Features and Functions.
The App makes available for viewing in Subscriber's residence, through a Device, the channels and other content offerings which are authorized by Subscriber's service level and account status and only such channels and content offerings, subject to the availability (as a result of technical and other considerations) of such channels and content offerings through the App. The App allows Subscribers to search for programming and other content using either voice-based or text-based search and may also allow Subscribers to use their Device as a remote control and control the Optimum TV Box. Subscriber understands and agrees that the audio files and associated transcriptions and log files ("Speech Data") generated by Subscriber's use of the voice-based search will be collected, stored, and used by Optimum and its vendors to translate the Speech Data into text and may be collected and used by such third parties to tune, develop, build, enhance and/or improve the speech recognition functionality. Subscriber also understands and agrees that the text-based search terms generated by Subscriber's use of text-based search as well as the transcription(s) of Subscriber's voice-based search will also be collected, stored and used by Optimum and its vendors to provide Subscriber with search results and recommendations of related programming or content, including for the purpose of developing, enhancing and/or improving the search and recommendation functionalities.
The App also enables Subscribers that subscribe to Optimum TV and/or Optimum Online to manage their DVR service remotely through their Device. Use of DVR through the App is subject to the Agreement for Cloud DVR.
Subscriber understands and agrees that Optimum reserves the right to modify the App, 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 App shall only be for personal and noncommercial use and not for public use or performances. Subscriber understands and agrees that only certain content is accessible from the App when outside of the service location. Subscriber agrees that s/he shall not access or use any software, system, device or other technology to enable the App 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. For example, Subscriber may not view the App through a virtual private network. Other features of the App, including channel guide, Search, and management of their Optimum TV DVR, subject to the Agreement for Cloud DVR, may be available outside of his/her residence. In order to access the App, Subscribers also agree to password-protect their home router to ensure the security of their in-home wireless network. (This is in addition to the fact that the underlying television signals delivered from Optimum's headend are themselves encrypted all the way to the Device.) Except when using an Apple TV, no more than three (3) Devices associated with a Subscriber's account may simultaneously view channels and content offerings through the App. A Subscriber may not use Airplay to transfer any audio and/or video content viewed through the App to any other device inside such Subscriber's home. Subscriber also agrees not to submit any automated or recorded requests for Voice Search purposes.
Optimum hereby grants to Subscriber a non-exclusive, non-transferable, limited, license to download, install and use the App on Subscriber's Device. All rights not expressly granted in these Terms are reserved. The App 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 App.
Optimum shall have sole and exclusive ownership of all right, title, and interest in and to the App, 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 App, 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 App or in any way derive, reconstruct, identify or discover from the App 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 App. Subscriber agrees not to remove, alter, or obscure any product identification, proprietary, copyright, or other intellectual property notices, labels or marks contained or embedded within or on the App. Subscriber agrees not to use the App for purposes of comparison with or benchmarking against products or services made available by third parties. Further, Subscriber may not, directly or indirectly, disclose, distribute or make commercial use of the App or incorporate the App into Subscriber's products or software. Subscriber may not use the App 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 App.
The App is only available to certain residential Subscribers of Optimum TV who are in good standing. Subscribers must also have a valid Optimum ID to access the App. Live TV functionality is available to all video subscribers. On Demand and remote control functionality requires the Optimum TV box. Customers using only a CableCARD (without an Optimum TV Box), including CableCARD-enabled devices such as a TiVo, will not be able to experience transactional Video On Demand (i.e., Video on Demand titles available for an additional charge) using the Optimum TV app.
Subscriber agrees that Subscriber may not use or export the App (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.
Access to and use of the App requires a Device, an Optimum TV Box, and a secured home wireless network. Use of this App 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.
We may collect and use information regarding Subscriber's use of the App and Subscriber's Device in accordance with Optimum's Customer Privacy Notice and App Privacy Notice. Subscriber understands and agrees that this information may include, but not be limited to, Device type and operating system information. Subscriber also understands and agrees that Speech Data may be transferred within the United States and/or to other countries for storage, processing and/or use by Optimum's third party vendors.
OPTIMUM PROVIDES THE APP, THIRD PARTY SOFTWARE AND ANY THIRD PARTY MATERIALS 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. OPTIMUM MAKES NO WARRANTY OR GUARANTEE THAT THE APP 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, INCLUDING BUT NOT LIMITED TO INTERMITTENT SERVICE, SUITABILITY, ACCURACY OR COMPLETENESS OF CONTENT, ERRONEOUS DELETIONS, FAILED RECORDINGS, AND INABILITY TO ACCESS PROGRAMS OR PROGRAM INFORMATION AND OR OTHERWISE CONTROL THE OPTIMUM TV BOX.
Third Party Software.
Subscriber acknowledges that use of the App may require software that is licensed, sold and/or provided to Subscriber by third parties and is included on Subscriber's Device ("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.
Third Party Beneficiary.
Subscribers using Apple Devices understand and agree that Apple is a third-party beneficiary to this agreement. Upon Subscriber's acceptance of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against Subscriber as a third-party beneficiary of this agreement.
Any questions or comments regarding the App should be directed to Optimum at 1111 Stewart Avenue, Bethpage, NY 11714 or (866) 360-2758.
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 App and these Terms.
Subscriber agrees that Optimum may for any reason and without notice to Subscriber, modify or terminate the App 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 App. The Subscriber's continued use of the App 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 App.
Effective: August 1, 2022