Additional Terms Of Service For Optimum TV (Residential)
THESE TV TERMS GOVERNING YOUR USE OF OPTIMUM TV SERVICE INCLUDE A BINDING ARBITRATION PROVISION AS SET FORTH IN THE TERMS OF SERVICE, WHICH INCLUDES A WAIVER OF CLASS ACTIONS AND PROVISIONS FOR OPTING OUT OF ARBITRATION.
Subscriber's use of the Optimum TV Service shall be deemed acknowledgment that Subscriber has read and agreed to the Terms of Service, including these Additional TV Terms. Any user who does not agree to be bound by the Terms of Service, including these Additional Optimum TV Terms, should immediately stop their use of Optimum TV and notify the Optimum Customer Service Department to terminate the account. This is a legally binding document.
1. Third Party Apps: In addition to providing video programming and video-related services, and interactive television services, certain Optimum Equipment provided in connection with the Optimum TV Service, including the Optimum TV Box and Optimum TV Box Mini and Optimum digital cable box, may include or provide access to services, software or applications that are licensed, sold and/or provided to You by Third Party Providers ("Third Party Provider App(s)"). Notwithstanding any other provision of this Agreement to the contrary, this Agreement shall not be deemed to apply to any Third Party Apps and Your use of a Third Party App is subject to the terms and conditions of the license agreement between you and the licensor of that Third Party App. Subscriber acknowledges and agrees that Subscriber shall only use Third Party Apps on the Optimum Equipment that are authorized by Optimum.
2. Reproduction of Programs: Subscriber agrees that the programs and other services provided by Optimum will be utilized solely for Subscriber's personal, non-commercial use and will not be duplicated, redistributed or accessed except in compliance with law.
3. Voice Search: Subscriber understands and agrees that when interacting with the Voice Search feature of the Optimum Equipment, including the Optimum app or Optimum TV app, we may collect and use information regarding your use of the Optimum app Equipment in accordance with the Customer Privacy Notice and App Privacy Notice. Subscriber understands and agrees that this information may include voice search data which may be transferred within the United States and/or other countries for storage, processing and/or use by Optimum's third party vendors.
4. Service Limitations for Certain Equipment and Services:
A. High Definition Digital Tuning Adapter ("HD-DTA"): Availability of Certain Functionality: Subscriber understands and agrees that certain functions, including but not limited to Video-on-Demand, DVR, Pay Per View, 4K resolution, Interactive Guide, and certain Premium channels are not available through the HD-DTA.
B. Multi-Room DVR and Cloud DVR Services (collectively, "DVR"):
1. Storage Limits: If Subscriber has exceeded the maximum storage for Subscriber's DVR service, either (1) new recordings will not be recorded; or (2) recordings may be incomplete for the scheduled time due to lack of storage space.
2. Availability of Certain Functionality: Subscriber understands and agrees that functions such as "Pause" and/or "Resume" may become unavailable on certain recordings.
3. Network Connections and Outages: The DVR service is available only with a working network connection. From time to time, certain network issues may prevent Subscriber from recording and/or accessing recordings. Subscriber understands and agrees that climate, weather, and other factors beyond Optimum's control may cause Optimum TV outages temporarily affecting DVR service functionality.
4. Cable Box Conversions: Subscriber understands and agrees that Optimum offers different cable boxes and that recordings made in one format on one type of cable box may not play back on another type of cable box.
For additional information about DVR features and functionalities, please visit our FAQ at: https://www.optimum.net/search/?query=DVR.
5. Optimum's Rights:
A. Optimum has no obligation to monitor content or services accessible with the Optimum cable system or Optimum Equipment. However, Subscriber agrees that Optimum may monitor content electronically from time to time and to disclose any information as necessary to satisfy any law or regulation, to operate its programming and data information services properly, or to protect itself or its Subscribers.
B. Optimum may determine in its sole discretion what constitutes an "inappropriate" or "commercial use" of Optimum's systems, Equipment, and services.
C. Optimum may, at any time and in its sole discretion, without notice, change, add to or remove portions of the Service (including, without limitation, content, functionality, hours of availability, Equipment requirements, Equipment, and Services features), and/or institute or otherwise change rates, fees and charges for Service, subject to applicable law. Optimum may notify Subscriber of any such changes as described in Section 31 of the Terms of Service, including by posting notice of such changes on Optimum's website (www.Optimum.net), by sending notice via email or postal mail to Subscriber's billing address, by contacting the telephone number(s) on Subscriber's account (including mobile phones) by means such as but not limited to voice, SMS, MMS, and text messages, including by the use of by automatic telephone dialing systems, and/or by browser bulletins or walled garden (browser interruption). Subscriber agrees that any one of the foregoing will constitute sufficient and effective notice. If any material change negatively affects your Service, you have the right to cancel your Service. Your continued receipt of the Service for more than thirty (30) days after the change, however, will constitute your acceptance of the change.
A. Notwithstanding anything to the contrary herein, the Optimum TV Service, including but not limited to all programming, program services, program packages, number of channels, channel allocations, broadcast channels, interactive services, data offerings and other services are subject to change under applicable law. Optimum shall not be liable for any failure or interruption of program transmissions or service resulting in part or entirely from circumstances beyond Optimum's reasonable control. Subscriber agrees that it has no right to receive, and Optimum has no obligation to provide, any particular programming service or channel as part of Optimum's Optimum TV Service and that Subscriber is not entering into this agreement or purchasing Optimum's Optimum TV Service in reliance on an expectation or promise (explicit or implicit) that any particular programming service or set of programming services shall be included as part of Optimum's Optimum TV Service.
B. Notwithstanding anything to the contrary herein, and to avoid doubt, in the event particular programming becomes unavailable, either on a temporary or permanent basis, due to a dispute between Optimum and a third party programmer, Optimum shall not be liable for compensation, damages (including compensatory, direct, indirect, incidental, special, punitive or consequential losses or damages), credits or refunds of fees for the missing or omitted programming. Subscriber's sole recourse in such an event shall be cancellation of the Service in accordance with the Terms of Service. This paragraph shall not apply to programming to which a Subscriber subscribes on an a la carte basis (i.e. channels not part of a package or tier); provided, however, in that event Subscriber shall only be entitled to a pro-rata credit of amounts pre-paid for the specific programming to which Subscriber subscribes on an a la carte basis.
8. Additional Disclaimer: Programming information is passed onto Optimum from the programmers and is provided to you AS IS. Optimum does not guarantee the accuracy of any programming title, run time or other related programming information. Optimum does not guarantee Subscriber's access to or ability to record any particular programming or the time that any particular program remains available for viewing or recording
9. Parental Control: A Parental Control feature is available, if you want to keep children from watching certain programming. You can place channels under Parental Control by blocking out channel number, and/or, on the digital cable box or Optimum One, by program rating. Please check the manual provided with your Service for instructions on how to implement and monitor the Parental Control features. Should you deactivate the Parental Control feature, even for one channel or event, this will deactivate the Parental Control feature for all other channels previously locked out. You will then have to reactivate the Parental Control to again block out the desired channels. It is recommended that you occasionally verify that your Parental Control feature is activated and operational.
10. Spending Controls: Spending Controls, which allow you to control purchasing Pay Per View or On Demand movies and events, are available on certain Optimum Equipment, to assure authorized use and ordering of these services, either with a Purchase PIN for ordering through your telephone or the digital cable box or Optimum Equipment. In some areas, you may be required to pre-select a Purchase PIN. Please check the manual provided with your service for instructions on how to implement and monitor the Spending Control features. Failure to utilize these features may allow someone to order Pay Per View or On Demand services from your residence without your knowledge. Should this occur, the account holder will remain legally and financially responsible for all charges. Also, should you deactivate these features on the cable box or Optimum Equipment even for one channel or event, this will remove the Purchase PIN security for all Pay Per View services. You must reprogram the features if you wish to control the ordering of the Pay Per View services. It is recommended that you occasionally verify that your Spending Control features are activated and operational.
11. Prohibited Uses and Activities: The Subscriber shall not use Optimum's Equipment, or the Services for illegal or inappropriate activities or otherwise engage in any illegal or inappropriate activities in their course of dealings with Optimum, including but not limited to:
A. invading another person's privacy; unlawfully using, possessing, posting, transmitting or disseminating obscene, profane or pornographic material; posting, transmitting, distributing or disseminating content which is unlawful, threatening, abusive, harassing, libelous, slanderous, defamatory or otherwise offensive or objectionable;
B. redistributing or retransmitting the Optimum TV Service, or any portion thereof, or transmitting or distributing the Optimum TV Service, or any portion thereof, to persons outside the service location on your account;
C. modifying, disrupting or tampering with Optimum's Equipment, including but not limited to, tampering with the seal on the digital cable box, Optimum Equipment, the access card or any of Optimum's services;
D. connecting or attaching equipment to the Service with the intended purpose to distribute the service in an unauthorized manner;
E. restricting, inhibiting or otherwise interfering with the ability of any other person to use or enjoy the Optimum TV Service, any other Optimum Service, or the Internet.
F. reselling Optimum service or services;
G. conducting a pyramid or other illegal soliciting scheme;
H. impersonating any person or entity or forging anyone else's digital or manual signature; or
I. harassing, threatening, or otherwise verbally abusing Optimum employees or its agents.
Engaging in one or more of these activities may cause termination of this Agreement by Optimum. This section shall not limit Optimum's rights of termination under any other provision of this Agreement.
12. Closed Captioning: Information regarding closed captioning issues is available by clicking here.
13. Acceptable Use Policy: Use of the Service is also governed by Optimum's Acceptable Use Policy.
Effective: August 1, 2022