Roku Products Terms of Use

Roku · agreement dated October 17, 2020 · Official agreement

Read the agreement

32 of 32 cards

Legal Rights & Agreement Rules · Context

Roku TVs and Smart Home devices are governed by separate agreements

Before stating its own scope, the document routes two product families elsewhere: it says use of Roku TVs and Roku Smart Home Devices is governed by the terms listed beneath that sentence, naming the Roku TV Terms of Use and the Roku Smart Home Devices End User Agreement. Only links are supplied, so nothing those two agreements say can be asserted from this source.

Details
What it does
use governed by the following terms
What it covers
Roku TVs and Roku Smart Home Devices
Exception
routed to the Roku TV Terms of Use instead of this document
Exception
routed to the Roku Smart Home Devices End User Agreement instead of this document

Supporting quotations

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

Qualifications & exceptions

  • The routing applies to Roku TVs and Roku Smart Home Devices as named product families; the rest of the document governs all other Roku products.
  • Both agreements are named by link only, so their provisions are outside this source.

Not stated here

  • The text of the Roku TV Terms of Use and of the Roku Smart Home Devices End User Agreement is not supplied with this document.

Cross-references

Legal Rights & Agreement Rules · Permission or license

Acceptance happens by using, activating or linking a Roku product

For every Roku product that the carve-out does not cover, this document governs the device together with the software installed on or accompanying it, operated by Roku Inc. and/or its subsidiaries and affiliates. Acceptance is by conduct rather than signature: using or activating a product, linking a Roku account to a device, or pairing a device with other products already linked to that account each counts as accepting. The document then states the consequence of disagreement directly - no right to use Roku products - leaving non-use as the only stated alternative.

Details
What it covers
all other Roku products (devices and the software installed or accompanying the product)
Who
Roku Inc. and/or its subsidiaries and affiliates
Condition
acceptance by using, activating, account-linking or pairing
Exception
disagreement leaves no stated right to use the products

Supporting quotations

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.

Qualifications & exceptions

  • Any one of four listed acts triggers acceptance: using, activating, linking an account to a device, or pairing with other linked products.
  • The governed object is the device and the software installed on or accompanying it, not the software alone.
  • The operator is stated as Roku Inc. and/or its subsidiaries and affiliates, so more than one entity may be acting.

Cross-references

  • has exception (model-proposed): Roku TVs and Smart Home devices are governed by separate agreements — The opening carve-out removes Roku TVs and Smart Home devices from the class covered by 'all other Roku products', so the scope card is read subject to that exclusion.
  • has exception (model-proposed): Outside authorized countries the granted rights stop applying — The rights granted under these terms are withdrawn for content access attempted outside the countries where the device was authorized to be sold, narrowing the grant in the scope card.
  • contrast (model-proposed): Roku can amend the terms and continued use counts as acceptance — Both paragraphs treat continued use as acceptance, but they state the consequence of disagreement differently: initial acceptance leaves 'no right to use Roku products', while refusing amended terms is hedged as 'you may not be able to continue using your product with your Roku account'. The contrast is preserved rather than harmonised.

Legal Rights & Agreement Rules · Restriction or exception

Accepting also means arbitration instead of court and automatic software updates

Acceptance bundles two consequences the document flags up front: disputes between the parties will be settled by binding arbitration, glossed as both sides giving up the right to go to court, and the software on Roku devices may be updated automatically. The arbitration sentence is only a summary here; the document later points to separate Dispute Resolution Terms and refers to an opt-out and other exceptions whose content is not part of this source.

Details
Condition
In accepting these terms, you are also agreeing that
Why
settled by binding arbitration
Exception
meaning we both give up the right to go to court
What it does
the software installed on your Roku devices may be automatically updated

Supporting quotations

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

Qualifications & exceptions

  • The arbitration statement is presented as part of accepting these terms, not as a standalone clause with its own procedure.
  • Automatic updating is expressed as what may happen to the software; the updates section later says updates cannot be disabled by the user.
  • The arbitration summary is qualified elsewhere by referenced Dispute Resolution Terms, an opt-out and unnamed exceptions.

Not stated here

  • The Dispute Resolution Terms, the opt-out procedure and the 'another exception' categories are referenced but not supplied here.

Cross-references

Legal Rights & Agreement Rules · Company practice

Features may carry extra terms and Roku may modify or remove them at any time

Two distinct statements share this paragraph. Features, functionality and content 'may' be subject to additional terms, which are promised at the time those services are offered rather than listed in the document. Separately, Roku reserves the right at any time to modify, suspend or remove features, functionality or content from the device, without stating notice, reason or compensation.

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

Supporting quotations

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.

Qualifications & exceptions

  • Additional terms are only promised for the future ('will be provided to you at the time those services are offered'); none are attached here.
  • The reserved right covers modify, suspend and remove, and is expressly exercisable at any time.
  • The reservation is directed at the Roku device.
  • No notice period, reason or remedy is stated for a change.

Not stated here

  • No additional terms for any specific feature are supplied in this source.

Account & Service Control · Restriction or exception

A Roku account is needed for content and for device features

Reaching content such as The Roku Channel, and using the features and functionality of the device itself, requires creating a Roku account. The document therefore does not describe anonymous use of a Roku device; account creation is the entry condition for both content and features.

Details
What it covers
To access content
Condition
you will need to create a Roku Account
What it covers
features and functionality of your Roku device

Supporting quotations

To access content
features and functionality of your Roku device, you will need to create a

Qualifications & exceptions

  • The requirement covers the device's own features and functionality as well as content.

Not stated here

  • Terms governing the account itself are not in this source; only the signup requirement and its link are stated.
Also annotated in the same passage (1)

Legal Rights & Agreement Rules · Context

The Roku Channel terms and the Privacy Policy are linked, not included

Outside policies are incorporated by reference only. Access to The Roku Channel is described as available 'where available' and subject to its own Terms of Use, and Roku says its Privacy Policy is the document that provides information on how it collects, uses and discloses information from users and about use of its products. Neither policy text is part of this source, so only the fact of incorporation can be asserted here.

Details
What it covers
Access to The Roku Channel (where available)
Condition
is subject to The Roku Channel Terms of Use
Why
provides information on how we collect, use and disclose information from our users

Supporting quotations

Access to The Roku Channel (where available) is subject to
provides information on how we collect, use and disclose information from our users and the use of our products

Qualifications & exceptions

  • The Roku Channel access is conditioned twice: on availability and on its separate Terms of Use.
  • The Privacy Policy is described by its role rather than summarized, and no substantive commitment from it is restated here.

Not stated here

  • The Roku Channel Terms of Use and the Roku Privacy Policy texts are not supplied with this document.
Also annotated in the same passage (1)

Legal Rights & Agreement Rules · Restriction or exception

Use is personal, non-commercial and tied to the country of sale

Three limits are stated together in this paragraph. Roku products are intended for personal, non-commercial use only; the device may only be used in the country where it was sold, with the alternative that Roku's website may specify otherwise; and the software may only be used with the device in which it was installed, binding the software permission to that specific hardware.

Details
What it covers
Roku products
Why
personal, non-commercial use only
Where
Your Roku device may only be used in the country where the product was sold
Exception
or as specified on Roku's website
Condition
The software may only be used with the device in which it was installed

Supporting quotations

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
The software may only be used with the device in which it was installed.

Qualifications & exceptions

  • The country limit has a stated escape: use 'as specified on Roku's website'.
  • The software limit is device-bound rather than country-bound: it is the device it was installed in.
  • 'intended for' frames personal, non-commercial use as the product's purpose, so this sentence states intent rather than defining a permission with a named remedy.
Also annotated in the same passage (2)

Content & IP Rights · Context

Some software is licensed separately from these terms

Part of the software is outside this document's licence: some software is subject to separate license terms, and the right to access and use it is governed by the terms of the separately licensed code list, which the document links rather than reproduces. The carve-out is described without naming any component.

Details
What it covers
Some software
Condition
subject to separate license terms

Supporting quotations

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

Qualifications & exceptions

  • The carve-out covers only software the document calls separately licensed; it does not identify which components or features those are.

Not stated here

  • Which components are separately licensed and what those licences permit is not stated in this source.

Cross-references

Also annotated in the same passage (2)

Account & Service Control · Restriction or exception

Violating the terms allows Roku to suspend or terminate access

The consequence the document attaches to violating these terms is suspension or termination: Roku may suspend or terminate the user's right to access the account and/or to use Roku products. It is framed as a right Roku holds rather than an automatic consequence, and it can be applied to account access, product use, or both.

Details
Condition
If you violate these terms
What it does
we have the right to suspend or terminate
What it covers
your right to access your account and/or use your Roku products

Supporting quotations

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.

Qualifications & exceptions

  • The remedy is discretionary ('we have the right to'), not automatic on breach.
  • 'and/or' means account access and product use can be acted on separately or together.
  • The trigger is violation of these terms, which includes the prohibited acts listed immediately below.

Not stated here

  • No process, notice or reinstatement path is stated for suspension or termination.
Also annotated in the same passage (2)

Content & IP Rights · Restriction or exception

Copying, modifying or distributing the software is prohibited

The first prohibited act covers copying, modifying, adapting, distributing, translating and creating derivative works of the software. Only one escape is stated: whatever the terms governing separately licensed code permit, so an identical act can be allowed for a separately licensed component and prohibited for the rest.

Details
What it does
copy, modify, adapt, distribute, translate, or create derivative works
What it covers
the software
Exception
except as may be permitted by the terms governing any separately licensed code

Supporting quotations

copy, modify, adapt, distribute, translate, or create derivative works of the software (except as may be permitted by the terms governing any separately licensed code);

Qualifications & exceptions

  • The sole exception is permission from the terms governing separately licensed code, not a general user-side allowance.

Cross-references

Content & IP Rights · Restriction or exception

Reverse engineering is barred except for narrow interoperability

Decompiling, disassembling, reverse engineering or otherwise trying to derive the source code of the software is prohibited. The exception is cumulative rather than single: it applies only where applicable law does not allow the prohibition, only where the act is essential to achieve interoperability with other software, only when done for that interoperability, and it forbids disclosing the result or using it to create similar software.

Details
What it does
decompile, disassemble, reverse engineer or otherwise try to derive the source code
Exception
except to the extent such actions cannot be prohibited under applicable law
Condition
only if it is essential to achieve inter-operability with other software
Why
is not disclosed or used to create any similar software

Supporting quotations

decompile, disassemble, reverse engineer or otherwise try to derive the source code of the software (except to the extent such actions cannot be prohibited under applicable law and then, only if it is essential to achieve inter-operability with other software, is done only to achieve such inter-operability, and is not disclosed or used to create any similar software);

Qualifications & exceptions

  • Every limb must hold together: applicable-law permission, essentiality, interoperability-only use and non-disclosure.
  • The exception also bars using any derived result to create any similar software.
  • The prohibition extends to attempting to derive source code by other means, not only the three named techniques.

Content & IP Rights · Restriction or exception

The software cannot be sold or transferred apart from the device

Roku software may not be sold or transferred separately from the device, which keeps distribution tied to the hardware. The document does not address transferring a device together with its installed software, so only separation is covered.

Details
What it does
sell or transfer
What it covers
the Roku software apart from the device

Supporting quotations

sell or transfer the Roku software apart from the device; or

Qualifications & exceptions

  • The bar is on separating software from device, not on transferring the device together with its software.

Security & Safeguards · Restriction or exception

Security mechanisms and access controls may not be bypassed

Users may not disable, bypass, circumvent or interfere with any security mechanism or access control measures. The wording names four kinds of interference and reaches 'any' mechanism, without limiting the prohibition to measures Roku itself operates.

Details
What it does
disable, bypass, circumvent, or interfere with
What it covers
any security mechanism or access control measures

Supporting quotations

disable, bypass, circumvent, or interfere with any security mechanism or access control measures.

Qualifications & exceptions

  • Four distinct acts are prohibited: disable, bypass, circumvent and interfere.
  • 'any security mechanism or access control measures' is unqualified as to who applies them.

Content & IP Rights · Restriction or exception

Content copying is prohibited and DRM may be used to enforce it

Copying or redistributing certain content is described as strictly prohibited, and digital rights management or other technologies may be used to prevent or restrict copying or redistribution - with the user agreeing not to try to circumvent or avoid them. The same paragraph therefore licenses protective technology while binding the user against defeating it.

Details
What it does
Copying or redistribution
What it covers
certain content
Who
we (Roku) using digital rights management or other technologies
Condition
which you agree not to try to circumvent or avoid

Supporting quotations

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.

Qualifications & exceptions

  • 'certain content' narrows the copying prohibition, and the document does not say which content.
  • DRM use is permissive ('may be used'), while the user's undertaking not to circumvent is stated unconditionally.
Also annotated in the same passage (2)

Legal Rights & Agreement Rules · Restriction or exception

Outside authorized countries the granted rights stop applying

Territorial limits run through this paragraph. Certain content is available only in countries where the device was authorized to be sold; if a user attempts to access content outside those countries, the rights granted under these terms will not apply; content providers may use technologies to determine or verify location; and the user may simply be unable to use the product to reach content outside the device's designated country.

Details
Where
those countries where the device has been authorized to be sold
Condition
If you attempt to access content outside of these countries
Exception
the rights granted under these terms will not apply
Who
Some content providers
Why
to determine or verify your location

Supporting quotations

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.

Qualifications & exceptions

  • The reference territory is where the device was authorized to be sold, not the user's location, residence or citizenship.
  • Location checking is attributed to content providers' technologies and may operate as a block rather than as a breach finding.
  • The stated consequence is that the granted rights will not apply, not a penalty or termination.

Cross-references

Also annotated in the same passage (2)

Legal Rights & Agreement Rules · Restriction or exception

Users carry their own import and export compliance burden

Compliance with import and/or export laws applying to use of the Roku products is placed on the user. The document does not identify any specific law, jurisdiction or threshold, so the obligation is stated as a general personal responsibility.

Details
Who
You
What it does
responsible for complying
What it covers
any import and/or export laws that apply to your use of your Roku products

Supporting quotations

You are responsible for complying with any import and/or export laws that apply to your use of your Roku products.

Qualifications & exceptions

  • The responsibility is the user's, and no specific import or export regime is named.

Not stated here

  • Which import or export laws apply to a given user is not specified in this source.
Also annotated in the same passage (2)

Legal Rights & Agreement Rules · Company practice

Software updates are automatic, may need a restart and cannot be disabled

Updates to the software on the device - or to a content provider's channel app - arrive automatically over the internet, often in the background, and may include bug fixes, interface or access improvements, security purposes and changes that add, change or remove features and functionality. Data charges may apply, some updates may require a restart, and the document states updates are necessary for operation, functionality and compatibility with content providers and cannot be disabled by the user.

Details
What it covers
the software installed on your Roku device, or a content provider's channel app
What it does
These updates happen automatically via the internet
Exception
(data charges may apply)
Condition
some Roku software updates may require you to restart your device
Why
Updates are necessary to maintain the operation and functionality of your Roku product and/or compatibility with content providers and their services
Exception
cannot be disabled by you

Supporting quotations

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.

Qualifications & exceptions

  • Delivery is automatic via the internet and data charges may apply to it.
  • Background completion is described as typical rather than guaranteed: 'often completed in the background, which should not interfere with your use'.
  • Some updates may require restarting the device.
  • Updates are stated as necessary to maintain operation, functionality and content-provider compatibility.
  • Updates cannot be disabled by the user, and may add, change or remove features and functionality.

Not stated here

  • No schedule, size limit, rollback path or notice period for updates is stated.

Data Access & Collection · Permission or license

Voice control authorizes recording and storage of what you say

Using voice features authorizes Roku and the service providers that help deliver them to record, process and store verbal inputs - described as a recording and/or a readout of what was said - together with information about the device, in order to provide those services. Availability depends on the product and the country of residence, and the features run through either the Roku mobile app or a compatible voice-enabled remote; retention and deletion details are directed to Roku's support page rather than stated here.

Details
Who
us (and our service providers who help provide these services)
What it does
record, process, and store
What it covers
your verbal inputs (a recording and/or readout of what was said) along with information about your Roku device
Why
in order to provide these services to you
Condition
depending on your country of residence
Condition
via (1) the Roku mobile app or (2) a compatible voice-enabled Roku remote

Supporting quotations

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.
depending on your country of residence
via (1) the Roku mobile app or (2) a compatible voice-enabled Roku remote

Qualifications & exceptions

  • The authorization covers Roku 'and our service providers who help provide these services'.
  • What is stored is described as both a recording and/or a readout, plus device information.
  • The stated purpose is limited to providing these services to the user.
  • Voice support depends on the product and on the user's country of residence.
  • No retention time, deletion route or further sharing rule appears here.

Not stated here

  • How long verbal inputs are kept, whether they can be deleted, and what happens to them beyond the named service providers is not stated in this source.

Content & IP Rights · Restriction or exception

Roku software stays proprietary and its notices must stay intact

Roku states three things about ownership: the software is proprietary to Roku and/or its licensors and protected by copyright, trademark and other laws of the United States and other countries; every right not expressly granted in these terms is reserved to Roku or the applicable licensors; and users may not remove, alter or obscure copyright, trademark, service mark or other proprietary notices. The notice duty reaches notices in or accompanying the product as well as notices coming from content delivered through it.

Details
What it covers
Roku software
Who
Roku (and/or its licensors)
Exception
Any rights not expressly granted to you in these terms are reserved
What it does
You may not remove, alter, or obscure
What it covers
any copyright, trademark, service mark or other proprietary rights notices

Supporting quotations

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.

Qualifications & exceptions

  • Ownership is stated for Roku 'and/or its licensors', so licensors may hold parts of it.
  • Protection is claimed under copyright, trademark and other laws of the United States and other countries.
  • The reservation covers only rights not expressly granted in these terms.
  • The notice prohibition covers removing, altering and obscuring, and extends to content provided via the product.

Legal Rights & Agreement Rules · Restriction or exception

Products and services come AS IS except for the device's limited warranty

Outside one carve-out, Roku disclaims quality promises: apart from the limited product warranty that accompanies the device, products and services are provided 'AS IS' and on an 'AS AVAILABLE' basis, and to the maximum extent permitted by applicable law Roku disclaims merchantability, fitness for a particular purpose, non-infringement and any warranties arising out of course of dealing or usage of trade. The carve-out is narrow and its text is not reproduced here, so nothing about its duration or coverage can be taken from this source.

Details
Exception
Except for the limited product warranty accompanying the device
What it covers
Roku products and services
Condition
to the maximum extent permitted by applicable law
What it does
WE DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT

Supporting quotations

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

Qualifications & exceptions

  • The only stated exception is the limited product warranty accompanying the device.
  • The disclaimer is bounded by 'to the maximum extent permitted by applicable law'.
  • Four warranty types are disclaimed outright rather than limited: merchantability, fitness for a particular purpose, non-infringement, and course of dealing or usage of trade.
  • A following section says these exclusions may not apply in some jurisdictions.

Not stated here

  • The limited product warranty accompanying the device is referenced but its text is not part of this source.

Cross-references

Also annotated in the same passage (1)

Legal Rights & Agreement Rules · Restriction or exception

No promise that the service will meet your needs or run uninterrupted

Roku states it makes no warranty that what the product does will meet the user's requirements or be available on an uninterrupted, secure or error-free basis, and separately makes no warranty about the quality of any information or content delivered through the product. Both statements concern service performance and content quality rather than the device hardware itself, which is left to the warranty carve-out in the same section.

Details
What it covers
the services provided by the product
Condition
on an uninterrupted, secure, or error-free basis
What it covers
the quality of any information or content provided through the product

Supporting quotations

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.

Qualifications & exceptions

  • The availability disclaimer names three qualities at once: uninterrupted, secure and error-free.
  • It is tied to the product's services meeting the user's own requirements as well as to availability.
  • The quality disclaimer covers information or content provided through the product.
Also annotated in the same passage (1)

Legal Rights & Agreement Rules · Restriction or exception

Indirect, punitive and unforeseeable losses are excluded

Two exclusions operate here. Where the law permits, Roku says it will not be responsible for indirect, special, consequential, exemplary or punitive damages. Separately, stated as applying in all cases, it will not be liable for any loss or damage that is not reasonably foreseeable, so even losses outside the five listed categories are out of reach unless foreseeable.

Details
Condition
WHEN PERMITTED BY LAW
What it covers
ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES
Exception
IN ALL CASES, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE

Supporting quotations

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

Qualifications & exceptions

  • The listed-damages exclusion is conditioned on what the law permits ('WHEN PERMITTED BY LAW').
  • Five damage types are named: indirect, special, consequential, exemplary and punitive.
  • The unforeseeable-loss exclusion is stated 'IN ALL CASES' rather than only where law permits.
  • A later section says these limitations may not apply in some jurisdictions.

Cross-references

Also annotated in the same passage (1)

Legal Rights & Agreement Rules · Restriction or exception

Total liability is capped at the price you paid for the product

The aggregate ceiling is monetary and specific: to the extent the law permits, Roku's total liability from all causes of action and under all theories of liability - expressly including implied warranties - is limited to the purchase price the user actually paid for the product. No other cap, floor or category of damages with its own limit is stated.

Details
What it covers
OUR TOTAL LIABILITY TO YOU
Condition
TO THE EXTENT PERMITTED BY LAW
Exception
IS LIMITED TO THE PURCHASE PRICE (THAT YOU PAID) FOR THIS PRODUCT

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 THIS PRODUCT.

Qualifications & exceptions

  • The cap is bounded by 'TO THE EXTENT PERMITTED BY LAW'.
  • It aggregates all causes of action and all theories of liability.
  • Implied warranties are explicitly inside the cap.
  • The measure is the purchase price '(THAT YOU PAID)' for this product, not its list price or replacement value.

Cross-references

Also annotated in the same passage (1)

Legal Rights & Agreement Rules · Restriction or exception

Local law can switch the disclaimers and limits back on

A saving clause follows the warranty and liability sections: because some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, the disclaimers and limitations above may not apply to a user in such a jurisdiction. The clause names no jurisdiction and does not say which of the above provisions fall away.

Details
Where
Some jurisdictions
Condition
do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages
Exception
the disclaimers 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 disclaimers and limitations above may not apply to you.

Qualifications & exceptions

  • It refers to unnamed 'Some jurisdictions'.
  • It covers warranty exclusions and limits on consequential or incidental damages.
  • The effect is personal ('may not apply to you'), not a general invalidation of the terms.

Not stated here

  • Which jurisdictions qualify and which of the above disclaimers or limits are displaced is not stated.

Cross-references

Legal Rights & Agreement Rules · Restriction or exception

Claims go to individual arbitration under separate dispute terms

All claims arising out of or relating to the Roku account or any Roku product or service must be resolved exclusively through arbitration. The procedure itself is not in this document: arbitration runs 'according to these' Dispute Resolution Terms, which are linked rather than reproduced, and each claim may only be conducted on an individual basis, never as a class, consolidated or representative action. The clause also records two escape routes without describing them - a possible opt-out and unnamed other exceptions.

Details
What it covers
All claims arising out of or relating to your Roku account or any Roku product or service
What it does
will be resolved exclusively through arbitration
Condition
according to these Dispute Resolution Terms
Exception
unless you opted out or another exception applies
Condition
may only be conducted on an individual basis (and 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
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

  • Arbitration is exclusive for claims relating to account, product or service.
  • The governing procedure is the referenced Dispute Resolution Terms, not this document.
  • 'unless you opted out or another exception applies' leaves both routes undefined here.
  • The individual-basis bar covers class, consolidated and representative proceedings, and binds both sides.

Not stated here

  • The Dispute Resolution Terms, the opt-out mechanism and the other exceptions are referenced but not supplied in this source.

Cross-references

Legal Rights & Agreement Rules · Context

Delaware law governs, with California courts as the court fallback

Choice of law and forum are split. The terms are governed by the laws of the State of Delaware, expressly without applying conflict-of-laws principles that would point to another jurisdiction; and if a claim proceeds in court rather than in arbitration, the parties agree that exclusive jurisdiction and venue is federal court for the Northern District of California or state court in Santa Clara County. The document does not describe the cases in which a claim would reach court, given the arbitration clause and its unnamed exceptions.

Details
Where
the laws of the State of Delaware
Exception
without regard to any conflict of laws principles
Condition
If, for any reason, a claim proceeds in court rather than in arbitration
Where
federal court of the Northern District of California or state court in Santa Clara County, California

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.
If, for any reason, a claim proceeds in court rather than in arbitration,
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

  • Delaware law is chosen 'without regard to any conflict of laws principles'.
  • The court route is framed as a fallback ('If, for any reason').
  • Two alternative fora are named: federal court for the Northern District of California or Santa Clara County state court.
  • Jurisdiction and venue are both stated to be exclusive.

Not stated here

  • When a claim would proceed in court rather than arbitration is not described in this source.

Legal Rights & Agreement Rules · Restriction or exception

Only you and Roku can rely on these terms, and your rights cannot be transferred

The contract is stated as bilateral: it is between the user and Roku, and no other person has any right to enforce any of these terms on the user's behalf, so a third party cannot invoke them. In addition the user's rights under the terms are not transferable, with no exception stated for assignees or heirs.

Details
Who
no other person
Exception
no other person has any right to enforce these terms on your behalf
Exception
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

  • No third-party enforcement right is recognised: the bar is on enforcing any term on the user's behalf.
  • The non-transferability rule is stated flatly, with no carve-out for transfer of a device.
Also annotated in the same passage (3)

Legal Rights & Agreement Rules · Context

An invalid paragraph is trimmed rather than voiding the rest

Two structural rules sit together: each paragraph is intended to operate separately, and if a court or relevant authority finds any term invalid or unenforceable, that term is enforced to the maximum extent permissible while the remaining terms stay in full force and effect. A finding against one provision therefore narrows it rather than removing the agreement.

Details
Condition
Each paragraph is intended to operate separately
Exception
enforced to the maximum extent permissible and the remaining terms will remain in full force and effect

Supporting quotations

Each paragraph is intended to operate separately.
those terms will be enforced to the maximum extent permissible and the remaining terms will remain in full force and effect.

Qualifications & exceptions

  • Severability is applied per paragraph.
  • The offending term is still enforced 'to the maximum extent permissible', not simply dropped.
  • Nothing is said about what happens to a whole section found unenforceable.
Also annotated in the same passage (3)

Legal Rights & Agreement Rules · Restriction or exception

Roku not enforcing a term does not waive it

Roku states that if it delays or chooses not to enforce these terms, that neither waives its rights nor relieves the user of the duty to comply. The clause is symmetrical: it preserves Roku's ability to enforce later and blocks the user from reading past tolerance as permission.

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

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

  • It covers both delay and a deliberate choice not to enforce.
  • It preserves both Roku's rights and the user's continuing compliance duty.
Also annotated in the same passage (3)

Legal Rights & Agreement Rules · Company practice

Roku can amend the terms and continued use counts as acceptance

Changes are unilateral: Roku may amend these terms from time to time, will post revised terms on its website when changes are material and may also notify through the product or the account, and using the product after the changes take effect constitutes acceptance of them. The consequence of disagreement is stated more cautiously here than at first acceptance - 'you may not be able to continue using your product with your Roku account' rather than a flat denial of any right to use - and no notice period is given.

Details
Who
us
What it does
These terms may be amended
Condition
If we make material changes
What it does
we will post the revised terms on our website and may also notify you through your Roku product or your Roku account
Condition
Your use after the changes go into effect will constitute your acceptance
Exception
you may not be able to continue using your product with your Roku account

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.
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

  • Amendment is by Roku, with no frequency limit or advance period stated.
  • Posting is promised for material changes; notifying through product or account is a possibility ('may also').
  • Acceptance of the new terms is by continued use after they go into effect.
  • The stated consequence of disagreement is hedged as 'may not be able to'.

Not stated here

  • No minimum notice period and no definition of a material change are stated.

Cross-references

  • contrast (model-proposed): Acceptance happens by using, activating or linking a Roku product — Both paragraphs treat continued use as acceptance, but they state the consequence of disagreement differently: initial acceptance leaves 'no right to use Roku products', while refusing amended terms is hedged as 'you may not be able to continue using your product with your Roku account'. The contrast is preserved rather than harmonised.
Also annotated in the same passage (3)

Legal Rights & Agreement Rules · Context

Questions about the terms are directed to a contact page

The document ends its substantive clauses by pointing users who have questions about these terms to Roku's contact page. No response time, escalation route or remedy is promised, and this route is separate from the arbitration path set out earlier.

Details
Condition
If you have any questions about these terms
What it does
you can contact us

Supporting quotations

If you have any questions about these terms, you can

Qualifications & exceptions

  • It is a pointer for questions only, with no response commitment or timeframe stated.
  • It is not presented as part of the dispute process.

Legal Rights & Agreement Rules · Context

This version is stated as effective October 17, 2020

The document's own dating line reads 'Effective: October 17, 2020', which is the version date carried with this saved copy. Because the opening paragraphs route Roku TVs and Roku Smart Home devices to their own agreements, this date applies to the text published here only and says nothing about the versions of those separate agreements.

Details
When
Effective: October 17, 2020

Supporting quotations

Effective: October 17, 2020

Qualifications & exceptions

  • The date is stated as an effective date rather than a last-updated or review date.
  • It dates this text only; the separately named product agreements carry their own dating.