BIMx Model Sharing Service
I. Acceptance of Terms
II. Use of the Model Sharing Website
You agree not to publish any Content or comment that is false or misleading; is offensive or obscene; is harassing or invades another's privacy, or promotes bigotry, racism, hatred or harm against any group or individual; infringes on another's rights, including but not limited to intellectual property rights; constitutes unsolicited bulk email, i.e. spamming; or violates any applicable laws or regulations; furthermore, does not contain any personal information or data of a third party.
You agree that GRAPHISOFT is entitled to remove any Content or comment you publish in the framework of the Service without notification or without your prior approval. In such case, GRAPHISOFT shall have no responsibility of any kind and you are not entitled to any indemnification. GRAPHISOFT shall have no responsibility of any kind and you are not entitled to any indemnification for and in connection with any infringing, unlawful Content or comment published in the framework of the Service.
You accept that your registration according to the terms set forth herein is required to use the Service.
You also accept that any Content published in the framework of the Service is only for your personal use and You are not authorized in any way to download Contents for the purposes of offering any services identical or similar to the Service.
IV. User Accounts
To create a User Account, you need to submit your real name and your email address. You agree not to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, including, but not limited to, (1) an administrator, moderator, or in any way other genuine users of the Service, (2) officer, agent, or employee of GRAPHISOFT or any of its subsidiaries or affiliates. User Accounts maybe created in one of the following cases:
- if you are a legitimate student or teacher of an academic institution you are entitled to use the Education version of ArchiCAD and BIMx together with the Service by creating an Educational account,
- if you are a commercial user of ArchiCAD you are entitled to use BIMx and the Service for a limited period of time by creating a Trial account,
- if you are a commercial user of ArchiCAD AND BIMx you are entitled to use the Service without time limitation by creating a Commercial account and
- if you are a commercial user of ArchiCAD and BIMx and you have a valid Software Service Agreement (SSA) you are entitled to use the Premium functions of the Service as long as you have a valid Service Contract by creating a Premium account.
Education and Trial accounts maybe upgraded to Commercial account by holding and/or purchasing a commercial license of ArchiCAD and BIMx. A Commercial account may be upgraded to Premium account by signing a Software Service Agreement (SSA). A premium account will be falling back to Commercial account once your Software Service Agreement expires.
V. Terminating the User Account
VI. Copyright or intellectual property infringement
VII. General practices and limits
You acknowledge that GRAPHISOFT may establish general practices and limits concerning the use of the Service, including the maximum number of models uploaded (in total and/or in a time frame), the maximum size of images uploaded, maximum size of disk space allotted to one User, the maximum number of times, and the maximum duration for which you can access the Service in a given period of time. You agree that GRAPHISOFT has no responsibility or liability for the loss of data stored on its servers. You acknowledge that GRAPHISOFT may cancel accounts that are inactive for an extended period of time and/or infringe any practices and limits established by GRAPHISOFT. You further acknowledge that GRAPHISOFT reserves the right to modify these general practices and limits at any time.
VIII. Content Storage
- users with an Education Account are entitled to publish up to 100 MB Education version BIMx models on the public BIMx Community site as long as they hold a valid Education license of ArchiCAD,
- users with a Trial Account are entitled to publish up to 100 MB full version BIMx models on the public BIMx Community site for 30 days after first launching ArchiCAD,
- users with a Commercial Account are entitled to publish up to 100 MB full version BIMx models on the public BIMx Community without time limitation and
- users with a Premium Account are entitled to publish up to 100 MB full version BIMx models on the public BIMx Community site and up to 1 GB full version BIMx models on the private BIMx Model Sharing Transfer Site as long as they hold a valid Software Service Agreement.
You agree that GRAPHISOFT may remove models at its own discretion and without any prior notice from the public BIMx Community. You also agree that GRAPHISOFT will remove your models stored on the private BIMx Model Sharing Transfer Site if the requirements for your Premium Account are not met anymore. In such event it is your exclusive responsibility to remove and archive your Content in due time before your Premium Account together with your private content stored in your premium storage is eliminated.
Except where expressly provided otherwise in a written agreement between you and GRAPHISOFT, to the extent permitted by the applicable rules of law all content, materials, information, software, products and service provided in the framework of the Service, are provided on an "as is" basis and without warranties of any kind, either express or implied, including, but not limited to, the implied warranties of accuracy, reliability, merchantability, fitness for a particular purpose and non-infringement. GRAPHISOFT makes no warranty that the Service will meet your requirements; that the Service will be available on an uninterrupted, timely, secure, or error-free basis; that defects will be corrected; that the Service is free of viruses or other harmful components; or the quality of any products, services, information, or other material purchased or obtained by you in the framework of the Service will meet your expectations.
Any content, materials, information or software downloaded or otherwise obtained through the use of the Service is done exclusively at your own discretion and risk. GRAPHISOFT shall have no responsibility for any damage to your computer system or loss of data that results from the download of any Content, materials, information or software.
GRAPHISOFT reserves the right to make changes or updates to the Service, discontinue it temporarily or permanently, at any time without notice. You agree that GRAPHISOFT shall not be liable for any modification or suspension of the Service.
X. Limitation of liability
In no event shall GRAPHISOFT be liable for any direct, indirect, incidental, special or consequential damages or damages whatsoever resulting from loss of profits, revenue, data or use, incurred by you or any third party, whether in action of contract, negligence or tort, arising from your access to, or use of, or uploading of Content or downloading in the framework of the Service.
Furthermore, in no event shall GRAPHISOFT be liable for any direct, indirect, incidental, special or consequential damages or damages whatsoever resulting from infringement of intellectual property rights of a third person or unauthorized right of personal data by a user including without limitation uploading the Contents to other websites.
As a condition of use of the Service, you, the end user, agree to indemnify GRAPHISOFT, and its directors, officers, employees, agents and suppliers from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your use of the Service, including without limitation any claims alleging facts that if true would constitute a breach by you of these terms and conditions.
XII. Intellectual property/trademark information
GRAPHISOFT, ArchiCAD, and BIMx are trademarks of GRAPHSIOFT SE. All rights reserved worldwide.
Unless otherwise specified, the following notice applies to all Contents of this Site:
Copyright © 2011 GRAPHISOFT SE. Záhony u. 7., H-1031 Budapest, Hungary. All rights reserved worldwide.
XIII. Personal information
XIV. Law and arbitration