Features and Functions.
Subscriber understands and agrees that Optimum Stream is only provided for use by Optimum internet subscribers and is not operational without an Optimum internet connection. A Google account and login is required in order to utilize all Optimum Stream's features and functionality. Subscriber may utilize certain Optimum Stream features and functionality without a Google account.
Subscriber further understands and agrees that Optimum Stream is Optimum Equipment as defined in the General Terms and Conditions of Service (Residential) and that Optimum reserves the right to modify Optimum Stream, and the features and functionality thereof, at any time without notice to Subscriber. Failure to pay your bill for Optimum services when due may result in the discontinuance of Optimum Stream functionality until the balance is brought current.
Restrictions on Use.
Subscriber agrees that his/her use of and access to Optimum Stream 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 Optimum Stream 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.
All rights not expressly granted in these Terms are reserved. No license is granted to Subscriber in the source code of Optimum Stream.
As between Subscriber and Optimum, Optimum shall have sole and exclusive ownership of all right, title, and interest in and to Optimum Stream, 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 Optimum Stream, 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 Optimum Stream or in any way derive, reconstruct, identify or discover from Optimum Stream 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 Optimum Stream. 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 Optimum Stream. Subscriber agrees not to use Optimum Stream 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 Optimum Stream or incorporate Optimum Stream into Subscriber's products or software. Subscriber may not use Optimum Stream 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 Optimum Stream.
Optimum Stream is only available to residential Optimum internet Subscribers who are in good standing and by using the Optimum internet service.
Subscriber agrees that Subscriber may not use or export Optimum Stream (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.
We may collect and use information regarding Subscriber's use of Optimum Stream and Subscriber's Device in accordance with the Subscriber Privacy Notice and the App Privacy Notice.
OPTIMUM PROVIDES OPTIMUM STREAM, 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 OPTIMUM STREAM 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.
Third Party Software.
Subscriber acknowledges that use of Optimum Stream 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.
Any questions or comments regarding Optimum Stream should be directed to Optimum at 1111 Stewart Avenue, Bethpage, NY 11714 or (888) 822-5151.
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 Optimum Stream and these Terms.
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 Optimum Stream. The Subscriber's continued use of Optimum Stream 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 Optimum Stream.
Effective Date: August 1, 2022