cannot be entirely guaranteed. The services are therefore furnished « as is ». Also, considering that it is not possible to guarantee the accessibility of the site at all times because of the specific technical conditions of Internet, BIM&CO cannot be held responsible of imponderables, beyond its control.

By using the Platform, the User acknowledges that :

(1) BIM&CO does not guarantee the accuracy, integrity, or quality of the data or guarantee that such data is free of viruses, or harmful code

(2) He is responsible for evaluating and bearing all risks associated with the use of any data, including any reliance on the accuracy, completeness or usefulness of such data

(3) Under no circumstances will BIM&CO be held liable in any way for any content or arising from content, including but not limited, to any errors or omissions in any content or for any loss or damages of any kind incurred as a result of the use of any content, including harm from viruses or harmful code

As a consequence, in no event BIM&CO shall be liable for any special, indirect, exemplary, incidental, consequential, or punitive damages (including but not limited to any damages resulting from loss of use, loss of data, loss of profits, or loss of business) arising out of or in connection with the provisions of the Platform.

Thereupon, the use of the services or the downloading or other acquisition of any content through the Platform is done at the User’s own discretion and risk, and with his agreement that he will be solely responsible for any damage to his computer system or loss of data that results from such activities 


Links to third parties websites

BIM&CO provides links to websites operated by other parties as a convenience to the User. However, BIM&CO does not monitor nor control the content and assumes no responsibility or liability of any kind for any material or communications available at such websites.


Termination

BIM&CO may, in its sole discretion and without prior notice, remove or disable the User’s access to the Platform if it is made aware of data that may be (i) libellous, obscene, excessively violent, scandalous, defamatory, or that BIM&CO determines to be otherwise unacceptable, undesirable, or objectionable, (ii) a violation of any law, regulation, or rights of a third party, including, but not limited to, rights under the copyright law and prohibitions on libel, slander, and invasion of privacy, or (iii) a violation of the Acceptable Use Policy set forth herein.


Notifications

The User agrees that any notification made under the present General Terms and Conditions of Use should be submitted by non-coded emails. This is of particular relevance for emails containing confidential data on the User, such as a password due to an oversight.


Applicable law and jurisdictions

These Terms and Conditions comply with French Law.
Assignment of jurisdiction in case of dispute, and failing amiable settlement between the parties, shall be to the competent law courts of LE HAVRE (France).


Cookies

Cookies are small pieces of information or text that are issued to the User’s computer when he visits a website and are used to store or track information about his use of the site. 

BIM&CO uses cookies to collect and store certain information, enhance the User’s browsing experience and make his interactions with the Platform more meaningful.

For example, BIM&CO may use cookies to :

  • determine whether the User has visited the Platform before and hence without requiring his user name and password once again
  • Inform about site features in which the user has interest, and thereby permits to better tailor the Platform contentmeasuring how many people are using services, so they can be made easier to use and there’s enough capacity to ensure they are fast,
  • Measure the number of people using the Platform and make sure that its capacity is enough to ensure its speed

BIM&CO uses both permanent cookies and temporary cookies.
Temporary cookies exist only during the User session and expire when the User logs off from the platform whereas permanent cookies are files that stay in order to be used during subsequent visits

User will be notified the first time he receives a cookie, and then will have to decide whether to accept or refuse it.

By continuing to use the site in consideration of the above, the User expressly authorizes BIM&CO to use such cookies. 

The User may also decline to accept cookies by configuring his browser. However, by doing so, it may impact on the functionalities of the Platform and the User may be unable to access certain parts of the Website.