Legal Notice – 10/11/2018

The present provisions regulate the service use of the Internet portal (hereinafter, the “Portal”) that the entity Bimetica Parametric Design Services, S.L. (hereinafter, Bimetica) makes available to Internet Users.

BIMChannel© is a registered trademark of Bimetica Parametric Design Services, S.L., hereinafter BIMChannel

1) CONDITIONS OF ACCES AND USE

Access to the website is free except for the cost of the connection through the telecommunications network provided by the access provider contracted by the users.

The use of the Portal attributes the condition of user of the Portal (hereinafter, the “User”) and implies the acceptance of all the conditions included in this Legal Notice without restrictions. The provision of the service by the Portal has limited duration at the moment in which the User is connected to the Portal, or any of the services that are provided through it. Therefore, the User must carefully read this Legal Notice each time in which he or she intends to use the Portal, since the conditions of use contained in this Legal Notice may be modified.

Some internet Portal services accesible by the user may be subject to particular conditions, regulations and instructions that, where appropriate, substitute, complete and / or modify this Legal Notice and that must be accepted by the User before the corresponding service provision begins.

2) INTELLECTUAL AND INDUSTRIAL PROPERTY

All the contents of the Portal, understood as merely enunciative texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as its graphic design, content files and source codes (in further, the “Contents”), are the intellectual property of Bimetica or third parties, without being understood to be assigned to the User with none of the exploitation rights over them beyond what is strictly necessary for the correct use of the Portal.

The The trademarks, trade names or distinctive signs are the property of Bimetica or third parties, without it being understood that access to the Portal confers any rights over the aforementioned trademarks, trade names and / or distinctive signs.

3) CONDICIONS OF THE USE OF THE PORTAL

3.1.- GENERAL

The User is obliged to make correct use of the Portal in accordance with the Law and this Legal Notice. The User shall be liable to Bimetica or third parties for any damages that may be caused as a result of breach of this obligation.

It is expressly forbidden to use the Portal for harmful purposes of goods, or the interests of Bimetica or third parties, or that in any other way overload, damage or disable the networks, servers and other computer equipment (hardware) or computer products and applications (software) of Bimetica or third parties.

3.2.- CONTENTS

The User agrees to use the Contents in accordance with the Law and this Legal Notice, as well as with the other conditions, regulations and instructions that may be applicable in accordance with the provisions of clause 1.

With merely an enunciative character, the User, in accordance with current legislation, must refrain from:

a) Reproducing, copying, distributing, making available, publicly communicating, transforming or modifying the Contents, except in cases authorized by law or expressly consented to by Bimetica or by the holder of the exploitation rights, as the case may be.

a) Reproducing, copying, distributing, making available, publicly communicating, transforming or modifying the Contents, except in cases authorized by law or expressly consented to by Bimetica or by the holder of the exploitation rights, as the case may be.

c) Extract and / or reuse all or a substantial part of the Contents of the Portal, as well as the databases that Bimetica makes available to Users.

Bimetica warns of the possible use of data authentication mechanisms that allow to securely verify the identity. Bimetica reserves the right to inform the Authorities and State Security Bodies of fraudulent attempts to impersonate the hiring of its services.

3.3.- DATA COLLECTION FORMS

Without prejudice to the provisions of clause 5 of this Legal Notice, the use of certain services or requests addressed to Bimetica are conditioned on the prior completion of the corresponding user registration through the contact form or subscription to the newsletters.

All the information provided by the User through the contact or subscription forms, in general, to the Portal’s newsletter for the above purposes or any other must be true. In this sense, the User guarantees the authenticity of all the data communicated and will keep the information provided to Bimetica perfectly updated so that it corresponds, at all times, to the real situation of the User. In any case, the User will be solely responsible for the false or inaccurate statements made and the damages caused to Bimetica or third parties for the provided information.

3.4.- INTRODUCTION OF LINKS TO THE PORTAL

The Internet User who wants to introduce links from his or her own website to the Portal must comply with the conditions detailed below without avoiding the responsibilities derived from the Law, by their ignorance. The link will only link to the homepage or main page of the Portal but you will not be able to reproduce it in any way (offline links, copy of texts, graphics, etc).

In any case, it shall be prohibited, in accordance with the applicable legislation and enfoced at any time, to establish frames of any kind that envelop the Portal or allow the display of the Contents through Internet addresses other than those of the Portal and, in any case, when viewed together with contents outside the Portal so that: (I) produce, or may produce, error, confusion or deception to users about the true origin of the service or Content; (II) suppose an act of comparison or unfair imitation; (III) serves to take advantage of Bimetica’s brand reputation and prestige; or (IV) in any other way is prohibited by current legislation.

The page that introduces the link will not make any type of false, inaccurate or incorrect statement about Bimetica, its partners, employees, customers or about the quality of the services it provides.

In no case, will be expressed on the page where the link is located that Bimetica has given its consent for the insertion of the link or that otherwise sponsors, collaborates, verifies or supervises the services of the sender.

It is forbidden to use any word, graphic, mixed brand or any other distinctive sign of Bimetica within the sender’s page except in cases permitted by law or expressly authorized by Bimetica and provided that, in these cases, a link that allows direct access to the Portal in the manner established in this clause.

The page that establishes the link must faithfully comply with the law and can not in any case dispose of or link to its own content or that of third parties that: (I) are illegal, harmful or contrary to morality and good customs (pornographic, violent, racists, etc.); (II) induce or may induce User with a false conception that Bimetica subscribes, endorses, adheres or in any way supports the ideas, statements or expressions, legal or illegal, of the sender; (III) are inappropriate or not relevant to the activity of Bimetica in attention to the place, content and subject of the website of the sender.

4) EXCLUSION OF RESPONSAILITY

4.1.- OF THE INFORMATION

Access to the Portal does not imply an obligation on the part of Bimetica to verify the veracity, accuracy, adequacy, suitability, completeness and timeliness of the information provided through it. The contents of this page are of general and informative character and do not constitute, in any way, the provision of any counsel service of any kind, so that this information is insufficient for personal or business decision making by the User.

Bimetica is not responsible for the decisions taken from the information provided in the Portal or for any damages caused to the User or third parties due to actions based solely on the information obtained in the Portal.

4.2.- OF THE QUALITY OF THE SERVICE

Access to the Portal does not imply an obligation on the part of Bimetica to control the absence of viruses, worms or any other harmful computer element. It corresponds to the User, in any case, the availability of adequate tools for the detection and disinfection of harmful computer programs.

Bimetica is not responsible for the damages produced in the computer equipment of the Users or third parties during the provision of the Portal service.

4.3.- OF THE AVAILABILITY OF THE SERVICE

Access to the Portal requires services and supplies from third parties, including transportation through telecommunications networks whose reliability, quality, continuity and functioning does not correspond to Bimetica. Therefore, the services provided through the Portal may be suspended, canceled or inaccessible, prior or simultaneous to the provision of the service of the Portal.

Bimetica is not responsible for damages or losses of any kind produced in the User that bring cause of failures or disconnections in the telecommunications networks that produce the suspension, cancellation or interruption of the Portal service during the provision of the same or prior.

4.4.- OF THE CONTENTS AND SERVICES LINKED THROUGH THE PORTAL

The access service to the Portal includes technical linking devices, directories and even search tools that allow the User to access other Internet pages and portals (hereinafter, “Linked Sites”). In these cases, Bimetica acts as a provider of intermediation services in accordance with article 17 of Law 34/2002, of July 11, Services of the Information Society and Electronic Commerce (LSSI) and will only be responsible for the contents and services provided in the Linked Sites to the extent that of the effective knowledge of the illegality and have not deactivated the link with due diligence. In the event that the User considers that there is a Linked Site with illicit or inappropriate content, he or she may communicate to Bimetica in accordance with the procedure and effects set out in clause 6, wth,in any case, this communication entails the obligation to withdraw the corresponding link.

In any case, the existence of Linked Sites must presuppose the existence of agreements with those responsible or owners thereof, or the recommendation, promotion or identification of Bimetica with the statements, content or services provided.

Bimetica does not know the contents and services of the Linked Sites and therefore is not responsible for the damages caused by the illegality, quality, outdated, unavailability, error and uselessness of the contents and / or services of the Linked Sites or by any other damage that is not directly attributable to Bimetica.

5) PERSONAL DATA PROTECTION

The data collected through the contact forms of the Portal will be incorporated into an automated personal data file owned and held by BIMETICA with CIF: B65592925, and address at Street Villarroel nº 11, Bajo 1º, Calafell (CP 43820), Tarragona, Spain. This entity will treat the data confidentially and exclusively for the purpose of managing the relationship with the user and promoting the activities of the company. Likewise, the data will be canceled, deleted and / or blocked when they are inaccurate, incomplete or no longer necessary or relevant for their purpose, in accordance with the provisions of legislation on the protection of personal data.

By clicking on the SEND button on the form, or when subscribing, the User expressly consents that their data may be used for the purpose of providing services offered by the Portal, authorizing BIMCahnnel to send them informative e-mails with industry news.

The User may revoke the consent given and exercise the rights of access, rectification, cancellation and opposition and right to be forgotten by addressing to this effect to BIMETICA at the address Street Villarroel nº 11, Bajo 1º, Calafell (CP 43820), Tarragona, Spain or contact by means of our contact form and indicate in a visible way the concrete right that is exercised. For the exercise of this action, the User must identify himself correctly, indicating full name and surname, his tax identification number, address and registration e-mail.

BIMETICA adopts the levels of security required by current legislation regarding the protection of personal data. However, the above, technical security in a medium such as the Internet is not impregnable and there may be leaks due to fraudulent actions by third parties.

BIMETICA may use cookies during the provision of the Portal service. Cookies are automatic procedures for collecting information related to the preferences determined by a user during his or her visit to a certain web page. This information is recorded in small files that are stored in the computers of the corresponding user in an imperceptible way. Each time the user returns to access the website in question these files are automatically activated so that the website is configured with the preferences indicated in previous visits. In short, cookies are physical files of personal information housed in the user’s own terminal and unambiguously associated with this terminal. Cookies can not read the cookie files created by other providers.

The User has the possibility of configuring his browser program in such a way that the creation of cookie files is prevented or notified in the moment in which this occurs.

The Portal is accessible without the need to activate the options relating to cookie files, although they may prevent the proper functioning of security mechanisms for exclusive services or certain services that require greater security. As a general rule, the purpose of the cookie files of the Portal is to facilitate the navigation of the User.

The data may be processed and / or communicated to the member companies of BIMETICA and entities of the BIMETICA Group with the aim of offering services linked to your query, unless you express otherwise through our contact form and indicating these reasons. BIMETICA Group with CIF: B65592925, is domiciled at Street Villarroel nº 11, Bajo 1º, Calafell (CP 43820), Tarragona, Spain.

6) LEGISLATION AND JURISDICTION

The company will use the civil or criminal actions correspondig by law, before any improper use of its domain or Web Portal, as well as the improper use of the Content in accordance with the terms of the Legal Notice. Disputes that may arise in relation to this domain will be governed solely by Spanish law.

For the resolution of any legal dispute arising from the interpretation and / or compliance with the Legal Notice, the parties, waiving any other general or special jurisdiction that may correspond to them, or because of the residence or domicile of the User outside of Spain, submit to the Courts and Tribunals of Barcelona capital. However, if the User has his or her residence or domicile in Spain and the consideration of “consumer”, the submission clause, exhibited above, will not apply to him or her, but the applicable jurisdiction will be the one that corresponds to him at each moment according to said consideration.

7) LANGUAGE

In case Bimetica has provided a translation of the Spanish version in another language of this Legal Notice or any other documentation, the User accepts that such translation is only provided for the User’s convenience and that the Spanish version of this Legal Notice or any other documentation including future binding documentation, will govern the relations with Bimetica.

8) BIMETICA INFORMATION

Bimetica Parametric Design Services, S.L., is domiciled at Street Villarroel nº 11, Bajo 1º, Calafell (CP 43820), Tarragona, Spain, CIF B-65592925; registered in the Mercantile Registry of Barcelona; Volume 42626, section 110, page 410653, inscription 1; Contact telephone number 34 + 93-2267322 and contact form; is the legitimate owner of the BIMChannel® brand, the Content Database, and the domain https://bimchannel.net/