OPTIMUM AUTOS TERMS OF SERVICE

Optimum Autos' is an interactive online and video service (the "Service") operated by CSC Holdings, Inc. ("Cablevision").  By using this Service, you accept and agree to be bound by the following terms and conditions, which have been established to ensure the quality of the Service.  Please be advised that all Autos are posted on the Service on behalf of third party advertisers ("Sellers").  Sellers and Buyers of property and other goods or services are responsible for all aspects of the transactions in which they choose to participate.  All transactions conducted on the Service must be consistent with any applicable law.  By registering as a user or by using the Service you hereby agree to be bound by all of the following terms and conditions ("Terms of Service" or "TOS").  The material that appears on the Service is for informational purposes only.  Despite our efforts to provide useful and accurate information, errors may appear from time to time.  Before purchasing any property, products or services you've read about on this Service, you should confirm with the Seller any information (including the price) that is important to your purchasing decision.  Cablevision is not responsible for and does not guarantee the quality or performance of any such property goods or services.

 

I. General:

1.      Cablevision provides the Service, which includes this website (the �Site�), as a platform for our users to connect with advertisers of goods, services or property ("Sellers").  Cablevision is not a party to any transactions.  Cablevision does not review or authenticate the Sellers listings.  Thus, users of the Service should be aware that:

Sellers and Buyers are solely responsible for handling the sale and exchange of goods.

Sellers and Buyers are solely responsible for resolving all disputes that may arise from Optimum Autos transactions.  It is important to use caution throughout your interactions with Sellers through the Service.

Sellers and Buyers are responsible for researching and complying with any applicable laws, regulations or restrictions on items, services or manner of sale or exchange that may pertain to transactions in which they participate

Cablevision is not responsible in any way for the content of any listings (including any errors that may be included in any listing), or any of the transactions between any Seller and Buyer.
 
2.   You may not use or manipulate the Optimum Autos service for any fraudulent activity or purpose.

3.       For any submitted ad, you may submit only photographs of the vehicle itself and nothing else. No persons / models may appear in any submitted photograph. By submitting an ad to the Service, Sellers represent and warrant that they own the vehicle in the ad and agree that Cablevision may use the ad, including any submitted photographs and other information provided in connection with the Service.

II. Buying & Selling Property, Goods or Services:
 

The price and other terms of any sale remain subject to direct negotiation between the Buyer and the Seller.  The prices listed by Sellers on Optimum Autos often exclude many additional, ancillary fees, which may be added to the listed price to arrive at the final sales price.  Though we are hopeful that all who participate in Optimum Autos will act honorably and treat each other fairly, we cannot verify the information that Sellers supply or guarantee the property, goods or services that they offer.  When using the Service to make contact with a Seller of goods or property in which you are interested, we urge you to use the same common sense and good judgment that you would use in dealing with a Seller whom you contact through a classified ad in the newspaper.  If you indicate your desire to be contacted by a Seller, you understand and agree that you have established a direct relationship with the Seller.

Responsibility for the information contained in listings lies with each Seller and not with Cablevision.  You are responsible for the content of all e-mail messages that you transmit through the Service as well as all information that you may provide to us, which we will then forward to advertisers on your behalf.

III. Ownership and Permission:

The Service is made available for your personal, non-commercial use only.  The Service, including this Site, contains materials supplied by Cablevision and its affiliates, parents, and subsidiaries, as well as other sources such as third party operational and marketing partners, and is protected by copyrights, trademarks, servicemarks, patents, trade secrets, or other proprietary rights and laws. Although we try to ensure that the material on the Service are accurate and error-free, from time to time the materials may include inaccuracies or typographical errors. We are not responsible for any such inaccuracies or errors.  We reserve the right to make changes and update any material and/or information contained on this Site without prior notice.

Except as expressly authorized by Cablevision, you may not modify, copy, reproduce, republish, upload, post, transmit, distribute, sell, license, rent, publicly display or perform, edit, adapt or create a derivative work of, in any manner, any material, content or design elements obtained from the Service, including code and software (collectively the "Material"). Notwithstanding the above, you may print or download the Material from this Service only for personal or non-commercial use, provided that you do not republish the Material and keep intact all copyright, trademarks, servicemarks, patent and other proprietary notices.

Use of the Material for any purpose not expressly permitted herein is prohibited. As noted above, reproduction, copying, or redistribution for commercial purposes of the Material on this Service is strictly prohibited without the express written permission of Cablevision. You are also prohibited from framing this Site or linking to any other page except the Site's homepage without the express written permission of Cablevision.

Optimum Autos is a trademark of CSC Holdings, Inc. and the names of other products and services referred to on the Serviceare the trademarks of their respective owners.  You may not use any trademark or service mark appearing on the Service without the prior written consent of the owner of the mark.

You represent and warrant that you are the owner or otherwise have the right to provide any information or materials (including pre-existing materials) that you post, upload or transmit for use in public or private areas on the Service. You are responsible for all content that you post, e-mail, transmit, upload or otherwise make available through the Service. You agree not to use this Service to make available any content that:

is unlawful, harmful to adults or minors, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person;
contains unauthorized advertising or solicits other visitors; or
is intended to interrupt, destroy or limit the functionality or integrity of any computer software, hardware or materials on this Site.

You hereby grant Cablevision, its parents, affiliates, subsidiaries, and third party providers an irrevocable, royalty-free, perpetual, non-exclusive worldwide license to use, copy, display, modify, edit and create derivative works from and distribute any information or materials that you post, upload or transmit to the Service. Cablevision, its parents, partners, affiliates, subsidiaries, directors, officers, employees and any contract or operational providers will not be responsible for the action of any visitors or third parties with respect to any information, material or content posted, uploaded or transmitted via the Service. You agree to indemnify and hold Cablevision, its parents, affiliates (including without limitation Newsday, LLC), subsidiaries, and third party providers harmless from any claim or demand, including reasonable attorneys fees, made by any party arising out of information or materials that you post, upload, transmit or submit to the Service.

Any non-personal information you provide to us by e-mail, including, but not limited to, feedback, data, answers, questions, comments, suggestions, plans, ideas or the like, shall be deemed to be non-confidential and we assume no obligation to protect such non-personal information contained in the e-mail from disclosure. The submission of non-personal information to us shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas or the like by Cablevision, its parents, affiliates, subsidiaries or operational providers for any purpose, and Cablevision, its parents, affiliates, subsidiaries and operational providers shall be free to reproduce, use, disclose and distribute such information to others without liability or restriction.

 

IV. Termination of Service:

You understand and agree that in Cablevision's sole discretion and without prior notice, Cablevision may terminate your access to the Service if Cablevision believes that your use of the Service and/or any content you provided has violated or is inconsistent with these Terms of Service or violated the rights of another user or the law.

V. Disclaimer of Warranties & Limitation of Liability:

IF YOU RELY ON THIS SERVICE FOR ANY INFORMATION, REGARDING ANY PRODUCTS, SERVICES OR GOODS ADVERTISED THROUGH THIS SERVICE, YOU DO SO AT YOUR OWN RISK.  YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION & PRODUCTS PROMOTED ON THIS SERVICE.  THIS SERVICE IS PROVIDED TO YOU "AS IS".  CABLEVISION AND ITS AFFILIATES (INCLUDING BUT NOT LIMITED TO NEWSDAY, LLC), AGENTS, THIRD PARTY PROVIDERS, AND LICENSORS, CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THIS SERVICE (OR ANLY INFORMATION, GOODS OR SERVICES THAT ARE REFERRED TO, ADVERTISED OR PROMOTED THROUGH THIS SERVICE).

 

UNDER NO CIRCUMSTANCES WILL CABLEVISION OR ITS AFFILIATES (INCLUDING BUT NOT LIMITED TO NEWSDAY, LLC), AGENTS, THIRD PARTY PROVIDERS, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, ARISING OUT OF YOUR USE OF THIS SERVICE OR ANY PRODUCT OR SERVICE LINKED TO, FROM OR ADVERTISED OR PROMOTED ON THIS SERVICE, INCLUDING WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY KIND.  YOU AGREE THAT THE LIABILITY OF CABLEVISION AND ITS AFFILIATES (INCLUDING BUT NOT LIMITED TO NEWSDAY, LLC), AGENTS, THIRD PARTY PROVIDERS, AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM ARISING OUT OF OR OTHERWISE RELATED TO THIS SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, FOR THE USE OF THE SERVICE OUT OF WHICH SUCH LIABILITY ALLEGEDLY ARISES.

 VI. Registration/Responding to an Ad

You will be given an opportunity to register to utilize Optimum Autos.  As part of the registration process you will select a user name and password.  You agree that the information you supply during the registration process or in the process of responding to an ad will be accurate and complete and that you will not register under the name of, nor attempt to enter the Service under the name of, another person.  To participate in Optimum Autos activities, you will be requested to submit certain personally identifiable information about yourself, including your name and personal contact information ("personal information").  We may also gather certain types of non-personal information about you to protect the security of our visitors to our Service or to improve our content offerings.  You agree that Cablevision, its affiliates, and third party providers may use your personal information and display such personal information in order to operate the Service, including by displaying your ad. All information gathered from visitors to this Service will be governed by our Privacy Policy, which is incorporated herein by reference.  If there is a conflict between the terms of this Agreement and our Privacy Policy, the terms of the Privacy Policy will prevail.  Please carefully review our Privacy Policy to understand our collection, use and disclosure practices, which for purposes of the Service will include but not be limited to sharing your personal account information with third parties with whom you have indicated an interest in transacting business and sending confirmation e-mails to you to ensure that all leads have been followed up to your satisfaction.

You must be over eighteen (18) years of age or older to participate in the Service.  We will not knowingly collect personal information from visitors under eighteen (18) years of age for activities on this Site.  Upon discovery of the participation of a person under eighteen (18), his/her registration or participation will be cancelled immediately and all personal information will be deleted from our files.

We reserve the right to disallow use of any user name that we deem offensive or inappropriate.  You will be responsible for preserving the confidentiality of your password and for all actions of persons accessing Optimum Autos through any username/password assigned to you.  You will notify Optimum Autos Customer Service Manager at support@optimumautos.com of any known or suspected unauthorized use of your account.

VII. Miscellaneous:

Cablevision reserves the right at its discretion to change these Terms of Service and your continued use of this Service after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes.  Cablevision may modify, suspend, discontinue or restrict the use of any portion of the Service without notice or liability.  These Terms of Service will be governed by and construed in accordance with the laws of the State of New York, without regard to its conflicts of law provisions.  Any dispute arising out of or relating to this 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.  If any provision in these Terms of Service 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 these Terms of Service shall remain in full force and effect.

VIII. Optimum Autos Online:

You may not put any material on Optimum Autos that contains any viruses, Trojan horses, worms, time bombs, viruses or other computer programming routines that may damage, interfere with or intercept any system, data or personal information. You may also not put any material on Optimum Autos that is fraudulent or misleading, that violates the rights of any third parties (including any trademarks, copyrights or rights of privacy or publicity) or that contains anything that is offensive, inappropriate, illegal, dangerous or unsafe, as determined by Cablevision in its sole discretion. Cablevision reserves the right, in its sole discretion, to not accept, or to remove from the Service, any materials that do not comply with these Terms of Service.

For your convenience, we make available a variety of links to other third party websites that Cablevision does not operate to obtain related products and services, including but not limited to, insurance, warranties, financing, etc.  Cablevision cannot guarantee the prices, terms, quality, reliability or performance of the products or services provided by these vendors.  Cablevision is not responsible for the products or services those vendors provide.

Please be advised that once you leave our website, your use of the Internet will be governed by the terms and conditions and privacy policies, if any, of the particular site that you are accessing, including those of our operational providers, advertisers, sponsors and promotional partners.  Cablevision, its parents, partners, affiliates, subsidiaries, members, directors, officers, employees and agents will not be responsible or liable for the content, activities or privacy practices of the other sites or any loss or damage that could result from leaving our website.

Effective 1-1-09