LEGAL NOTICE AND GENERAL CONDITIONS OF USE

bimgym.com 2022

I. GENERAL INFORMATION

In compliance with the duty of information provided in Article 10 of Law 34/2002 of Services of the Information Society and Electronic Commerce (LSSI-CE) of July 11, the following general information about this website is provided below:

The ownership of this website, bimgym.com, (hereinafter, Website) is held by: Mr. Salvador Cristóbal Bernal Martín del Campo, with NIF: 42324870V, whose contact details are:

Address: Provença 242 entlo. 2, Barcelona, CP 08008, Spain

Contact email: info@bimgym.com

II. GENERAL TERMS AND CONDITIONS OF USE

The object of the conditions: The Web Site

The purpose of these General Conditions of Use (hereinafter, Conditions) is to regulate access to and use of the Website. For the purposes of these Conditions, the Website shall be understood as: the external appearance of the screen interfaces, both in static and dynamic form, that is to say, the navigation tree; and all the elements integrated both in the screen interfaces and in the navigation tree (hereinafter, Contents) and all those online services or resources offered to Users (hereinafter, Services).

BIM GYM reserves the right to modify, at any time and without prior notice, the presentation and configuration of the Web Site and the Contents and Services that may be incorporated therein. The User acknowledges and accepts that at any time BIM GYM may interrupt, deactivate and/or cancel any of these elements that are integrated within the Website, or the access to them.

In addition to the cost of connection through the telecommunications network provided by the access provider, and that the User has contracted, part of the Content or Services offered by BIM GYM or, where appropriate, third parties through the Website may be subject to the prior contracting of the Content or Service, in which case it will be clearly specified and/or the corresponding information will be made available to the User.

The use of any or some of the Contents or Services of the Web Site may be made through the User’s prior subscription or registration.

The User

Any person, whether natural or legal, who accesses, browses, uses or participates in the services and activities, whether free of charge or for a fee, developed through this Website assumes the condition of User and as such, through said access, commits to the observance and strict compliance with all the provisions herein established and their subsequent modifications, as well as to the compliance with any other provisions, including legal provisions that may be applicable, thus obliging them to make correct use of the Web Site. Given the relevance of the above, the User is recommended to read the legal notice and general conditions of use each time he/she visits the Website.

The BIM GYM Web Site provides a wide range of information, services, and data. The User assumes responsibility for the correct use of the Website. This responsibility shall extend to:

  • Use of the information, contents, and/or services and data offered by BIM GYM without being contrary to the provisions of these Conditions, the Law, morality, or public order, or that in any other way may involve injury to the rights of third parties or the same operation of the Website. By way of example but not limited to, the User agrees not to use the information, content and / or services to:
    • Disseminate contents that are criminal, violent, pornographic, racist, xenophobic, offensive, in defense of terrorism, that threaten human rights, or in general, contrary to the law or public order.
    • Introduce into the network computer viruses or perform actions likely to alter, damage, interrupt or generate errors or damage to the physical and logical systems of the owner of the Website or third parties, as well as hinder the access of other users to the website and its services through the massive consumption of computer resources through which the owner of the Website provides its services.
    • Attempt to access the e-mail accounts of other users or restricted areas of the computer systems of the owner of the Website or third parties and, where appropriate, extract information.
    • Disseminate, transmit or make available to third parties any type of information, element, or content that involves a violation of the secrecy of communications and the legislation on the protection of personal data.
    • Impersonate the identity of another user, public administration, or a third party, using their registration keys to access the various services and/or contents of the website.
    • Reproduce, copy, distribute, make available, publicly communicate, transform or modify the contents of the Website and, in any way, infringe intellectual or industrial property rights in accordance with the provisions set out below in section V. INTELLECTUAL AND INDUSTRIAL PROPERTY, without the express authorization of BIM GYM.
    • Collect data for advertising purposes and send advertising of any kind and communications for sales purposes or other commercial nature without the prior express authorization of BIM GYM.
  • The truthfulness and legality of the information provided by the User in the forms provided by BIM GYM for access to Content or Services offered by the Website. In any case, the User shall immediately notify BIM GYM about any event that allows the improper use of the information registered in such forms, such as but not limited to, theft, loss, or unauthorized access to identifiers and/or passwords, in order to proceed to their immediate cancellation.

III. ACCESS AND NAVIGATION ON THE WEB SITE: EXCLUSION OF WARRANTIES AND LIABILITY

The owner of the Website and/or BIM GYM shall not be responsible for the opinions expressed by Users through comments or other blog or participation tools that may be available.

The owner of the Website and/or BYM GYM do not guarantee that its  website  complies, in whole or in part, with the laws of other countries. Therefore, if the user resides or is domiciled in any place other than Spain, and decides to access and/or browse this Web Site, he/she will do so at his/her own risk and responsibility and must ensure that such access and/or browsing complies with the local legislation applicable in his/her case.

The owner of the Website and/or BIM GYM does not guarantee the continuity, availability, and usefulness of the Website, nor of the Contents or Services. The owner of the Website and/or BIM GYM will make every effort to ensure the proper functioning of the Website, however, no responsibility or guarantee that access to this Website will be uninterrupted or be error-free.

The owner of the Web Site and/or BYM GYM are not responsible for or guarantee that the content or software that can be accessed through this Web Site, is error-free or cause damage to the computer system (software and hardware) of the User. In this sense, the fact that through the use of the Web Service may have access to third-party software in no way implies the existence of affiliation of BYM GYM and/or the owner of the Website with them.

In no event shall the owner of the Website and/or BIM GYM be liable for any loss, damage, or harm of any kind arising from accessing, browsing, and using the Website, including, but not limited to, those caused to computer systems or those caused by the introduction of viruses.

The owner of the Web Site and/or BYM GYM will not be responsible for those damages caused by the Users themselves to third parties and that the Users may relate to the application and/or development and/or implementation of the Contents or Services offered by BIM GYM.

The owner of the Website and/or BIM GYM shall not be liable for any damages that may be caused to users by improper use of this Website.. In particular, they shall not be liable in any way whatsoever for telecommunications outages, interruptions, faults or defects that may occur.

IV. LINK POLICY

It is informed that the BIM GYM Website makes or may make available to Users means of links (such as, among others, links, banners, buttons), directories, and search engines that allow Users to access websites belonging to and/or managed by third parties.

The installation of these links, directories, and search engines on the Web Site is intended to facilitate Users’ search and access to information available on the Internet, without being considered a suggestion, recommendation, or invitation to visit them.

BIM GYM does not, itself or through third parties, offer or market the products and/or services available on such linked sites.

BIM GYM may offer sponsored content, advertisements, and/or affiliate links. The information displayed from these affiliate links, or the advertisements inserted, are provided by the advertisers themselves, so the owner of the Website and/or BIM GYM are not responsible for any inaccuracies or errors that may contain the ads, nor guarantee in any way the expertise, integrity or responsibility of the advertisers or the quality of their products and/or services.
Likewise, they do not guarantee the technical availability, accuracy, veracity, validity, or legality of sites outside their property that can be accessed through the links.

BIM GYM will in no way review or control the content of other websites, nor does it approve, examine or endorse the products and services, content, files, and any other material on such linked sites.

The owner of the Website and/or BIM GYM does not assume any liability for damages that may arise from the access, use, quality, or legality of the contents, communications, opinions, products, and services of websites not managed by BIM GYM or its owner and which are linked to this Website.

The User or third party who makes a hyperlink from a web page of another, different, website to the BIM GYM Website should be aware that:

  • The reproduction – whole or in part – of any of the Contents and/or Services of the Website is not permitted without the express authorization of BIM GYM.
  • No false, inaccurate, or incorrect representations about the BIM GYM Website, or the Content and/or Services are permitted.

Except for the hyperlink, the website where the hyperlink is established shall not contain any element of this Website protected as intellectual property by the Spanish legal system, unless expressly authorized by BIM GYM.

The establishment of the hyperlink does not imply the existence of a relationship between BIM GYM and the owner of the website from which it is made, nor the knowledge and acceptance by BIM GYM of the contents, services, and/or activities offered on said website, and vice versa.

V. INTELLECTUAL AND INDUSTRIAL PROPERTY

BIM GYM, by itself or as an assignee, owns all intellectual and industrial property rights of the Website, as well as the elements contained therein (including but not limited to images, sound, audio, video, software or text, trademarks, or logos, color combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.). They are, therefore, works protected as intellectual property by the Spanish legal system, being applicable to them both the Spanish and Community regulations in this field, as well as the international treaties related to the matter and signed by Spain.

All rights reserved. Pursuant to the provisions of the Intellectual Property Law, the reproduction, distribution, and public communication, including making available, all or part of the contents of this website, for commercial purposes, in any medium and by any technical means, without the express authorization of BIM GYM, is expressly prohibited.

The User agrees to respect the intellectual and industrial property rights of BIM GYM. You may view the elements of the Web Site or even print them, copy them and store them on the hard disk of your computer or any other physical support as long as it is exclusively for your personal use. The User, however, may not remove, alter or manipulate any protection device or security system installed on the Website.

In the event that the User or third party considers that any of the Contents of the Website involves a violation of the rights of protection of intellectual property, he/she must immediately notify BIM GYM through the contact details in the GENERAL INFORMATION section of this Legal Notice and General Conditions of Use.

VI. LEGAL ACTIONS, APPLICABLE LAW AND JURISDICTION

BIM GYM reserves the right to bring any civil or criminal action it deems necessary for improper use of the Website and Content, or for breach of these Terms and Conditions.

The relationship between the User and BIM GYM shall be governed by the regulations in force and applicable in the Spanish territory. Should any controversy arise in relation to the interpretation and/or application of these Conditions, the parties shall submit their conflicts to the ordinary jurisdiction, submitting themselves to the judges and courts that correspond according to law.

The owner of the Website and/or BIM GYM reserve the right to bring any legal action that may be appropriate for the improper use of the Website and its Contents, or for the breach of these Terms and Conditions.

This Legal Notice and General Conditions of Use have been developed in accordance with the regulations in force on 16/07/2021.