Terms of use

Please read the terms and conditions (“Terms of Use” or “Agreement”) set forth below carefully before using the Telecom Infra Project’s (“Project”) website including any portals, including without limitation, TIP Exchange, or work sharing spaces made available to you or hosted by the Project (“Website”). These Terms of Use govern your access to and use of the Website, and all information, data, content, documents, tools, the general layout and design of the Website, and other material presented, displayed or otherwise accessible via the Website (collectively the “Project Materials”). YOUR ACCESS OR USE OF THE WEBSITE SHALL SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU SHOULD IMMEDIATELY EXIT THE WEBSITE.

SECURE ACCESS: Portions of the Website may only be accessed by Project Participants (as defined in the Project ‘s Organizational Documents) through the use of a Participant id and password (“Password”). Participants who access the Password-protected portion of the Website shall be solely responsible and liable for any access to, or use of, the secure portion of the Website and Project Materials.

GENERAL ACCESS: For those portions of the Website which are not Password protected, you agree that the Website and Project Materials may only be used for non-commercial and informational purposes.

OWNERSHIP: The Project Website and Project Materials are owned by, and proprietary to the Project or its licensors. The Website and Project Materials are protected by federal and state copyright, trademark and other proprietary rights laws. Any use of the Website or Project Materials that you make must include all copyright, proprietary, confidential and other notices contained thereon and comply with these Terms of Use.

COPYRIGHT NOTICE: Except for copyrights, trademarks and service marks owned by third parties, all Website design, graphics, text selections, arrangements, databases, multimedia content, software and all Project Materials are Copyright © 2016-2019 by Telecom Infra Project, Inc. All Rights Reserved.

LIMITED LICENSE FROM TIP: Unless a specific copyright license is offered with any Project Materials, no license is granted to copy, distribute, modify, perform, publish, display, transmit or otherwise transfer the Project Materials, except to download a copy of the Project Materials for the sole purpose of viewing it locally on a client device. Any access to or use of this Website or the Project Materials that is inconsistent with these terms is unauthorized and strictly prohibited.

LICENSE TO CONTRIBUTED CONTENT: Except as may expressly set forth in the Organizational Documents, you hereby grant TIP a worldwide, fully-paid up, royalty-free, perpetual, irrevocable, transferable copyright license to copy, modify, distribute, publish, perform and display any content you submit for inclusion on the Website or to the Project Materials. You hereby further grant TIP the right to sublicense any of the foregoing rights under the copyright license for any such content, in whole or in part, in modified or unmodified form, included on the Website or as part of the Project Materials.

ACCEPTABLE USE: The Website and Project Materials are made available for your personal and non-commercial access and use. You agree, represent and warrant that you will not:
(a) circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Project Materials or enforce limitations on use of the Website and Project Materials;
(b) use or launch any automated means, including spiders, robots, crawlers, scrapers or the like, to download, copy or store Project Materials;
(c) violate any applicable laws, rules or regulations, whether federal, state or local or of any foreign jurisdiction or use the Website and Project Materials in any way for unlawful purposes or that constitutes or encourages unlawful activities;
(d) submit any information or content or otherwise use the Website and Project Materials in any way that: (i) is obscene, pornographic or profane; (ii) is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous or invasive of another’s privacy; (iii) harasses, degrades, intimidates or is hateful toward an individual or group of individuals; (iv) is false, deceptive, misleading, deceitful, or constitutes “bait and switch”; (v) includes personal or identifying information about another person without that person’s express written consent; (vi) you know to be false or misleading; or (vii) impersonates any person or falsely states or otherwise misrepresents your affiliation with a person or entity, including misleading email or IP addresses, or forged headers or otherwise manipulated identifiers;
(e) submit any content through any means that (i) causes the repeated posting of the same or similar content on the Website; (ii) creates, sends, enables, constitutes or contains “junk mail”, “chain letters”, “spam”, or unsolicited mass mailing; or (ii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit functionality of any computer software or hardware or telecommunications equipment;
(f) submit any content that is an advertisement for goods or services or a solicitation of funds without the Project’s express written permission;
(g) depict any third-party trademarks, products or services in any manner that violates such third party’s rights or could otherwise create liability;
(h) suggest a formula, instruction, or advice that could cause harm or injury; or
(i) infringe or misappropriate any copyright, trademark, patent, trade secret, or other intellectual property or any privacy or publicity rights of another.
Any conduct by a user that in the Project’s sole discretion restricts or inhibits any other user from using or enjoying the Applications will not be permitted.

CONFIDENTIALITY. Each Project Participant agrees that its use of the Website and the Project Materials must be in accordance with the confidentiality restrictions set forth in the Project’s Organizational Documents which are incorporated herein by this reference.

LINKING TO THIS SITE: Third parties may link to https://telecominfraproject.com/, provided the following conditions are met:
(a) Links must be to the homepage of the site.
(b) Links must use the plain text name of the Website, telecominfraproject.com, or the company name, Telecom Infra Project, Inc. and must not use any other logo, design, or trademark.
(c) Links must not give the impression that a third party’s application or the third party is affiliated with, sponsored by, or in a relationship with the Project or suggest that the Project endorses, sponsors, or recommends the third party or any information, products, or services of the third party.
(d) The third party must not include any Project Materials from the Website on its site (such as by framing).

The Project reserves the right to terminate any link that it deems inappropriate or inconsistent with the Website, Project Materials or the Project’s business purposes.

WEBSITE, PROJECT MATERIALS, AND THIRD PARTY LINKS:
(a) The Project provides the Website and Project Materials for educational, informational and promotional purposes only. You may not rely on any information and opinions expressed on the Website for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of the Website and Project Materials. Under no circumstances will the Project be liable for any loss, injury or damage caused by your reliance on the Website or any Project Materials.
(b) In many instances, the Website and Project Materials will include content posted by a third-party or will represent the opinions and judgments of a third-party. The Project does not endorse, warrant and is not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made on the Website or in any Project Materials by any third party.
(c) If there is a dispute between persons accessing the Website or between persons accessing the Website and any third party, you understand and agree that the Project is under no obligation to become involved. If there is such a dispute, you hereby release the Project and its officers, directors, employees, partners, successors, agents, affiliates, subsidiaries, and their related companies from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute.
(d) The Website or Project Materials may contain links to other websites maintained by third parties. The Project does not operate or control, in any respect, or endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. The Project is not responsible for any content posted on third-party websites or liable to you for any loss, injury or damage incurred as a result of your dealings with any third-party or their websites. The Project has no duty or obligations to update or correct any links to third party websites, and may, at its sole discretion, remove any such links at any time.

DISCLAIMER AND LIMITATION OF LIABILITY: THE WEBSITE AND PROJECT MATERIALS ARE PROVIDED “AS IS,” AND THE PROJECT, ITS PARTICIPANTS AND THEIR AFFILIATES, MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY OR TITLE; THAT THE WEBSITE OR THE PROJECT MATERIALS ARE SUITABLE FOR ANY PURPOSE, INCLUDING, BUT NOT LIMITED TO, THAT THE IMPLEMENTATION OF SUCH PROJECT MATERIALS WILL NOT INFRINGE ANY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS. THE PROJECT MAKES NO GUARANTEE THAT THE WEBSITE OR THE PROJECT MATERIALS ARE PROVIDED ERROR-FREE OR UN-INTERRUPTED.

IN NO EVENT WILL THE PROJECT, ITS PARTICIPANTS OR THEIR AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR RELATING TO ANY USE OR DISTRIBUTION OF THIS WEBSITE OR THE PROJECT MATERIALS, WHETHER OR NOT (1) THE PROJECT, PARTICIPANTS OR THEIR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (2) SUCH DAMAGES WERE REASONABLY FORESEEABLE, AND ARISING OUT OF OR RELATING TO ANY USE OR DISTRIBUTION OF THE WEBSITE OR PROJECT MATERIALS, AS APPLICABLE. THE FOREGOING DISCLAIMER AND LIMITATION OF LIABILITY DO NOT APPLY TO, INVALIDATE, OR LIMIT REPRESENTATIONS AND WARRANTIES MADE BY THE PARTICIPANTS AND THEIR RESPECTIVE AFFILIATES TO THE PROJECT AND OTHER PARTICIPANTS IN OTHER WRITTEN POLICIES OF THE PROJECT CONTAINED IN THE PROJECT’S ORGANIZATIONAL DOCUMENTS.

INDEMNITY: You agree to indemnify, defend and hold the Project, its Participants and their respective directors, officers, employees and agents harmless from and against any and all claims, judgments, liabilities, losses, damages and costs (including attorney’s fees and expenses), arising out of or relating to: (i) your use or misuse of the Website or Project Materials; (ii) your violation of these Terms of Use; (iii) the unauthorized modification or use of the Website or Project Materials; or (iv) your violation of any third-party intellectual property, proprietary, personal or privacy rights. Notwithstanding the forgoing, it is understood and agreed that Participants will not be obligated to indemnify Participants hereunder unless expressly set forth in the Project’s Organizational Documents.

RELEASE: Subject to any term to the contrary set forth in the Project’s Organizational Documents, if you have a dispute with one or more other users of the Website or Project Materials, or the Project Participants, third party partners, licensors, advertisers, or licensees you hereby release and hold the Project and its officers, directors, employees, advisors and agents, harmless from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the Website or the Project Materials.

TERMINATION AND RESTRICTION OF ACCOUNTS:
(a) The Project reserves the right in its sole discretion and at any time to terminate or suspend your account and/or block your access to the Website or Project Materials for any reason, including, without limitation, if you have failed to comply with the letter and spirit of these Terms of Use. You agree that the Project is not liable and shall not be liable to you or any third party for any termination or suspension of your account or for blocking your access to the Website or any Project Materials.
(b) If you become a registered user, you may terminate your registration at any time by sending an e-mail to support@telecominfraproject.com.
(c) Any suspension or termination shall not affect your obligations to the Project under these Terms of Use. The provisions of these Terms of Use which by their nature should survive the suspension or termination of your account shall survive, including, but not limited to, the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, and all of the general provisions. Upon suspension or termination of your account, you will immediately discontinue use of and destroy any copies of Project Materials from the Password-protected portion of the Website in your possession, including deleting any such Project Materials downloaded from computing devices including, without limitation, any mobile device or personal computer.

PRIVACY POLICY: Your Personal Information (defined in the Privacy Policy) and certain other information about you is subject to the Project’s Privacy Policy. You should be aware that websites linked to the Project Website are likely governed by confidentiality and privacy provisions that differ from these Terms of Use. The Project is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions. The Project hereby incorporates herein, by this reference, the Project’s Privacy Policy into these Terms of Use.

JURISDICTION AND LAW: These Terms of Use shall be construed and enforced in accordance with the laws of the State of Delaware, without reference to conflict of laws principles. You agree that any action or proceeding arising out of these Terms of Use shall be brought in a federal or state court of competent jurisdiction in Delaware and in no other jurisdiction.

INVALIDITY: The invalidity or unenforceability of any particular provision of this Agreement shall not affect any other provision of this Agreement, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. The waiver by the Project of a breach of any of the provisions of this Agreement shall not operate or be construed as a waiver of any subsequent or simultaneous breach.

NO RULE OF STRICT CONSTRUCTION: Regardless of who drafted this Agreement, no rule of strict construction shall be applied against the Project. If any provision of this Agreement is determined by a court to be unenforceable, the parties shall deem the provision to be modified to the extent necessary to allow it to be enforced to the extent permitted by law, or if it cannot be modified, the provision will be severed and deleted from this Agreement, and the remainder of the Agreement will continue in effect.

NO THIRD PARTY BENEFICIARIES: This Agreement is entered into for the benefit of you and the Project and not for the benefit of any third party.

COMPLETE AGREEMENT: These Terms of Use constitute the entire agreement between you and the Project with respect to your use of the Website and Project Materials, and supersedes any other agreement, oral or written, between you and the Project with respect to the foregoing, provided however, for Project Participants, it is understood and agreed that the Project Organizational Documents shall supersede these Terms of Use and the Organizational Documents shall control any conflict between these Terms of Use and the Organizational Documents. The terms which by their nature should survive termination or expiration shall so survive.

ADDITIONAL TERMS APPLICABLE TO TIP EXCHANGE: In addition to the terms and conditions set forth above, the following terms and conditions are applicable to TIP Exchange.

TIP Exchange enables community members to identify possible business partners and solutions through the exchange of information about products and services offered by TIP Participants. All products and services listed on TIP Exchange are sold and marketed directly by the applicable TIP Participant, and not by TIP. If your products or services are submitted for inclusion and listed on TIP Exchange, you must (i) follow any procedures TIP provides regarding the submission and maintenance of information related to such products or services (“Product Information”); (ii) promptly update such Product Information on a timely basis if the content becomes outdated, such as for illustrative purposes only, if you no longer offer a listed product or service; (iii) correct any inaccuracies you discover in the Product Information by notifying TIP that the Product Information is inaccurate and providing corrected Product Information; (iv) not include any pricing information or other commercial terms in your Product Information; and (v) not use TIP Exchange for the sale of products or services. If you fail to comply with the foregoing, TIP may in its sole discretion remove your Product Information from TIP Exchange.

If TIP institutes fees for the inclusion of Product Information on TIP Exchange, you must pay the fees or TIP may remove your Product Information upon 30 days’ notice that the payment of such fees is past due unless the unpaid fees are paid within the 30-day period.

TIP will endeavor to ensure that any badges associated with a Participant’s Product Information meet the criteria established by TIP. TIP, however, makes no representations or warranties that the badges associated with a Participant’s Product Information are accurate, appropriate or that the products or services meet the criteria associated with the applicable badge. Further TIP makes no representations or warranties: (i) as to the accuracy, completeness, or applicability of any Product Information, (ii) that all eligible Participants have submitted Product Information to be included on TIP Exchange, and (iii) that any products or services will be commercially available from the applicable Participant.

TIP MARKS: The Telecom Infra Project trademarks and logos (“Marks”) including any badges are trademarks of the Project in the United States or other countries and may be registered in one or more countries. TIP’s Marks along with TIP’s Trademark Usage Guidelines which are found at https://telecominfraproject.com/press-media/. You agree to comply with the TIP Usage Guidelines.

COPYRIGHT AND DMCA POLICY:
(a) The Project respects the intellectual property rights of others and expects our users to do the same. In appropriate circumstances and at the Project’s sole discretion, the Project may terminate and/or disable the account of users who the Project suspects to be infringers of the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in the Project’s sole discretion, the Project may remove or disable access to material on the Website that may be infringing or the subject of infringing activity.
(b) In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), the Project will respond promptly to claims of copyright infringement that are reported to the agent that the Project has designated to receive notifications of claims of infringement (“Designated Agent”). The Project’s Designated Agent may be reached by emailing support@telecominfraproject.com with the subject heading “DMCA Agent”.
(c) If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your work’s copyright has been infringed, please report your notice of infringement to the Project by providing the Project’s Designated Agent with a written notification of claimed infringement that includes substantially the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Project to locate the material.
(iv) Information reasonably sufficient to permit the Project to contact you, such as an address, telephone number, and an electronic mail address at which you may be contacted.
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Project will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.