Legal & Branding

Last Updated January 4, 2020
You agree that by ticking the box on registration, registering, accessing or using our services (as outlined below) you confirm that you are entering into a legally binding agreement with TM Forum (even if you are using our Services on behalf of a company). If you wish to terminate this contract you can do so by closing your account and no longer accessing the services.

Definitions

In these Terms and Conditions –

You are entering into this Contract with TM Forum (also referred to as “we” and “us”).

We use the term “Designated Countries” to refer to countries in the European Union (EU), European Economic Area (EEA), and Switzerland.

If you reside in the “Designated Countries”, you are entering into this Contract with TM Forum Ltd registered in England and Wales with registration number 11121779, with registered office at 6th Floor 25 Farringdon Street, London, United Kingdom, EC4A 4AB (“TM Forum Ltd”) and TM Forum Ltd will be the controller of your personal data provided to, or collected by or for, or processed in connection with our Services in accordance with Privacy Policy.

If you reside outside of the “Designated Countries”, you are entering into this Contract with TM Forum, a non-profit organization with headquarters and principal place of business at 181 New Road, Suite 304, Parsippany, New Jersey 07054 United States of America (“TM Forum”) and TM Forum will be the controller of your personal data provided to, or collected by or for, or processed in connection with our Services in accordance with Privacy Policy.

“Services” refers to all web properties owned and maintained by TM Forum (including tmforum.org, TM Forum Community and Inform); TM Forum branded apps; and other TM Forum branded services. A Registered User, as defined below, has access to the facilities on these properties, subject to these Terms and Conditions of Use.

“Registered User” refers to a user who has elected to create a unique login identity and password by way of the online registration process in order to access Services. Unless otherwise indicated, the term “you” refers to Registered User.

“Privacy Policy” refers to TM Forum’s Privacy Policy which is available at the following link: https://www.tmforum.org/about-tm-forum/legal-branding/website-privacy-policy/

Use of our Services

Each Registered User is responsible for maintaining the confidentiality of the login identity and password that such user has selected and agrees not to share such login identity and password with any other person. Registered User agrees to notify TM Forum of any unauthorized use of such login identity or password. Registered User agrees that he/she shall be fully responsible for any activity undertaken on the Services with such Registered User’s login identity and password. Registered User further acknowledges that TM Forum reserves the right to remove a Registered User if TM Forum suspects that such Registered User’s login identity and password is in fact being used by more than one individual.

Registered User agrees that any material downloaded or otherwise obtained through the use of Services is at Registered User’s own risk and that Registered User will be solely responsible for any damage to Registered User’s computer system or loss of data that results from the download of such material. TM Forum does not guarantee the accuracy or integrity of such information.

TM Forum is not responsible for any errors or omissions, or for the results obtained by use of the information found in any of the Services. TM Forum is not responsible for any loss or damage caused by the information and ideas contained, suggested or referenced in any of the Services.

In no event will Services, its suppliers, or other third parties mentioned at this site be liable for any damages whatsoever arising out of the use, inability to use, or the results of use of this site, any websites linked to this site, or the materials or information contained at any or all such sites, including but not limited to damages to computer system, data or any personal objects resulting from the downloading of material and/or data from the website or the third-party sites.

The Services provide links to resources that are not within its’ control. TM Forum is not responsible for the quality, suitability, functionality or legality of such sites. Notice is hereby served that users waive any claims against TM Forum with respect to such sites.

TM Forum is not responsible for the actions of users on the Services. Notice is hereby served that users waive any claims against TM Forum with respect to members’ actions or identity online.

Any contribution or provision of any type of information to Services through use of this website by a Registered User shall be subject to, and bound by, all of the terms and conditions of TM Forum’s Policy/Agreement on Intellectual Property Rights, which can be viewed in Addendum 1 of the Bylaws, whether such contributed information is labelled as a “Contribution” or not.

Copyright and Notices

The information provided by TM Forum is the property of TM Forum or its licensors and is protected by copyright and other intellectual property laws of the United States, Canada and other jurisdictions. Violation of TM Forum’s copyrights and other proprietary rights entitles TM Forum to pursue various remedies against the violator, including injunctive relief, compensatory damages, statutory damages, punitive damages and attorney’s fees.

TM Forum respects the intellectual property rights of others. If you believe that your work has been copied, is accessible on, and/or has been posted, stored on or transmitted to this website in a way that constitutes copyright infringement, or that this website contains links and/or other references to another online location that contains material that infringes your copyright or other intellectual property rights, please submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) and provide the information required by that statute to TM Forum’s copyright agent. TM Forum’s agent for notice of claims of copyright infringement on or regarding this website can be addressed to TM Forum, Att: Agent, 181 New Road, Suite 304, Parsippany, NJ 07054 or by email at [email protected].

Compliance with Law

Users are responsible for complying with: i) all laws and regulations applicable to content, contribution, activities and business in each of User’s relevant jurisdictions ; and ii) import, export and economic sanction laws and regulations, including any defense trade control regime of any jurisdiction and those of the United States that prohibits or restricts the export, re-export, or transfer of technology, data, software, services or products, whether indirectly or directly, to or for the benefit of restricted end users, applications or countries.

Any User of a TM Forum service(s) who does so (i) transfer, export or import material(s) or (ii) uses of any of TM Forum service(s) in a jurisdiction external to the location of User’s business or individual address, does so at their own liability and accepts and acknowledges that TM Forum does not and shall not serve as the transferor, exporter or importer of such material and shall have no liability for same.

Any use of TM Forum services for an unlawful purpose will result in immediate termination of access to all or any portion of TM Forum applications and services at its sole discretion.

Sales and License Grants on the Services

TM Forum may offer items for sale or for licensing on this website. Unless otherwise indicated in these Terms and Conditions, all of the terms and conditions contained in this this Agreement are applicable to sales and license grants described in this section.

Where such items are offered for sale (typically printed materials), purchaser may use such item for purchaser’s benefit only. Such purchased items may not be reproduced, distributed, performed publicly, or displayed publicly, provided however that if the item is provided by TM Forum in electronic form, purchaser may print one copy for purchaser’s personal use. TM Forum reserves the right to include in such electronic copies a mechanism that would limit the number of copies that could be printed.

Where such items are offered for license (audiovisual works and some printed works), you receive only those rights that are specified in the license grant with respect to the particular work, which is generally the right to access the particular work on Services for a limited period of time. Typically, such license will give you the right to use the work for your benefit, but not for any other purpose whatsoever. Such licensed works may not be reproduced, distributed, performed publicly, or displayed publicly. In other words, it cannot be watched by multiple individuals in a single office, or displayed on a conference room monitor for group viewing. Licenses for other than single user use may be available through TM Forum, but generally cannot be purchased through Services.

Once a purchase or license has been paid for on a TM Forum Web Property, TM Forum will not grant a refund. If there is a technical problem with accessing the work, Registered User’s sole remedy shall be to have TM Forum fix the technical problem and make the work available to Registered User. If for some reason that is not possible and TM Forum concludes that the problem is due to TM Forum’s Services, and not Registered User’s computers, software or firewall, internet congestion or other connectivity issues caused outside of Services, TM Forum may elect to provide Registered User with a copy of the work in an alternate format (e.g. CD Rom, printed version, as appropriate).

TM Forum is not responsible for any errors or omissions, or for the results obtained by use of the items sold and/or licensed through the Services. TM Forum is not responsible for any loss or damage caused by the information and ideas contained, suggested or referenced in any of the Services. Registered User agrees that the limitations on TM Forum’s responsibility contained in this paragraph are reasonable and part of the consideration for the purchase and/or licensing of items through the Services.

In no event will Services, TM Forum, TM Forum’s suppliers, or other third parties named or otherwise mentioned be liable for any special, indirect, incidental, punitive or consequential losses, damages, costs or expenses whatsoever. Any action against TM Forum or Registered User must be filed not later than one year after the cause of action has accrued. TM Forum’s total liability to any Registered User for all claims or suits of any kind, whether based upon contract, tort (including negligence), warranty, strict liability or otherwise arising out of or related to the use of Services or any items purchased or licensed through Services and/or TM Forum shall, under no circumstances, exceed the greater of $100 or the amount that Registered User paid for the item that gives rise to such liability. Registered User agrees that the limitations on liability contained in this paragraph are reasonable and part of the consideration for the purchasing or licensing of items through the Services.

TM Forum makes no representations about the suitability of the information contained in the documents and related graphics published as part of services for any purpose. All such documents and related graphics are provided “As is” without warranty of any kind. Tm forum hereby disclaims all warranties and conditions with regard to this information, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. In no event shall TM Forum be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from TM Forum web properties. The documents and related graphics published on the website could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Tm forum may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.

Notices regarding software, documents and services available on this web site: in no event shall TM Forum be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide services, or information available from services.

Membership Benefits

TM Forum may change benefits at any time without notice to its members and without liability to members or any other third party. Continued use of Services signifies acceptance of any changes made to the Terms and Conditions.

TM Forum reserves the right to preserve the integrity and quality of its organization, and may withhold or cancel a Registered User’s membership at its sole discretion. TM Forum reserves the right to terminate membership if false or misleading registration information is provided. Any violation of the Terms and Conditions, may result in:

a. An email notification of violation of the Terms and Conditions.
b. Deletion of any users provided content.
c. Discontinuation of the privilege of being a Registered User.
d. Any other actions that TM Forum deems appropriate.

Community Usage Policy

Community Code of Ethics

All participants are required to:

• Identify and link to sources whenever possible. The public is entitled to as much information as possible on sources’ reliability.
• Make certain that blog entries, discussion posts, wiki entries, quotations, headlines, photos and all other content do not misrepresent. They should not oversimplify or highlight incidents out of context.
• Never publish information known to be inaccurate — and if publishing questionable information, make it clear it’s in doubt.
• Distinguish between advocacy, commentary and factual information. Commentary is allowed and encouraged, but should be identified as such.

Member Accountability

All participants are required to:

• Admit mistakes and correct them promptly and publicly.
• Disclose conflicts of interest, affiliations, activities and personal agendas.
• Deny favored treatment to advertisers and special interests and resist their pressure to influence content. When exceptions are made, disclose them fully to readers.
• Be wary of sources offering information for favors. When accepting such information, disclose the favors.

Community Rules of Conduct

Violation of any of these rules will result in the removal of comments / entries. Repeat offenders will be banned.

1. Do Not Abuse, Harass, or Defame
   • No personal attacks. Insulting, attacking, or denigrating another community member or member company are ad-hominem attacks, which weaken debate and are not allowed under any circumstances. We have zero tolerance for taking an argument about any topic to a personal level.
   • No defamatory, abusive, profane, threatening, offensive or illegal content. Denigration of or threats against any group of people due to their race, religion, nationality, gender, or sexual orientation will not be tolerated and are grounds for immediate banning.
2. Do Not Spam
   • No commercial messages. This includes incentives (commercial or otherwise) to join other communities or attend 3rd party events. Any spam posts will be removed immediately.
   • Post your message or documents only to the most appropriate communities or libraries. Do not spam several lists or libraries with the same message. All messages must add to the body of knowledge. We reserve the right to reject any message for any reason.
3. Do Not Post Copyrighted Material
   • You may post links to appropriate articles and quote their contents, but posting articles from other sources in their entirety violates our rules. If you repost quotes or sentences, you must credit the source with a link is possible.
   • Remember that other participants have the right to reproduce postings to this site unless you specify otherwise.
4. Report Spammers
   • We always appreciate help in identifying blog abusers and comment spam.
   • Email the moderator with any concerns: [email protected]

• By registering to participate in the TM Forum Online Community, you agree that you will not post messages that are abusive, threatening, or violate any laws.
• TM Forum has the right to remove, edit, move or close any comment or thread for any reason.
• All messages expressed are solely those of the author and not TM Forum. TM Forum is not responsible for the content of any messages.

Discussion Group Etiquette

• Include a signature tag on all messages. Include your name, affiliation, location.
• State concisely and clearly the topic of your comments in the subject line. This allows members to respond more appropriately to your posting and makes it easier for members to search the archives by subject.
• Include only the relevant portions of the original message in your reply. Delete any header information, and put your response before the original posting.
• Only send a message to the entire list when it contains information that everyone can benefit from.
• Send messages such as “thanks for the information” or “me, too” to individuals–not to the entire list. Do this by using the “Reply to Sender” link to the left of every message.
• Do not send administrative messages, such as remove me from the list. Instead, use the web interface to change your settings or to remove yourself from a list. If you are changing e-mail addresses, you do not need to remove yourself from the list and rejoin under your new e-mail address. Simply change your settings.
• Warn other list subscribers of lengthy messages either in the subject line or at the beginning of the message body with a line that says “Long Message.”

The Community is provided as a service for registered participants and members of TM Forum. TM Forum is not responsible for the opinions and information posted on this site by others. We disclaim all warranties with regard to information posted on this site, whether posted by TM Forum or any third party; this disclaimer includes all implied warranties of merchantability and fitness. In no event shall TM Forum be liable for any special, indirect, or consequential damages or any damages whatsoever resulting from loss of use, data, or profits, arising out of or in connection with the use or performance of any information posted on this site.

Do not post any defamatory, abusive, profane, threatening, offensive, or illegal materials. Do not post any information or other material protected by copyright without the permission of the copyright owner. By posting material, the posting party warrants and represents that he or she owns the copyright with respect to such material or has received permission from the copyright owner. In addition, the posting party grants TM Forum and users of this site the nonexclusive right and license to display, copy, publish, distribute, transmit, print, and use such information or other material.

Messages should not be posted if they encourage or facilitate members to arrive at any agreement that either expressly or impliedly leads to price fixing, a boycott of another’s business, or other conduct intended to illegally restrict free trade. Messages that encourage or facilitate an agreement about the following subjects are inappropriate: prices, discounts, or terms or conditions of sale; salaries; profits, profit margins, or cost data; market shares, sales territories, or markets; allocation of customers or territories; or selection, rejection, or termination of customers or suppliers.

TM Forum does not actively monitor the site for inappropriate postings and does not on its own undertake editorial control of postings. However, in the event that any inappropriate posting is brought to the attention of TM Forum we will take all appropriate action.

TM Forum reserves the right to terminate access to any user who does not abide by these guidelines.

Anti-trust Policy

TM Forum’s Anti-trust policy and guidelines governs member companies and their representatives in connection with their activities as members, and participants in the work, of the TM Forum. Click here to review the full anti-trust policy.

Intellectual Property Rights (IPR) Policy

The TM Forum Intellectual Property Rights (IPR) policy helps improve business effectiveness for our members and provides the flexibility needed in this new digital industry along with the necessary framework for protecting all Forum members’ IP rights. Click here to review the IPR policy.

Office of Foreign Assets Control Certification

By applying for, or attending any event held or sponsored by TM Forum, Applicant [or Attendee] certifies that:

1. He, she or it is not, nor is acting for or on behalf of any person, group, entity, or nation, named by any Executive Order or the United States Treasury Department as a terrorist, “Specially Designated National and Blocked Person”, or any other banned or blocked person, entity, nation, or transaction pursuant to any law, order, rule, or regulation that is enforced or administered by the Office of Foreign Assets Control; and
2. He, she or it has not applied for nor is planning to attend the event directly or indirectly on behalf of any such person, group, entity, or nation.
3. He, she or it hereby agrees to defend, indemnify and hold harmless TM Forum from and against any and all claims, damages, losses, risks, liabilities, and expenses (including attorneys’ fees and costs) arising from or related to any breach of this certification

General Terms and Conditions

If you reside in the Designated Countries:

This agreement shall be governed by and construed in accordance with English law. Any and all disputes arising out of this agreement, which are not disposed of by agreement between the parties hereto shall be decided solely by arbitration proceedings under the Rules and Procedures of the London Court of International Arbitration and such arbitration shall be held in London, England. The parties hereto also agree that any decision rendered by the arbitrator as provided herein shall be binding on both parties as though issued by a court which would otherwise have jurisdiction over such issue. The number of arbitrators shall be one, and the language to be used in the proceedings shall be English.

If you reside outside of the Designated Countries:

This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey as such laws are applied to agreements entered into and performed entirely within New Jersey between New Jersey residents, without regard to conflict of law provisions. Any dispute, claim or action arising out of this Agreement shall be resolved solely by binding arbitration to be held in the State of New Jersey and in accordance with the Rules and Regulations of the American Arbitration Association. The decision of the arbitrator or arbitrators shall not be reviewable by any court but shall be final between the parties to such arbitration.

Registered User is responsible for the payment of all applicable excise, sales, use or similar taxes imposed currently or hereafter by any local, state, federal, or other taxing or regulatory authority.

This Agreement, together with any product specific terms, constitutes the entire Agreement between the parties regarding use of the Services and the purchase and/or licensing of any items through the Services. It supersedes and merges all prior proposals and understandings, oral or written, between the parties.

The use in this Agreement of one gender or of singular or plural terms shall be deemed to include uses of the other genders or plural or singular terms, as the context may require.

Changes to the Terms and Conditions

TM Forum may change its Terms and Conditions at any time without notice to Registered User and without liability to members or any other third party. It is the user’s responsibility to check these Terms and Conditions prior to using Services. If you do not agree to any changes made to the Terms and Conditions as they occur, you may terminate your membership by:

• Notifying TM Forum via email ([email protected]) of your unwillingness to accept the changes to the Terms and Conditions. To ensure accuracy, this notification must be sent from the email address that you want to unsubscribe.
• Discontinuing using Services.

Continued use of Services signifies acceptance of any changes made to the Terms and Conditions.

By logging in to Services, Registered User agrees to any changes made to the Terms and Conditions. Accordingly, you are urged to reread the Terms and Conditions each time that you access the Services.

Cookies

Full details of the cookies used on our web properties can be found here.