Roku Products Terms of Use

Roku · agreement dated October 17, 2020 · Official agreement

32 cards.

Roku Products Terms of Use

Your use of Roku TVs and Roku Smart Home Devices are governed by the following terms:

Roku TV Terms of Use

Roku Smart Home Devices End User Agreement

These terms govern your use of all other Roku products (devices and the software installed or accompanying the product), which is operated by Roku Inc. and/or its subsidiaries and affiliates. By using or activating a Roku product, by linking your Roku account to a Roku device, or by pairing your device with other Roku products that are linked your Roku account, you are accepting these terms. If you do not agree with these terms, you do not have the right to use Roku products.

In accepting these terms, you are also agreeing that: (1) any disputes between us will be settled by binding arbitration (meaning we both give up the right to go to court), and (2) the software installed on your Roku devices may be automatically updated.

Certain product features, functionality, and content may be subject to additional terms, which will be provided to you at the time those services are offered. We reserve the right (at any time) to modify, suspend, or remove certain features, functionality, or content from the Roku device.

Using Roku Products To access content, such as The Roku Channel, and the features and functionality of your Roku device, you will need to create a Roku Account. Access to The Roku Channel (where available) is subject to The Roku Channel Terms of Use. Our Privacy Policy provides information on how we collect, use and disclose information from our users and the use of our products.

Roku products are intended for personal, non-commercial use only. Your Roku device may only be used in the country where the product was sold (or as specified on Roku’s website). The software may only be used with the device in which it was installed. Some software is subject to separate license terms and the right to access and use of that software is governed by the terms of the separately licensed code. If you violate these terms, we have the right to suspend or terminate your right to access your account and/or use your Roku products. You may not:

Restrictions Copying or redistribution of certain content is strictly prohibited, and digital rights management or other technologies may be used to prevent or restrict any copying or re-distributing of any content, which you agree not to try to circumvent or avoid. Certain content is only available in those countries where the device has been authorized to be sold. If you attempt to access content outside of these countries, the rights granted under these terms will not apply. Some content providers may use technologies to determine or verify your location, and you may not be able to use your Roku product to access content outside of its designated country. You are responsible for complying with any import and/or export laws that apply to your use of your Roku products.

Software Updates From time to time, the software installed on your Roku device will require an update or a content provider may update their software application that you use to access their content (their channel app) on your Roku device. Updates include things like bug fixes, improvements to the user interface or how you access content, for security purposes, and other changes that may add, change, or remove certain features and functionality. These updates happen automatically via the internet (data charges may apply) and are often completed in the background, which should not interfere with your use, however, some Roku software updates may require you to restart your device. Updates are necessary to maintain the operation and functionality of your Roku product and/or compatibility with content providers and their services and cannot be disabled by you.

Voice Services If your product supports voice commands (depending on your country of residence), you can use your voice to control your Roku device (to search for content, switch inputs, launch channels, and much more) via (1) the Roku mobile app or (2) a compatible voice-enabled Roku remote. When using the voice features, you are authorizing us (and our service providers who help provide these services) to record, process, and store your verbal inputs (a recording and/or readout of what was said) along with information about your Roku device in order to provide these services to you. Go to support to learn more.

Roku’s Proprietary Rights Roku software is proprietary to Roku (and/or its licensors) and protected by copyright, trademark, and other laws of the United States and other countries. Any rights not expressly granted to you in these terms are reserved by Roku (or its applicable licensors). You may not remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying your Roku product or from any content provided via the Roku product.

Disclaimers Except for the limited product warranty accompanying the device, Roku products and services are 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 by the product 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 product.

Limitation of Liability WHEN PERMITTED BY LAW, WE WILL NOT BE RESPONSIBLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. 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 THIS PRODUCT. IN ALL CASES, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

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

Arbitration of Disputes 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).

Governing Law, Jurisdiction and Venue 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. 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.

General 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. Each paragraph is intended to operate separately. 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. 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. 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. 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.

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

Effective: October 17, 2020