Optimum Alexa Skill Terms of Service

CSC Holdings, LLC, its affiliates and/or subsidiaries (collectively, "Optimum") provides the Optimum Alexa Skill application (the "Optimum Skill") which, among other features, allows Optimum Customers to utilize their Optimum Amplify or other Alexa enabled speaker (a “Device”) as a remote control to control the Optimum One or Optimum Mini. Access to and use of the Optimum Skill is subject to the following Terms of Use (the "Terms") as well as the General Terms and Conditions of Service (Residential) and General Terms and Conditions of Service (Business) (the "TOS"), all of which are incorporated herein by reference. Capitalized terms used herein but not defined shall have the meanings ascribed to them in the TOS. By enabling, downloading, installing and/or using the Optimum Skill, Subscriber agrees to be bound by these Terms, which constitute an agreement between Subscriber and Optimum.

 

Features and Functions.
The Optimum Skill enables Subscribers to utilize their Device as a remote control to control the Optimum One or Optimum TV Box. The Optimum Skill also allows Subscribers to search for programming and other content using voice-based search.

Subscriber understands and agrees that Optimum reserves the right to modify the Optimum Skill and the features and functionality thereof, at any time without notice to Subscriber.

 

Restrictions on Use.
Subscriber agrees that his/her use of and access to the Optimum Skill shall only be for personal and noncommercial use and not for public use or performances. Subscriber agrees that s/he shall not access or use any software, system, device or other technology to enable the Optimum Skill or any feature or functionality thereof to be accessed or used in any manner or for any other purpose other than as expressly permitted hereunder.

 

Limited License.
Optimum hereby grants to Subscriber a non-exclusive, non-transferable, limited, license to download, install and use the Optimum Skill. All rights not expressly granted in these Terms are reserved. The Optimum Skill is provided in and may be used in machine-readable object code form only. No license is granted to Subscriber in the source code of the Optimum Skill.

 

Proprietary Rights.
Optimum shall have sole and exclusive ownership of all right, title, and interest in and to the Optimum Skill, all copies thereof, all derivatives thereof, and all modifications and enhancements thereto (including ownership of all copyrights and other intellectual property rights pertaining thereto). These Terms do not provide Subscriber with title or ownership of the Optimum Skill, but only a right of limited use.

 

Limitations on Use.
Subscriber may not decompile, reverse engineer, translate, disassemble, modify, port, translate, copy, reproduce, duplicate, distribute, create derivative works of the Optimum Skill or in any way derive, reconstruct, identify or discover from the Optimum Skill any source code, underlying ideas, or algorithms by any means. Subscriber also agrees not to sell, lease, license, sublicense, distribute, assign, transfer or otherwise grant any rights to the Optimum Skill. Further, Subscriber may not, directly or indirectly, disclose, distribute or make commercial use of the Optimum Skill or incorporate the Optimum Skill into Subscriber's products or software. Subscriber may not use the Optimum Skill in an attempt to circumvent technological measures implemented to control the rights to and access and use of any content, files or other material made available in or through the Optimum Skill.

 

Availability.
The Optimum Skill is intended for Subscribers of Optimum TV service. Subscribers must also have a valid Amazon account and Suddenlink ID to access the Optimum Skill.

 

Export Restrictions.
Subscriber agrees that Subscriber may not use or export the Optimum Skill (i) except as consistent with these Terms and applicable United States law and (ii) into any US embargoed country. Subscriber represents and warrants that Subscriber is not located in a country that is subject to a US government embargo, or that has been designated by the US government as a "terrorist" supporting country, and that Subscriber is not listed in any US government lists of prohibited or restricted parties.

 

Equipment.
Access to and use of the Optimum Skill requires a Device, an Optimum One, and a secured home wireless network. Use of the Optimum Skill may involve the use of a wireless data service. Subscriber understands and agrees that Optimum is not responsible for any data access charges that may be imposed by Subscriber's underlying wireless data service provider when using the data service.

 

Information Practices.
We may collect and use information regarding Subscriber's use of the Optimum Skill and Subscriber's Device in accordance with the Optimum App Privacy Notice. Subscriber understands and agrees that this information may include, but not be limited to, Device type and operating system information.

 

WARRANTY DISCLAIMER.
OPTIMUM PROVIDES THE OPTIMUM ONE SKILL ON AN "AS IS" AND "AS AVAILABLE" BASIS AND OPTIMUM HEREBY DISCLAIMS ANY AND ALL WARRANTIES WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE TO THE EXTENT PERMITTED BY LAW. ALTICE MAKES NO WARRANTY OR GUARANTEE THAT THE OPTIMUM ONE SKILL OR THIRD PARTY SOFTWARE SHALL BE UNINTERRUPTED OR ERROR-FREE AND SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY ERRORS, LOSSES, OR INTERRUPTIONS IN CONNECTION WITH SUBSCRIBER'S USE THEREOF.

 

Third Party Software.
Subscriber acknowledges that use of the Optimum Skill requires software that is licensed, sold and/or provided to Subscriber by third parties and is included on Subscriber's Device, including Amazon Alexa software ("Third Party Software"). Notwithstanding any other provision of these Terms to the contrary, these Terms shall not be deemed to apply to any Third Party Software and such Third Party Software is subject to the terms and conditions of the license agreement between Subscriber and the licensor of the Third Party Software. Subscriber acknowledges and agrees that Subscriber shall only use Third Party Software on Subscriber's Device that is authorized by Subscriber's Device manufacturer.

 

Support.
Any questions or comments regarding the Optimum Skill shall be directed to: 1-800-244-2328.

 

Choice of Law.
These Terms and any action for its enforcement shall be exclusively governed by, and construed in accordance with, the laws of the State of New York, without giving effect to conflicts of laws principles thereof.

 

Changes to the Optimum Skill and these Terms.
Subscriber agrees that Optimum may for any reason and without notice to Subscriber, modify or terminate the Optimum Skill without liability to Subscriber, any user or any third party. Optimum may, in its sole discretion, change, modify, add or remove portions of these Terms at any time. Optimum may notify Subscriber of any such changes to this agreement by posting notice of such changes on the Optimum Website, by written or electronic correspondence, or through an update - required or otherwise - to the Optimum Skill. The Subscriber's continued use of the Optimum Skill following notice of such change, modification or amendment shall be deemed to be the Subscriber's acceptance of any such modification. If Subscriber does not agree to any modification of these Terms, Subscriber must immediately cease using the Optimum Skill.

 

Effective: August 1, 2022