You must agree to our Terms of Service before you create account. These bind you and your company or other entity and include non-disclosure and confidentiality obligations, liability, indemnification, choice of law and other legal provisions.
XFINITY Home Partner Portal Terms of Service
1. Terms of Service
A. XFINITY Home Platform.
Comcast Cable Communications Management, LLC (“XFINITY Home”, “we”, “our”, or “us” in these terms) maintains a platform that enables the interconnection and communication of devices and data services (the “XFINITY Home Platform”).
These XFINITY Home Partner Portal Terms of Service (these “Terms”) include quality and functional rules and other legal terms that we require all developers to accept and implement as a condition of accessing and using our application programming interfaces (“API” or the “XFINITY Home API”) and any documentation, materials, code, data, and other materials made available to you by XFINITY Home (collectively, and together with the XFINITY Home API, “XFINITY Home Developer Materials”) to develop a client for use in connection with the XFINITY Home Platform (“Client”).
C. Accepting these Terms.
You may use the XFINITY Home Developer Materials only if you can form a binding contract with XFINITY Home, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. You represent that you are 18 years of age or over, have the authority and capacity to accept these Terms, and agree to be bound by these Terms. If you open a XFINITY Home Partner Portal account on behalf of a company, organization, or other entity, then (i) “you” includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf.
We may modify these Terms from time to time, so please check back to see the latest applicable version on-line and in our developer portal. You agree that your continued use of XFINITY Home Developer Materials constitutes acceptance of the modified terms.
E. Non-Disclosure and Confidentiality.
Our communications to you and the XFINITY Home Developer Materials may contain XFINITY Home Confidential Information. “Confidential Information” includes any materials or communications, including technical, marketing, financial, employee, planning, and other confidential or proprietary information that is: (a) in tangible form marked as “confidential” or “proprietary” or with a similar legend; (b) in intangible form that is designated as confidential at the time of disclosure; or (c) based on the circumstances under which it was disclosed, a reasonable person would understand to be confidential. Confidential Information does not include (a) was already lawfully known to you at the time of disclosure by us; (b) is disclosed to you by a third party who has the right to make such disclosure without any confidentiality restrictions; (c) is at the time of receipt, or through no fault of your own has become, generally available to the public; or (d) is independently developed by you without access to, or use of, our Confidential Information. You will not disclose any Confidential Information to any third party without XFINITY Home’s prior written consent. Your obligations to keep such Confidential Information confidential will continue in full force and effect for three (3) years from the date of the disclosure. You will not use or reproduce Confidential Information other than as necessary for the performance of your obligations or exercise of your rights under these Terms. You will only disclose Confidential Information to those of your employees, contractors, and agents who have a need to know such Confidential Information for you to perform your obligations or exercise your rights under these Terms. You will protect all Confidential Information from unauthorized use, access, or disclosure in the same manner as you protects your own confidential or proprietary information of a similar nature, and with no less than reasonable care. You may disclose Confidential Information to the extent that such disclosure is approved in writing by us, necessary for your to enforce its rights under these Terms, or required by law or by the order of a court or similar judicial or administrative body, provided that you notifies us in writing of such required disclosure promptly and cooperate with us, at our reasonable request and expense, in any lawful action to contest or limit the scope of such required disclosure.
2. Account and Registration
A. Creating an Account.
You need to use a current XFINITY Home Partner Portal account or create a new XFINITY Home Partner Portal account in order to use XFINITY Home Developer Materials. Prior to formal approval of your request to create a XFINITY Home Partner Portal account, you will have to verify your contact information. You agree that any registration information you give to XFINITY Home will be accurate, complete, and current. You will notify XFINITY Home immediately of any changes to any of the foregoing information. XFINITY Home may withhold approval of your account for any reason. It is your responsibility to keep your password, account credentials, and accounts secure. You should notify XFINITY Home immediately if any unauthorized use, or suspected unauthorized use, of your XFINITY Home Partner Portal account occurs or if any other breach of security occurs. XFINITY Home is not liable for any loss or damage arising from your failure to comply with these requirements.
B. Subsidiaries and Affiliates.
You agree that XFINITY Home subsidiaries and affiliates may provide XFINITY Home Developer Materials to you on behalf of XFINITY Home and these Terms will govern your relationship with these companies. A company is an “affiliate” of another company if it directly, or indirectly through one or more intermediaries, controls, is controlled by or is under common control with the other company.
3. Use of XFINITY Home Developer Materials
A. Right to Access and Use of XFINITY Home Developer Materials.
Subject to these Terms, XFINITY Home grants you a limited, revocable, non-transferable, non-exclusive, right (without the right to sublicense) to access and use the XFINITY Home Developer Materials, solely to the extent necessary for you to create a Client that operates with the XFINITY Home Platform and not products, components, or services that are competitive with the XFINITY Home Platform.
B. Permitted Access.
You may access and use XFINITY Home Developer Materials only as expressly permitted by the means described in the documentation or instructions XFINITY Home provides. You will not misrepresent or mask either your identity or your Client’s identity when using the XFINITY Home API.
C. Open Source Software.
Some of the software required by or included with the XFINITY Home API may be offered under an open source license. Open source software licenses constitute separate written agreements. To the limited extent the open source software license expressly supersedes the Terms, the open source license instead sets forth your agreement with XFINITY Home for the applicable open source software.
XFINITY Home may monitor the use of XFINITY Home Developer Materials to ensure quality, improve XFINITY Home products and services, or verify your compliance with these Terms. You will not interfere with such monitoring.
E. Compliance with Law.
You will use XFINITY Home Developer Materials only as permitted by law (including without limitation laws regarding the import or export of data or software, privacy, or local laws). You will not use XFINITY Home Developer Materials to encourage or promote illegal activity. You will not knowingly enable end users to violate applicable laws or these Terms.
A. Unless otherwise approved in writing by XFINITY Home, you will not use XFINITY Home Developer Materials to:
1. Implement functionality that interferes with the core functionality of XFINITY Home products or services.
2. Breach the terms and conditions governing the use of any XFINITY Home product or service.
3. Harm, defame, abuse, harass, stalk, threaten, endanger the safety, or violate the legal rights (such as rights of privacy and publicity) of any person or encourage any third party to do the same.
4. Post, store, transmit or disseminate information, data or material which is libelous, obscene, unlawful, threatening or defamatory, or which infringes the intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offense, or otherwise violate any local, state, federal, or non-U.S. law, order, or regulation.
5. Create a Client that functions substantially the same as the XFINITY Home API or other XFINITY Home Developer Materials and offer it for use by third parties.
6. Perform an action with the intent of introducing to XFINITY Home products and services any viruses, worms, defects, Trojan horses, malware or any items of a destructive nature.
7. Access or control any customer accounts or any devices linked to any customer accounts in a manner that could cause any harm, damage, or loss.
8. Use the XFINITY Home API to process or store any data that is subject to the International Traffic in Arms Regulations maintained by the Department of State.
In addition, you will not (i) interfere with or disrupt the XFINITY Home API or the servers or networks providing the XFINITY Home API; (ii) tamper with the security of any of the hardware, software or networks used by XFINITY Home to make the XFINITY Home Developer Materials available or tamper with any customer accounts; (iii) disable, circumvent or avoid any security device, mechanism, protocol or procedure established by XFINITY Home; or (iv) permit others to do any of the foregoing.
You agree you will provide accurate and up-to-date customer-facing information and justifications on your Client.
B. Branding and “Look and Feel” Guidelines.
If we decide to launch your Client on the XFINITY Home platform, you agree to build your Client in accordance with any branding or “look and feel” guidelines we provide.
C. Investigation and Suspension/Termination.
XFINITY Home reserves the right to investigate any Client for compliance with these Terms. Such investigations may include XFINITY Home accessing and using your Client, for example to identify stability or security issues that could affect XFINITY Home or its customers. You consent to any such investigation. XFINITY Home may immediately suspend or terminate access to the XFINITY Home API or other XFINITY Home Developer Materials by you or your Client without notice if we determine, in our sole discretion, that you are causing stability or security issues or are otherwise in violation of these Terms.
6. Ownership and License
A. Your Clients.
XFINITY Home does not acquire ownership in your Client by your use of XFINITY Home Developer Materials. You represent and warrant that you have the necessary rights to provide all content you use in connection with the XFINITY Home API or your Client and to grant all necessary licenses.
B. XFINITY Home Developer Materials and Feedback.
By using the XFINITY Home API and XFINITY Home Developer Materials, you do not acquire ownership of any rights in the XFINITY Home API, XFINITY Home Developer Materials, the XFINITY Home Platform, or any data, content or information that is transmitted or accessed through the XFINITY Home API.
The XFINITY Home Developer Materials and XFINITY Home Platform are protected by United States intellectual property laws, including without limitation copyright laws, and international treaty provisions. You will not remove or alter any proprietary notices or marks on the XFINITY Home Developer Materials. You will not reverse engineer or attempt to extract the source code from the XFINITY Home API, XFINITY Home Developer Materials, or any related software, except to the extent that this restriction is expressly prohibited by applicable law and then in such case, the information derived will be maintained in strict confidence. You also will not sublicense, lease, rent, loan, distribute, sell, transfer or make available the XFINITY Home API or XFINITY Home Developer Materials to any third party except as specifically permitted by these Terms. XFINITY Home Developer Materials are licensed and not sold. XFINITY Home reserves all rights not expressly granted in these Terms.
If we receive any feedback, suggestions, ideas, reports, or other information relating to any XFINITY Home Developer Materials or any XFINITY Home products or services, XFINITY Home and its subsidiaries and affiliates may use such information without obligation to you.
C. Updates to the XFINITY Home API.
We reserve the right to modify or update the XFINITY Home Developer Materials and XFINITY Home Platform at any time, for any reason, and without notice to you, though we will try to provide as much prior notice as possible. If XFINITY Home makes updates, revisions, breaking changes or in any way modifies the XFINITY Home API or other XFINITY Home Developer Materials, you agree to make changes to your Client to ensure continued service for your end users. We may add or remove functionalities or features at our discretion, and we do not guarantee that your Client will function with any future or modified versions of any XFINITY Home Developer Materials or the XFINITY Home Platform. Clients that are not updated in response to changes in the XFINITY Home API must be taken down immediately and you agree to provide notice to end users of the takedown.
7. Branding and Publicity
A. Branding and Trademarks.
These Terms do not grant either party any right, title or interest in or to the other party’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
You will not make any statement regarding your use of the XFINITY Home Developer Materials that suggests partnership with, sponsorship by or endorsement by XFINITY Home without our prior written approval. You may not use XFINITY Home marks or refer XFINITY Home directly or indirectly in any media release, public announcement, or public disclosure, or in any promotional or marketing material, lists, or business presentation, without our prior written consent.
C. Promotional and Marketing Use.
In the course of promoting, marketing, or demonstrating the XFINITY Home API, XFINITY Home Developer Materials, XFINITY Home Platform and XFINITY Home products and services, XFINITY Home may produce, distribute and use depictions, screenshots, video, or other content from your Client, and may use your company or product name or marks, including trademarks, service marks, logos, promotional graphics, and marketing designs (“Your Marks”). You hereby represent and warrant that you own or have all the requisite authorizations, approvals, rights, and licenses in and to Your Marks. You hereby license to XFINITY Home all necessary rights to use Your Marks for the purposes specified herein.
You may stop using the XFINITY Home Partner Portal and XFINITY Home Developer Materials at any time with or without notice. Further, if you want to terminate your account with the XFINITY Home Partner Portal, you must provide XFINITY Home with 30 days prior written notice and, subject to the post-termination obligations and the surviving provisions set forth in these Terms, upon the expiration of such 30-day period, these Terms will terminate.
Without limiting any other right or remedy of XFINITY Home hereunder, XFINITY Home will have the right to immediately terminate these Terms and/or suspend or terminate access to the XFINITY Home API or XFINITY Home Developer Materials by you or your Client without liability or other obligation to you and without notice.
B. Your Obligations Post-Termination.
Upon any termination or expiration of these Terms or discontinuation of your access to the XFINITY Home API, you must immediately cease all use of any XFINITY Home Developer Materials and delete all copies thereof. You also immediately will stop collecting any information from users and will delete all information obtained via the XFINITY Home API or other XFINITY Home Developer Materials. Upon XFINITY Home’s request, you will provide XFINITY Home with written confirmation that all of the foregoing has been deleted and communicate to end users that your Client is no longer available.
C. Surviving Provisions.
When these terms come to an end, those terms that by their nature are intended to continue indefinitely will continue to apply, including but not limited to: Sections 4, 6, 8, 9 and 10.
A. Limited Warranties.
You represent and warrant that: (a) you have full power and authority to agree to these Terms and to carry out your obligations hereunder; (b) agreeing to these Terms and performing your obligations will not result in the breach of any terms and conditions of, or constitute a default under, any other agreement to which you are bound; and (c) you will perform all of your obligations in compliance with all applicable laws, rules and regulations, including, but not limited to, the CAN-SPAM Act and Children’s Online Privacy Protection Act.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE XFINITY HOME APIS AND OTHER XFINITY HOME DEVELOPER MATERIALS IS AT YOUR SOLE RISK AND THAT THE XFINITY HOME API AND OTHER XFINITY HOME DEVELOPER MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. XFINITY HOME AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS AND DISTRIBUTORS SPECIFICALLY DISCLAIM ALL WARRANTIES IN RESPECT OF ANY PRODUCTS, XFINITY HOME APIS OR XFINITY HOME PLATFORM (AS APPLICABLE), INFORMATION OR MATERIALS PROVIDED HEREUNDER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES ARISING FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. NONE OF XFINITY HOME OR ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS OR DISTRIBUTORS MAKES ANY SPECIFIC PROMISES ABOUT THE XFINITY HOME API OR OTHER XFINITY HOME DEVELOPER MATERIALS. FOR EXAMPLE, WE DON'T MAKE ANY COMMITMENTS ABOUT THE QUALITY OF THE XFINITY HOME DEVELOPER MATERIALS OR THE CONTENT ACCESSED THROUGH THE XFINITY HOME APIS, THEIR RELIABILITY, AVAILABILITY OR ABILITY TO MEET YOUR NEEDS.
C. In using the XFINITY Home API and other XFINITY Home Developer Materials, you must take steps to design and test your Clients to ensure that your Clients do not present risks of personal injury or death, property damage, or other losses. You must implement all reasonable security measures to ensure that no third party may gain unauthorized access to XFINITY Home Developer Materials. You must design your Client so that any failure of any security measure included in your Client, the XFINITY Home Platform, and/or any XFINITY Home product or service does not cause personal injury, death, property damage, or other losses. If you choose to use the XFINITY Home API and other XFINITY Home Developer Materials, you assume all risk that your use of the XFINITY Home API and other XFINITY Home Developer Materials causes any damage, harm, injury, or loss, including without limitation to the end users of your Client or other XFINITY Home customers or end users. You agree that you are solely responsible for any damage, harm, injury, or loss arising from or relating to your Client or your use of the XFINITY Home API and other XFINITY Home Developer Materials and you agree to hold XFINITY Home and its subsidiaries and affiliates harmless from all such damage, harm, injury, or loss.
D. LIMITATION OF LIABILITY.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL XFINITY HOME, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE LICENSED PLATFORM, OR COMCAST PRODUCTS, HOWEVER CAUSED, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY, OR OTHERWISE, EVEN IF COMCAST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN NO EVENT SHALL THE TOTAL LIABILITY TO VENDOR BY XFINITY HOME, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS OR DISTRIBUTORS UNDER THIS AGREEMENT FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY USD ($50.00 USD).
You agree to hold harmless and indemnify XFINITY Home, and its subsidiaries, affiliates, officers, directors, agents, independent contractors and employees, or partners, (each, an “XFINITY Home Indemnified Party”) from and against any claims, losses, liabilities, damages (actual and consequential), suits, taxes, judgments handed down in any jurisdiction, expenses and costs, including without limitation, attorneys’ fees and court costs (“Losses”) arising from or in any way related to:
1. your breach of any certification, covenant, obligation, representation or warranty in this Agreement;
2. any claims that your Client or service, or the distribution, sale, offer for sale, use or importation of your Client or service (whether alone or as a part of a combination), violate or infringe any third-party intellectual property, proprietary, or privacy rights;
3. XFINITY Home’s permitted use, promotion or delivery of your Client or service;
4. any claims, including but not limited to any end-user claims, regarding your Client or service; or
5. your use of the XFINITY Home API and other XFINITY Home Developer Materials.
You acknowledge that the XFINITY Home API and other XFINITY Home Developer Materials are not intended for use in the development of products or services in which errors or inaccuracies in the content, functionality, services, data or information provided by any of the foregoing or the failure of any of the foregoing, could lead to death, personal injury, or severe physical or environmental damage, and, to the extent permitted by law, you will indemnify, defend and hold harmless each XFINITY Home Indemnified Party from any Losses incurred by reason of any such use. You will not enter into any settlement or like agreement with a third party that affects XFINITY Home’s rights or binds XFINITY Home in any way, without the prior written consent of XFINITY Home.
10. Other Legal Terms and Conditions
Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. In accordance with the DMCA and other applicable laws, we reserves the right to terminate any account used to infringe third party copyright or other intellectual property rights, including repeat infringers, or who we, in our sole discretion, believes is infringing these rights.
B. Independent Development and Non-Exclusivity.
You acknowledge that XFINITY Home works with many hardware providers, content providers, syndication partners, e-commerce partners, and application and software developers and some of their products or services may be similar to or compete with those provided by you. Additionally, XFINITY Home may be independently developing its own similar or competing hardware, software, websites, mobile applications, or other services, or may decide to do so in the future. Nothing in this Agreement prohibits XFINITY Home from performing any of these activities. Nothing in this Agreement will impair the right of XFINITY Home to develop, make, use, procure, protect, and/or market products or services now or in the future which may be competitive with those offered by you, nor require XFINITY Home disclosure any planning or other information to you.
C. General Legal Terms.
These Terms control the relationship between XFINITY Home, and its subsidiaries and affiliates, and you. They do not create any third party beneficiary rights. No waiver of any term of these Terms constitutes a further or continuing waiver of such term or any other term, and XFINITY Home’s failure to assert any right or provision under these Terms do not constitute a waiver of such right or provision. You may not assign these Terms, in whole or in part, without our prior written consent. XFINITY Home may assign these Terms without restriction. Any assignment in violation of this section is null and void. These Terms, together with any amendments, side letters and any additional agreements you may enter into with XFINITY Home in connection with the XFINITY Home Developer Materials, constitute the entire agreement between you and XFINITY Home concerning the XFINITY Home Developer Materials. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect. The laws of Pennsylvania, U.S.A., excluding Pennsylvania's choice of law rules, will apply to any disputes arising out of or related to these terms or the services. IF YOU ARE ENTERING INTO THESE TERMS ON BEHALF OF AN ENTITY WHOSE PRINCIPAL PLACE OF BUSINESS IS LOCATED IN THE UNITED STATES OR YOU ARE ENTERING INTO THESE TERMS AS AN INDIVIDUAL AND YOU RESIDE IN THE UNITED STATES OF AMERICA, YOU EXPRESSLY AGREE THAT ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF PHILADELPHIA COUNTY, PENNSYLVANIA, USA, AND YOU AND XFINITY HOME CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS.
If you are entering into these Terms on behalf of an entity whose principal place of business is located outside of the United States or you are entering into these Terms as an individual and you reside in any jurisdiction other than the United States of America, any dispute, controversy or claim arising out of or related to these Terms, or the interpretation, performance or enforcement of these Terms will be referred to and be finally settled in accordance with the Rules of Arbitration of the International Chamber of Commerce (the “ICC Rules”), without recourse to the ordinary courts of law. The arbitral panel will determine the rights and obligations of the parties in accordance with the substantive laws of the State of Pennsylvania, USA without regard to any conflicts of law principles. Any procedural issues not resolved by these Terms or the ICC Rules will be governed by the laws of the United States. The seat, or legal place, of arbitration will be in Philadelphia, Pennsylvania (United States). The language to be used in the arbitral proceedings will be English. Judgment on an award may be entered by any court of competent jurisdiction. No arbitration proceeding will include class action arbitration. Notwithstanding anything to the contrary stated herein, nothing in these Terms restricts either party’s right to seek or obtain temporary or permanent injunctive relief in any court of competent jurisdiction.