News 12 to GO Wireless Service
In order to use the Service, you must have a compatible mobile communications device and a valid and existing connection for service with any wireless provider. In addition, you must provide all equipment and software necessary to make such connection, including a mobile hand set or other access device and ensure that they are in working order and suitable for use in connection with the Service. You are responsible for ensuring that that equipment and software do not disturb or interfere with the Operators' operations. Any equipment or software causing interference shall be immediately disconnected from the Service.
Other Agreements; Amendment. In addition to this Agreement, the provision of the Service and your use of the Content is subject to the Optimum Online Terms of Service available Optimum Terms of Service, the News 12 Terms of Usage available at http://www.news12.com/Login/terms, and the terms and conditions of your customer agreement with your wireless provider. In the event of an inconsistency between the terms of this Agreement and such other terms of service, the terms of this Agreement shall prevail with respect to the Services. The Operators may, in their sole discretion, change, add, upgrade or remove portions of this Agreement or the Service at any time. If any change in the Service requires changes in your equipment or software, you must effect these changes at your own expense. The Operators may notify you of any such changes to this Agreement by posting notice of such changes on the News 12 to GO Registration, or sending notice via e-mail or postal mail. Your continued use of the Service following notice of such change, modification or amendment shall be deemed to be your acceptance of any such modification. If you do not agree to any modification of this Agreement, you must immediately cease using the Service and notify the Operators that you are terminating this Agreement in accordance with the procedures set forth below in the Term and Termination.
Rates and Payment. Charges for airtime used in connection with the Service, including, without limitation, airtime used to access the Service, to download the Content and/or to use the Service will be assessed in accordance with the terms and conditions set forth in your customer agreement or calling plan with your wireless provider. In addition, you also may be assessed recurring or non-recurring charges from the Operators when you download the Content or otherwise use the Service. These charges may vary depending on your subscription status and whether or not you are a Cablevision or Optimum Online Boost subscriber, but they will either consist of one-time transaction charges or monthly or annual subscription charges. Any monthly or annual subscription charges will be automatically charged to you on the applicable anniversary date unless you terminate prior to the date. There will be no pro rata refunds if the Service is terminated prior to such anniversary date. The Operators reserve the right to change the charges for use of the Service and downloading of the Content by posting details of such changes on News 12 to GO Registration. The nature and amount of the charges will be as specified on News 12 to GO Registration, and will be charged either to your Cablevision cable bill or to your credit card, as agreed to by you as part of the sign-up process.
Use of the Service and Content. You acknowledge that the Operators may establish general practices and limits concerning use of the Service. You acknowledge that the Operators reserve the right to log off accounts that are inactive for an extended period of time.
Any Content downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download or use of such material. The Operators shall use commercially reasonable efforts to make sure the information in the Content is accurate, but the Operators will not be liable in any way if such information is inaccurate or incomplete.
When using the Service, the Content downloaded, even if downloaded pursuant to an unlimited or other long-term subscription, can only be used for the wireless number you use to sign up, and only on the device to which the Content is downloaded. This means that if your wireless device is on any type of "family" or "shared services" plan, only the wireless number that is registered will be able to access the Content. Other wireless devices on the "family" or "shared services" plan must be registered separately in order to receive the Content. This also means that if you replace your device after downloading certain Content you will need to download the Content again to the replacement device and pay any applicable charges, surcharges and airtime associated with the download.
Additionally, you may need cancel and discontinue use of the Content on your old device, otherwise you may be billed for such Content and will be responsible for all charges. No transfers, credits or refunds are permitted.
Consent to Monitoring and Disclosure. The Operators are under no obligation to monitor use of the Service, but they may do so to: (1) comply with applicable laws, rules and regulations or orders of courts or governmental agencies with proper jurisdiction; and/or (2) operate the Service properly or protect you or other customers.
Unauthorized Usage. If your wireless communications device is lost or stolen, or you learn that the Service is being used in an unauthorized or fraudulent manner, you must immediately notify the Operators. If you fail to so notify the Operators, any charges incurred will be your sole responsibility. The Operators will have the right, without notice, to restrict, limit or interrupt the Service if, in its sole discretion, they suspect that fraud or other unauthorized activity is occurring in connection with the telephone number assigned to your wireless communications device.
Disclaimer of Warranties. THE SERVICE AND CONTENT ARE PROVIDED TO YOU BY THE OPERATORS "AS IS". THE OPERATORS DISCLAIM ANY AND ALL WARRANTIES REGARDING THE SERVICE AND CONTENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE OPERATORS ALSO DISCLAIM ALL WARRANTIES WITH REGARD TO WHETHER THE SERVICE AND APPLICATIONS WILL MEET YOUR REQUIREMENTS, WORK IN COMBINATION WITH ANY HARDWARE OR SOFTWARE OR OPERATE ON AN UNINTERRUPTED OR ERROR FREE BASIS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY OR MAY BE LIMITED.
Limitation of Liability. IN NO EVENT WILL THE OPERATORS BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, DIRECT, EXEMPLARY, PUNITIVE OR STATUTORY DAMAGES OF ANY KIND ARISING OUT OF THE SERVICE OR THE DOWNLOAD, INSTALLATION AND/OR USE OF ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, LOST DATA, REVENUES, BUSINESS OR PROFITS, EVEN IF THE OPERATORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, IN NO EVENT WILL THE OPERATORS' LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE OR ANY CONTENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, EXCEED THE CHARGES PAID BY YOU, IF ANY, FOR THE SERVICE AND THE CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY OR MAY BE LIMITED.
Ownership of the Service and Content. You acknowledge and agree that the Service, any software used in connection with the Service ("Software"), the Content, and usernames allocated to you contain proprietary and confidential information that is protected by applicable intellectual property and other laws and which belong to the Operators or third parties. You will not acquire ownership of any intellectual property rights in the Service, the Software the Content or usernames by virtue of your use of the Services. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, the Software, or the Content in whole or in part. You agree not to access the Service by any means other than through the interface that is provided by the Operators for use in accessing the Service.
Miscellaneous. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules. Any dispute arising out of or relating to this Agreement or your access or use of the Service will be subject to the exclusive jurisdiction of the courts located within the state of New York, and you hereby submit to the personal jurisdiction of such courts. You may not assign any of your rights under this Agreement. If any provision in this Agreement is held invalid or unenforceable, that provision shall be construed in a manner consistent with applicable law to reflect the original intent of the provision, and the remaining provisions of this Agreement shall remain in full force and effect. The Operators' failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.