Roku Website Terms of Use

Roku · agreement dated October 17, 2020 · Official agreement

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25 of 44 cards in Legal Rights & Agreement Rules

Legal Rights & Agreement Rules · Context

These terms govern access to and use of the Roku website; using the site means accepting them

Roku Inc. and/or its subsidiaries and affiliates operate the Roku website and any associated sites of Roku, and these terms govern your access and use of them. The document states that by accessing or using the Roku website — and the content, products and services available on the site — you are accepting these terms, and that if you do not agree with them you do not have the right to access or use the Roku website. Acceptance is therefore tied to use rather than to a separate signature or click.

Details
Who
Roku Inc. and/or its subsidiaries and affiliates
What it covers
the Roku website and any associated sites of Roku, and the content, products and services available on the site
Condition
by accessing or using the Roku website and the content, products and services available on it
Exception
if you do not agree with these terms, you do not have the right to access or use the Roku website

Supporting quotations

Roku Website Terms of Use
These terms govern your access and use of the Roku website and any associated sites of Roku, which are operated by Roku Inc. and/or its subsidiaries and affiliates. By accessing or using the Roku website, as well as the content, products, and services available on the site, you are accepting these terms. If you do not agree with these terms, you do not have the right to access or use the Roku website.

Qualifications & exceptions

  • The governed objects are the Roku website and any associated sites of Roku, together with the content, products and services available on the site.
  • The operator is named as Roku Inc. and/or its subsidiaries and affiliates, without listing which entities.
  • Acceptance arises from accessing or using the site, not only from agreeing expressly.

Not stated here

  • The document does not name the subsidiaries or affiliates whose sites count as associated sites.

Cross-references

Legal Rights & Agreement Rules · Restriction or exception

Certain features, functionality and content may have additional terms given when they are offered

Roku states that certain features, functionality and content may be subject to additional terms, and that those additional terms will be provided to you at the time those services are offered. This document therefore does not itself contain every term that can apply to use of the website; additional terms can attach to particular services and are supplied later, when those services are offered.

Details
What it covers
certain features, functionality and content
What it does
may be subject to additional terms
When
the additional terms will be provided at the time those services are offered

Supporting quotations

Certain features, functionality, and content may be subject to additional terms, which will be provided to you at the time those services are offered.

Qualifications & exceptions

  • Only certain features, functionality and content are described this way, not every part of the website.
  • The additional terms are to be provided at the time those services are offered, not necessarily in advance.

Not stated here

  • This document does not identify which features, functionality or content carry additional terms, and does not include the text of any additional terms.
Also annotated in the same passage (1)

Legal Rights & Agreement Rules · Company practice

Roku may modify, suspend or remove website features, functionality or content at any time

Roku reserves the right, at any time, to modify, suspend or remove certain features, functionality or content from the Roku website. The availability described elsewhere in the document is therefore subject to this reserved right to change or withdraw it.

Details
Who
Roku
What it does
modify, suspend or remove
What it covers
certain features, functionality or content from the Roku website
When
at any time

Supporting quotations

We reserve the right (at any time) to modify, suspend, or remove certain features, functionality, or content from the Roku website.

Qualifications & exceptions

  • The reserved right is exercisable at any time.
  • It covers modifying, suspending or removing certain features, functionality or content from the Roku website.
  • No advance notice period is stated for exercising it.
Also annotated in the same passage (1)

Legal Rights & Agreement Rules · Company practice

You are responsible for Roku's losses from a breach, and Roku may investigate and prosecute violations

You are responsible for any loss or damage Roku suffers because of your breach of the restrictions set out above. Roku also reserves the right to investigate and prosecute violations of any of them and/or to involve and cooperate with law enforcement authorities in their investigation.

Details
Who
you
What it covers
any loss or damage Roku suffers from your breach
Condition
because of your breach of any of the above restrictions

Supporting quotations

You are responsible for any loss or damage Roku suffers because of your breach of any of the above restrictions. We reserve the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in their investigation.

Qualifications & exceptions

  • Responsibility covers any loss or damage Roku suffers from a breach of those listed restrictions.
  • Investigation, prosecution and cooperation with law enforcement are described as a reserved right rather than a stated obligation.
Also annotated in the same passage (2)

Legal Rights & Agreement Rules · Restriction or exception

Roku does not guarantee user-provided community content and disclaims responsibility for it

Roku does not guarantee the accuracy, integrity or quality of any user-provided content in the community and states it will not be responsible or liable for any user-provided content.

Details
Who
Roku
What it covers
accuracy, integrity or quality of any user-provided content, and responsibility or liability for it

Supporting quotations

We do not guarantee the accuracy, integrity, or quality of any user-provided content and will not be responsible or liable for any user-provided content.

Qualifications & exceptions

  • The disclaimer covers accuracy, integrity and quality.
  • It applies to any user-provided content, without distinguishing community areas.
Also annotated in the same passage (1)

Legal Rights & Agreement Rules · Restriction or exception

Access to The Roku Channel is governed by its own separate terms of use

Where The Roku Channel is available, access to it is subject to The Roku Channel Terms of Use, a separate document that this document links to rather than containing.

Details
What it covers
access to The Roku Channel (where available)
Condition
subject to The Roku Channel Terms of Use

Supporting quotations

Access to The Roku Channel (where available) is subject to The Roku Channel Terms of Use.

Qualifications & exceptions

  • The condition applies to The Roku Channel where it is available.
  • The governing terms are the linked The Roku Channel Terms of Use, not these website terms.

Not stated here

  • The text of The Roku Channel Terms of Use is not supplied in this document, so what it requires is not established here.

Legal Rights & Agreement Rules · Restriction or exception

Rights under these terms do not apply to content accessed outside the countries where it is offered

Some content is only available in certain countries. If you try to access that content outside those countries, the rights granted under these terms will not apply.

Details
Where
certain countries
Exception
rights granted under these terms will not apply when accessing content outside those countries

Supporting quotations

Certain content is only available in certain countries. If you attempt to access content outside of these countries, the rights granted under these terms will not apply.

Qualifications & exceptions

  • Availability varies by country for certain content.
  • The consequence of accessing outside the listed countries is that the rights granted under these terms will not apply, rather than a stated separate penalty.

Not stated here

  • This document does not list which content is available in which countries.
Also annotated in the same passage (3)

Legal Rights & Agreement Rules · Restriction or exception

Use of a Roku product is governed by that product's own terms of use

After the purchase provisions, the document states that your use of a Roku product is subject to its terms of use. Buying through the website therefore does not settle the terms on which the product itself may be used; those come with the product.

Details
What it covers
your use of a Roku product
Condition
subject to its terms of use

Supporting quotations

Your use of a Roku product is subject to its terms of use.

Qualifications & exceptions

  • The condition attaches to use of a Roku product, as distinct from use of the website.

Not stated here

  • The product terms of use are not included in this document, so what they require is not established here.
Also annotated in the same passage (1)

Legal Rights & Agreement Rules · Restriction or exception

Company information on the website may be inaccurate or out of date and is used at your own risk

The Roku website may contain information about Roku such as press releases, industry news or corporate financial information. Roku states that some of this information may not be entirely accurate, complete, reliable or up to date, and that using it is at your own risk.

Details
What it covers
company information such as press releases, industry news or corporate financial information
Exception
use of such information is at your own risk

Supporting quotations

The Roku website may contain information about Roku, such as press releases, industry news, or corporate financial information. Some of this information may not be entirely accurate, complete, reliable, or up-to-date, and use of such information is at your own risk.

Qualifications & exceptions

  • The caution is stated for some of that information, not necessarily all of it.
  • The examples given are press releases, industry news and corporate financial information.
  • The stated consequence is that use of such information is at your own risk.
Also annotated in the same passage (1)

Legal Rights & Agreement Rules · Restriction or exception

Third-party offers and links are not endorsed and Roku disclaims responsibility for them

The website may contain offers, promotions and/or links to products and services provided by others that are not affiliated with Roku. Roku states it does not make or imply any endorsement or recommendation of those products or services; they are subject to their own terms and policies, including data privacy and data gathering practices, and any charges or obligations you incur in dealing with them are your responsibility and at your own risk. Roku states it is not responsible or liable for those interactions or for the products or services they provide to you.

Details
What it covers
offers, promotions and links to products and services provided by others not affiliated with Roku
Who
you, for charges or obligations incurred in your dealings with them

Supporting quotations

The Roku website may also contain offers, promotions, and/or links to products and services provided by others (who are not affiliated with Roku). We do not make (or imply) any endorsement or recommendation of these products or services, which are subject to their own terms and policies (including data privacy and data gathering practices), and any charges or obligations you incur in your dealings with them, which are your responsibility and done at your own risk (Roku is not responsible or liable for those interactions or the products or services they provide to you).

Qualifications & exceptions

  • The disclaimer covers offers, promotions and links to products and services provided by others who are not affiliated with Roku.
  • Those offerings are subject to their own terms and policies, expressly including data privacy and data gathering practices.
  • Charges or obligations you incur are your responsibility and at your own risk.

Not stated here

  • No third-party provider is named, and this document does not supply any third-party terms or privacy practices.
Also annotated in the same passage (1)

Legal Rights & Agreement Rules · Restriction or exception

The website and its services are provided as is, with warranties disclaimed where the law allows

The Roku website is provided “AS IS” and on an “AS AVAILABLE” basis, and to the maximum extent permitted by applicable law Roku disclaims any warranties of merchantability, fitness for a particular purpose or non-infringement, and any warranties arising out of course of dealing or usage of trade. Roku also makes no warranty that the services provided through the website will meet your requirements or be available on an uninterrupted, secure or error-free basis, and no warranty regarding the quality of any information or content provided through the website. The document adds that some jurisdictions do not allow the exclusion of certain warranties, so these exclusions may not apply to you.

Details
What it covers
the Roku website and the services, information and content provided through it
Exception
to the maximum extent permitted by applicable law
Where
some jurisdictions do not allow the exclusion of certain warranties

Supporting quotations

The Roku website is provided “AS IS” and on an “AS AVAILABLE” basis and to the maximum extent permitted by applicable law, WE DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the services provided through the Roku website will meet your requirements or will be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality of any information or content provided through the Roku website.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the exclusions and limitations above may not apply to you.

Qualifications & exceptions

  • The disclaimer operates to the maximum extent permitted by applicable law, not without limit.
  • It names merchantability, fitness for a particular purpose and non-infringement, and also warranties arising from course of dealing or usage of trade.
  • Three specific no-warranty statements cover meeting your requirements, uninterrupted secure error-free availability, and the quality of information or content.
  • In jurisdictions that do not allow the exclusion of certain warranties, the exclusions may not apply to you.

Not stated here

  • This document does not identify which jurisdictions restrict these exclusions.

Cross-references

  • has exception (model-proposed): Some jurisdictions do not allow these warranty and liability exclusions — The jurisdiction clause is the document's own carve-out from the warranty disclaimers: where a jurisdiction does not allow excluding certain warranties, those exclusions may not apply to you. The disclaimer card therefore cannot be read as applying everywhere.
Also annotated in the same passage (1)

Legal Rights & Agreement Rules · Restriction or exception

Indirect and punitive damages are excluded where the law permits

When permitted by law, Roku states it will not be responsible for any indirect, special, consequential, exemplary or punitive damages. The exclusion is limited by law and does not reach every jurisdiction for every damage type.

Details
What it covers
indirect, special, consequential, exemplary or punitive damages
Condition
when permitted by law

Supporting quotations

WHEN PERMITTED BY LAW, WE WILL NOT BE RESPONSIBLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the exclusions and limitations above may not apply to you.

Qualifications & exceptions

  • The exclusion applies when permitted by law.
  • It covers indirect, special, consequential, exemplary and punitive damages.
  • In jurisdictions that do not allow exclusion or limitation of liability for consequential or incidental damages, it may not apply to you.

Cross-references

Also annotated in the same passage (1)

Legal Rights & Agreement Rules · Restriction or exception

Total liability is capped at the price paid for website purchases or 50 US dollars, whichever is more

To the extent permitted by law, Roku's total liability from all causes of action and under all theories of liability, including implied warranties, is limited to the purchase price you paid for Roku products purchased via the Roku website or 50 US dollars, whichever is more. In all cases Roku states it will not be liable for loss or damage that is not reasonably foreseeable.

Details
What it covers
total liability from all causes of action and under all theories of liability
Exception
limited to the purchase price paid for Roku products purchased via the Roku website or $50 USD, whichever is more

Supporting quotations

TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE PURCHASE PRICE (THAT YOU PAID) FOR ANY ROKU PRODUCTS PURCHASED VIA THE ROKU WEBSITE OR $50 USD (WHICHEVER IS MORE). IN ALL CASES, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

Qualifications & exceptions

  • The cap applies to the extent permitted by law.
  • The cap is the greater of two amounts: the purchase price you paid for Roku products purchased via the Roku website, or 50 US dollars.
  • The purchase-price measure is limited to Roku products purchased via the Roku website, so use of the website without such a purchase falls to the 50 US dollars amount.
  • Liability for loss or damage that is not reasonably foreseeable is excluded in all cases.

Cross-references

Legal Rights & Agreement Rules · Restriction or exception

Some jurisdictions do not allow these warranty and liability exclusions

The document states that some jurisdictions do not allow the exclusion of certain warranties, or the exclusion or limitation of liability for consequential or incidental damages, and that because of this the exclusions and limitations set out above may not apply to you.

Details
Where
some jurisdictions
Exception
the exclusions and limitations above may not apply to you

Supporting quotations

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the exclusions and limitations above may not apply to you.

Qualifications & exceptions

  • The qualification is framed by jurisdiction rather than by user choice.
  • It covers both warranty exclusions and exclusions or limitations of liability for consequential or incidental damages.
  • Its effect is that the exclusions and limitations may not apply, not that they are void everywhere.

Not stated here

  • This document does not name the jurisdictions concerned.

Cross-references

Legal Rights & Agreement Rules · Restriction or exception

Claims must be arbitrated individually, subject to opt-outs set out elsewhere

All claims arising out of or relating to your Roku account or any Roku product or service are to be resolved exclusively through arbitration, according to the linked Dispute Resolution Terms, unless you opted out or another exception applies. Both sides agree that claims may only be conducted on an individual basis and not in a class, consolidated or representative action.

Details
What it covers
all claims arising out of or relating to your Roku account or any Roku product or service
Exception
unless you opted out or another exception applies
Condition
only on an individual basis, not in a class, consolidated or representative action

Supporting quotations

All claims arising out of or relating to your Roku account or any Roku product or service will be resolved exclusively through arbitration, according to these Dispute Resolution Terms, unless you opted out or another exception applies.
We both agree that all claims may only be conducted on an individual basis (and not in a class, consolidated, or representative action).

Qualifications & exceptions

  • The arbitration requirement covers claims arising out of or relating to your Roku account or any Roku product or service, not only disputes about these website terms.
  • It is subject to an opt-out or another exception, without those exceptions being listed here.
  • Claims may proceed only on an individual basis, excluding class, consolidated and representative actions.
  • The procedure itself is in the linked Dispute Resolution Terms, not in this document.

Not stated here

  • The Dispute Resolution Terms text is not supplied here, so how arbitration is initiated, who pays and what the opt-out route requires is not established by this document.

Cross-references

  • contrast (model-proposed): If a claim reaches court, venue is federal or state court in Northern California — The two provisions pull in opposite directions and coexist only because of their wording: claims are to be resolved exclusively through arbitration, yet the document also names exclusive court jurisdiction and venue for the case where a claim proceeds in court rather than arbitration. Neither card is stated to override the other, and the conditions for a claim reaching court are not set out here.

Legal Rights & Agreement Rules · Context

These terms are governed by Delaware law regardless of conflict-of-laws rules

These terms are governed by the laws of the State of Delaware, without regard to any conflict of laws principles that might otherwise apply the law of another jurisdiction.

Details
Where
State of Delaware
What it covers
these terms

Supporting quotations

These terms are governed by the laws of the State of Delaware, without regard to any conflict of laws principles that may provide the application of the law of another jurisdiction.

Qualifications & exceptions

  • The chosen law is that of the State of Delaware.
  • Conflict-of-laws principles that would point to another jurisdiction's law are excluded.
Also annotated in the same passage (1)

Legal Rights & Agreement Rules · Restriction or exception

If a claim reaches court, venue is federal or state court in Northern California

If for any reason a claim proceeds in court rather than in arbitration, both sides agree that the exclusive jurisdiction and venue for any legal proceeding is either the federal court of the Northern District of California or state court in Santa Clara County, California.

Details
Where
federal court of the Northern District of California or state court in Santa Clara County, California
Condition
if a claim proceeds in court rather than in arbitration

Supporting quotations

If, for any reason, a claim proceeds in court rather than in arbitration, we both agree that the exclusive jurisdiction and venue for any legal proceeding is either federal court of the Northern District of California or state court in Santa Clara County, California.

Qualifications & exceptions

  • The venue agreement applies only when a claim proceeds in court instead of arbitration.
  • Jurisdiction and venue are stated to be exclusive.
  • The two named forums are federal court for the Northern District of California and state court in Santa Clara County, California.

Cross-references

  • contrast (model-proposed): Claims must be arbitrated individually, subject to opt-outs set out elsewhere — The two provisions pull in opposite directions and coexist only because of their wording: claims are to be resolved exclusively through arbitration, yet the document also names exclusive court jurisdiction and venue for the case where a claim proceeds in court rather than arbitration. Neither card is stated to override the other, and the conditions for a claim reaching court are not set out here.
Also annotated in the same passage (1)

Legal Rights & Agreement Rules · Restriction or exception

Only you and Roku are party to these terms, and your rights cannot be transferred

These terms are stated to be between you and Roku, and no other person has any right to enforce them on your behalf. Your rights under them are not transferable.

Details
Who
you and Roku
Exception
no other person may enforce these terms on your behalf, and your rights are not transferable

Supporting quotations

These terms are between you and Roku and no other person has any right to enforce these terms on your behalf. Your rights are not transferable.

Qualifications & exceptions

  • The limitation is on enforcement by another person on your behalf.
  • Transferability is denied for your rights; nothing here addresses transfer by Roku.
Also annotated in the same passage (5)

Legal Rights & Agreement Rules · Context

Each paragraph of these terms is intended to operate separately

The document states that each paragraph is intended to operate separately, so the paragraphs are presented as individually operative rather than interdependent.

Details
What it covers
each paragraph of these terms

Supporting quotations

Each paragraph is intended to operate separately.

Qualifications & exceptions

  • The statement is one of intent about separate operation, not a list of which paragraphs stand alone.
Also annotated in the same passage (5)

Legal Rights & Agreement Rules · Restriction or exception

Invalid terms are enforced as far as permissible and the rest stay in force

If any court or relevant authority decides that any of these terms are invalid or unenforceable, those terms will be enforced to the maximum extent permissible and the remaining terms will remain in full force and effect.

Details
Condition
if any court or relevant authority determines any terms are invalid or unenforceable
Exception
those terms enforced to the maximum extent permissible; the rest remain in full force and effect

Supporting quotations

If any court or relevant authority determines that any terms are invalid or unenforceable, those terms will be enforced to the maximum extent permissible and the remaining terms will remain in full force and effect.

Qualifications & exceptions

  • The trigger is a determination by any court or relevant authority, not only by a court.
  • An affected term is not dropped but enforced to the maximum extent permissible.
  • The remaining terms are stated to stay in full force and effect.
Also annotated in the same passage (5)

Legal Rights & Agreement Rules · Restriction or exception

Delay or inaction by Roku does not waive its rights under these terms

If Roku delays or chooses not to enforce these terms, that does not mean it has waived its rights or that you do not have to comply with them.

Details
Who
we (Roku)
Exception
delay or choosing not to enforce is not a waiver and does not remove your compliance obligation

Supporting quotations

If we delay or chose not to enforce these terms, that will not mean that we have waived our rights or that you do not have to comply with these terms.

Qualifications & exceptions

  • The provision covers both delaying enforcement and choosing not to enforce at all.
  • It preserves Roku's rights while leaving your compliance obligation unchanged.
Also annotated in the same passage (5)

Legal Rights & Agreement Rules · Company practice

Roku may amend these terms, posting material changes and possibly notifying you as well

These terms may be amended by Roku from time to time. If Roku makes material changes, it will post the revised terms on its website and may also notify you through your Roku product or your Roku account.

Details
Who
us (Roku)
What it does
amend these terms from time to time, posting material changes and possibly notifying you
When
from time to time; material changes are posted when made

Supporting quotations

These terms may be amended by us from time to time. If we make material changes to these terms, we will post the revised terms on our website and may also notify you through your Roku product or your Roku account.

Qualifications & exceptions

  • Amendment is at Roku's discretion and may happen from time to time.
  • Posting the revised terms on the website is stated for material changes.
  • Notification through your Roku product or Roku account is optional (may), and no notice period is given.
  • No distinction is drawn here between what does and does not count as a material change.

Not stated here

  • This document does not say how far in advance changes are posted or notified, and does not supply any later version of these terms.
Also annotated in the same passage (5)

Legal Rights & Agreement Rules · Restriction or exception

Continued use after changes take effect counts as accepting the revised terms

Your use of the Roku website after changes to these terms go into effect will constitute your acceptance of those changes. If you do not agree to the new terms, you may not be able to continue using your product with your Roku account.

Details
Condition
your use after the changes go into effect
What it does
constitutes acceptance of those changes
Exception
if you do not agree, you may not be able to continue using your product with your Roku account

Supporting quotations

Your use after the changes go into effect will constitute your acceptance of those changes. If you do not agree to the new terms, you may not be able to continue using your product with your Roku account.

Qualifications & exceptions

  • Acceptance arises from use after the changes go into effect, so it is not limited to expressly agreeing to a revised version.
  • The stated consequence of disagreement is possible loss of continued use of your product with your Roku account, rather than a stated right to terminate or to keep using older terms.

Not stated here

  • This document does not describe any way to reject amended terms while keeping access, and does not supply any later version.

Cross-references

Also annotated in the same passage (5)

Legal Rights & Agreement Rules · Procedure

Questions about these terms go through Roku's published contact page

If you have any questions about these terms, the document directs you to contact Roku through its contact page. It does not specify any other route, response time or named address.

Details
What it does
contact us through the linked contact page
Condition
if you have any questions about these terms

Supporting quotations

If you have any questions about these terms, you can contact us.

Qualifications & exceptions

  • The route is stated for questions about these terms.
  • It is the linked contact page, whose contents this document does not supply.

Not stated here

  • The linked contact page is not supplied here, so the available contact channels (for example email, form or postal address) are not established by this document.

Legal Rights & Agreement Rules · Context

These terms state an effective date of October 17, 2020

The document states that it is effective October 17, 2020. No other version, amendment date or superseded-version information is given in the text.

Details
When
effective October 17, 2020

Supporting quotations

Effective: October 17, 2020

Qualifications & exceptions

  • The date is presented as the effective date of the whole document.

Not stated here

  • Whether these terms have since been amended under the amendment provision cannot be established from this document alone.