The Roku Channel App Terms of Use

Roku · agreement dated September 27, 2020 · Official agreement

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22 of 35 cards in Legal Rights & Agreement Rules

Legal Rights & Agreement Rules · Company practice

Accessing the app counts as accepting these terms

These terms govern access to and use of The Roku Channel app, which the document describes as a streaming video service and app operated by Roku Inc. and/or its subsidiaries and affiliates. Merely accessing or using the app is treated as accepting them, so no separate agreement step is required. Someone who does not agree is told they have no right to use the app.

Details
Who
Roku Inc. and/or its subsidiaries and affiliates
Condition
by accessing or using The Roku Channel app

Supporting quotations

These terms govern your access and use of The Roku Channel app, which is a streaming video service and app operated by Roku Inc. and/or its subsidiaries and affiliates.
By accessing or using The Roku Channel app, you are accepting these terms.
If you do not agree with these terms, you do not have the right to use the The Roku Channel app.

Qualifications & exceptions

  • Acceptance is triggered by access or use, not only by creating or signing in to an account.
  • The operator is stated as Roku Inc. and/or its subsidiaries and affiliates, not a single named entity.

Not stated here

  • The document does not say how acceptance is shown for a user who never signs in to a Roku account.

Cross-references

  • referred to by (model-proposed): Changes take effect against you if you keep using the app — Amendments are accepted the same way the terms were first accepted: by conduct. Keeping the two together shows there is no separate consent click for either the original terms or their changes.

Legal Rights & Agreement Rules · Restriction or exception

Some features come with their own extra terms

Certain features, functionality and content may be governed by additional terms beyond this document. Those extra terms are promised at the time the relevant services are offered, so this document alone does not state everything that can apply inside the app.

Details
What it does
subject to additional terms
When
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

  • Applies only to the features, functionality and content that carry additional terms; the document does not identify which ones.
  • The additional terms are to be provided when those services are offered, and their text is not part of this document.

Not stated here

  • Which features currently carry additional terms, and the content of those terms, are not supplied here.

Cross-references

  • refers to (model-proposed): App store notice terms also apply — Two separate documents are layered onto this one: terms for particular features, provided later, and the app store notice named in General. Both are outside this text, so the app's full rule set is not contained in this document.
Also annotated in the same passage (1)

Legal Rights & Agreement Rules · Company practice

Features and content can be modified, suspended or removed

The right to modify, suspend or remove features, functionality or content is reserved at any time. Because the right is stated without a notice requirement or a reason, an app capability a user relies on may change or disappear without advance warning under these terms.

Details
Who
Roku (we)
What it does
modify, suspend, or remove features, functionality or content
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 Channel app.

Qualifications & exceptions

  • The reserved right is stated to apply at any time.
  • The document does not promise notice, a reason, or continuity of any particular feature.
Also annotated in the same passage (1)

Legal Rights & Agreement Rules · Permission or license

The app is licensed for personal, non-commercial use on a compatible device

Installation and use are permitted on a compatible mobile device, only for personal, non-commercial purposes. Checking that the device works with the app is the user's responsibility, so no compatibility is promised by these terms.

Details
What it does
install and use the app
Condition
compatible mobile device; personal, non-commercial purposes
What it covers
the app

Supporting quotations

You may install and use the app on a compatible mobile device, only for personal, non-commercial purposes.
You are responsible for ensuring system compatibility between your device and the app.

Qualifications & exceptions

  • Limited to personal, non-commercial purposes.
  • Limited to installation and use on a compatible mobile device.
  • System compatibility between the device and the app is the user's responsibility.

Not stated here

  • Which devices count as compatible is not listed in this document.

Cross-references

  • narrowed by (model-proposed): Rights not expressly granted stay with Roku and its licensors — Because every right not expressly granted stays with Roku or its licensors, the personal non-commercial permission to install and use the app is the whole of what the user holds, not a floor below other implied rights.
Also annotated in the same passage (2)

Legal Rights & Agreement Rules · Restriction or exception

Other providers' own terms and data practices apply to their content

Some content and services in the app come from other content providers and may be subject to their own terms and policies, including their privacy and data-gathering practices. Those outside terms bind the user when accessing that content through the app, so the protections in this document are not the only ones that matter.

Details
Who
other content providers
What it covers
their own terms and policies, including privacy and data gathering practices
Condition
when you access their content through the app

Supporting quotations

Some content and services may be provided by other content providers, which may be subject to their own terms and policies, including privacy and data gathering practices.
Those terms and policies will apply (and you are obligated to abide by them) when you access their content through the app.

Qualifications & exceptions

  • Applies to content and services provided by other content providers, not to content Roku provides itself.
  • Includes those providers' privacy and data-gathering practices.
  • Their terms and policies apply when the user accesses their content through the app.

Not stated here

  • Neither the identity of these providers nor the text of their terms is supplied here.
Also annotated in the same passage (2)

Legal Rights & Agreement Rules · Company practice

Content and providers may change without notice

Roku may update, add or remove content, and may add or drop content providers from time to time, possibly without telling the user. Titles a user expects can therefore disappear from the app without advance notification.

Details
Who
Roku (we)
What it covers
content and content providers
Condition
possibly without notice to you

Supporting quotations

We may update, add, or remove content, and/or content providers from time to time (possibly without notice to you).

Qualifications & exceptions

  • Changes may be made without notice to the user.
  • Applies to both content and content providers.

Not stated here

  • No notice period or minimum catalogue commitment is promised.
Also annotated in the same passage (1)

Legal Rights & Agreement Rules · Restriction or exception

Some content is limited to countries where the app is authorized

Certain content is only available in countries where the app has been authorized to broadcast it. Attempting to reach content outside those countries means the rights granted under these terms do not apply, content providers may use technology to determine or verify location, and the user may be unable to use the app outside the designated country. Users are also responsible for complying with applicable laws that apply to their use of the app.

Details
Where
countries where The Roku Channel app has been authorized to be broadcast
Who
some content providers
What it does
technologies to determine or verify your location

Supporting quotations

Certain content is only available in those countries where The Roku Channel app has been authorized to be broadcast.
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 access The Roku Channel app outside of your designated country.
You are responsible for complying with any applicable laws that apply to your use of the app.

Qualifications & exceptions

  • Availability depends on the countries where the app is authorized to broadcast the content.
  • Outside those countries the rights granted under these terms do not apply.
  • Providers may use technologies to determine or verify location.
  • Legal compliance for use of the app is the user's own responsibility.

Not stated here

  • The list of authorized countries is not given in this document.
  • The document does not say what happens to the user's data when location is verified.
Also annotated in the same passage (1)

Legal Rights & Agreement Rules · Procedure

Copyright and illegal-content complaints go to a takedown notice

A person who in good faith believes that content appearing on Roku's website or through its products and services infringes copyright or other proprietary rights, or contains prohibited or illegal content, is directed to send a content takedown notice. The link is the only stated route, and no response deadline or process is described.

Details
Who
a person with a good-faith belief of infringement or illegal content
What it does
send us a content takedown notice

Supporting quotations

If you believe in good faith that certain content appearing on our website or through our products and services infringes upon your copyright, other proprietary rights, or contains prohibited or illegal content, send us a content takedown notice.

Qualifications & exceptions

  • Requires a good-faith belief that content infringes copyright or other proprietary rights, or is prohibited or illegal.
  • Applies to content on Roku's website or through its products and services, not only the app.

Not stated here

  • The takedown procedure itself and any handling time are set out in the linked notice page, which was not supplied with this document.

Legal Rights & Agreement Rules · Company practice

Advertising appears in the app and Roku does not stand behind advertisers

Roku and/or its partners and content providers may display advertising and promotional messages in the app. Roku states it makes or implies no endorsement or recommendation of advertisers' products or services, and that any interaction with advertisers is entirely at the user's own risk, between the user and the advertiser, with Roku not responsible or liable for it.

Details
Who
Roku and/or its partners and content providers
What it covers
advertising and promotional messages

Supporting quotations

Roku (and/or its partners and content providers) may display advertising and promotional messages on The Roku Channel app.
We do not make (or imply) any endorsement or recommendation about the advertisers’ products or services.
Any interaction you have with these advertisers is entirely at your own risk and between you and the advertiser.
Roku is not responsible or liable for your interaction with those advertisers or their products and services.

Qualifications & exceptions

  • Advertising may come from Roku and/or its partners and content providers.
  • No endorsement or recommendation of advertisers' products or services is made or implied.
  • Interactions are stated to be between the user and the advertiser at the user's own risk.

Not stated here

  • Whether advertising involves any collection or sharing of viewing data is not stated here; that is left to the referenced Privacy Policy.

Legal Rights & Agreement Rules · Company practice

Updates may be required and can change features

From time to time the app may require an update, including bug fixes, interface or access improvements, security changes, and other changes that may add, change or remove features and functionality. Updates are described as necessary to maintain operation, functionality and compatibility with other content or services.

Details
What it covers
the app
Why
maintain operation and functionality and compatibility

Supporting quotations

From time to time, the app may require an update.
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.
Updates are necessary to maintain the operation and functionality of the app and/or compatibility with other content or services.

Qualifications & exceptions

  • Updates may add, change or remove features and functionality.
  • Stated purposes include bug fixes, security, interface or access improvements, and compatibility.

Not stated here

  • How often updates occur, and whether a user can decline one and keep using the app, is not stated.

Legal Rights & Agreement Rules · Restriction or exception

The app is provided as is, with warranties disclaimed

The app is provided "AS IS" and on an "AS AVAILABLE" basis, and to the maximum extent permitted by applicable law Roku disclaims the warranties of merchantability, fitness for a particular purpose and non-infringement, plus any warranties arising from course of dealing or usage of trade. No warranty is given that the service will meet the user's requirements, run uninterrupted, securely or error-free, or that content obtained through the app will be of any particular quality.

Details
Condition
to the maximum extent permitted by applicable law
What it covers
warranties of merchantability, fitness, non-infringement and trade usage

Supporting quotations

The Roku Channel app 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 by the app 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 app.

Qualifications & exceptions

  • The disclaimer is stated to operate to the maximum extent permitted by applicable law.
  • Covers merchantability, fitness for a particular purpose, non-infringement and trade-usage warranties.
  • Also disclaims any warranty of uninterrupted, secure or error-free availability and of content quality.

Not stated here

  • The separate Exclusions paragraph may restore protections in some jurisdictions; how far depends on the user's local law, which this document does not identify.

Cross-references

Legal Rights & Agreement Rules · Restriction or exception

Liability is capped and indirect damages excluded

Where the law permits, Roku will not be responsible for indirect, special, consequential, exemplary or punitive damages. Total liability across all causes of action and theories, including implied warranties, is limited to the purchase price paid for the app or 10 USD, whichever is more, and in all cases liability excludes loss or damage that is not reasonably foreseeable.

Details
Condition
when permitted by law; to the extent permitted by law
What it covers
total liability from all causes of action

Supporting quotations

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 THE APP OR $10 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 exclusions and the cap apply only where the law permits them.
  • The cap is the greater of the purchase price paid for the app and 10 USD.
  • Liability also excludes loss or damage that is not reasonably foreseeable.

Not stated here

  • Whether the user paid anything for the app is not stated; if nothing was paid, the stated cap is 10 USD.

Cross-references

Legal Rights & Agreement Rules · Restriction or exception

Local consumer law can override these disclaimers

Some jurisdictions do not allow excluding certain warranties, or excluding or limiting liability for consequential or incidental damages. For users in those places the disclaimers and limitations above may not apply, so the protection actually available depends on local law rather than on what this document says.

Details
Where
jurisdictions that do not allow these exclusions
What it does
disclaimers and limitations above may not apply

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

  • Applies where local law forbids the exclusion of warranties or the exclusion or limitation of consequential or incidental damages.
  • The effect is permissive: the disclaimers and limitations may not apply, rather than being voided outright.

Not stated here

  • Which jurisdictions these are is not listed, and no local rule is identified.

Cross-references

Legal Rights & Agreement Rules · Restriction or exception

Disputes go to arbitration, one claimant at a time

All claims arising out of or relating to a Roku account or any Roku product or service must be resolved exclusively through arbitration under separate Dispute Resolution Terms, unless the user opted out or another exception applies. Both sides also agree that claims may only be brought on an individual basis, not as a class, consolidated or representative action.

Details
What it covers
all claims relating to your Roku account or any Roku product or service
Exception
unless you opted out or another exception applies
Condition
individual basis only

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

  • Scope reaches claims about the Roku account and any Roku product or service, not only this app.
  • Opt-outs and other exceptions can remove a claim from arbitration.
  • Class, consolidated and representative actions are excluded by agreement.
  • The arbitration rules themselves live in the referenced Dispute Resolution Terms, not here.

Not stated here

  • The Dispute Resolution Terms were not supplied with this document, so the arbitration procedure, the opt-out route and the stated exceptions are not evidenced here.

Cross-references

Legal Rights & Agreement Rules · Restriction or exception

Delaware law governs and California courts handle court cases

These terms are governed by the laws of the State of Delaware without regard to conflict-of-laws principles that would point to another jurisdiction. If a claim proceeds in court instead of arbitration, the exclusive jurisdiction and venue is either the federal court for the Northern District of California or state court in Santa Clara County, California.

Details
Where
State of Delaware law; Northern District of California or Santa Clara County, California venue
Condition
only if a claim proceeds in court rather than in arbitration

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, 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

  • Delaware law applies; conflict-of-laws rules that would point elsewhere are excluded.
  • The court route applies only if a claim proceeds in court rather than arbitration.
  • Venue is limited to the Northern District of California federal court or Santa Clara County state court.

Cross-references

  • refers to (model-proposed): Disputes go to arbitration, one claimant at a time — The Delaware and California forum clauses only bite where a claim escapes arbitration; arbitration remains the primary route, so venue is a fallback rather than the user's first option.

Legal Rights & Agreement Rules · Context

App store notice terms also apply

Use of the app is stated to be subject to a separate app store notice. Whatever that notice says applies alongside these terms, and its text is not part of this document.

Details
What it covers
use of The Roku Channel app
Condition
subject to the separate app store notice

Supporting quotations

Use of The Roku Channel app is subject to the following app store notice.

Qualifications & exceptions

  • The condition is stated generally; this document does not identify which app store notice applies to a given user.

Not stated here

  • The app store notice referenced here was not supplied with the analyzed document, so its terms are not evidenced here.

Cross-references

  • referred to by (model-proposed): Some features come with their own extra terms — Two separate documents are layered onto this one: terms for particular features, provided later, and the app store notice named in General. Both are outside this text, so the app's full rule set is not contained in this document.
Also annotated in the same passage (4)

Legal Rights & Agreement Rules · Restriction or exception

Only you and Roku are parties, and your rights do not transfer

The agreement is stated to be between the user and Roku, with no other person having any right to enforce it on the user's behalf. The user's rights are also not transferable, so they cannot be handed to someone else.

Details
Who
you and Roku
What it covers
your rights

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 may enforce these terms on the user's behalf.
  • The user's rights are non-transferable.

Cross-references

  • qualifies (model-proposed): The app may not be sold or transferred — The general statement that the user's rights are not transferable is what gives the prohibition on selling or transferring the app its effect; the two are consistent rather than competing.
Also annotated in the same passage (4)

Legal Rights & Agreement Rules · Restriction or exception

Unenforceable terms are trimmed, the rest stay in force

Each paragraph is intended to operate separately. If a court or relevant authority finds any term invalid or unenforceable, that term is to be enforced to the maximum extent permissible while the remaining terms stay in full force and effect.

Details
What it does
enforced to the maximum extent permissible
Condition
remaining terms stay in full force and effect

Supporting quotations

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.

Qualifications & exceptions

  • Each paragraph is intended to operate separately.
  • An invalid or unenforceable term is narrowed to the maximum permissible extent rather than dropped.
Also annotated in the same passage (4)

Legal Rights & Agreement Rules · Restriction or exception

Changes take effect against you if you keep using the app

Roku may amend these terms from time to time. Material changes are to be posted in the app and may also be notified through the website or the user's Roku account, and using the app after the changes take effect counts as accepting them; a user who does not agree may be unable to continue using the app with their Roku account.

Details
Who
Roku (us)
Condition
use after the changes go into effect
When
from time to time; after the changes go into effect

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 in the app and may also notify you through our website 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 the app with your Roku account.

Qualifications & exceptions

  • Posting revised terms in the app is promised for material changes; notification through the website or the Roku account is only optional.
  • Acceptance is formed by continued use after the changes go into effect.
  • Disagreement means the user may not be able to keep using the app with their Roku account.

Not stated here

  • No advance notice period before changes take effect is stated.
  • What counts as a material change, as opposed to another amendment, is not defined.

Cross-references

  • refers to (model-proposed): Accessing the app counts as accepting these terms — Amendments are accepted the same way the terms were first accepted: by conduct. Keeping the two together shows there is no separate consent click for either the original terms or their changes.
Also annotated in the same passage (4)

Legal Rights & Agreement Rules · Restriction or exception

Roku delaying enforcement is not a waiver

A delay or decision not to enforce these terms does not waive Roku's rights and does not relieve the user from complying. Past tolerance therefore cannot be read as permission for the same conduct later.

Details
Who
Roku (we)
What it does
delay or chose not to enforce

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

  • Applies both to a delay and to a choice not to enforce.
Also annotated in the same passage (4)

Legal Rights & Agreement Rules · Procedure

Questions about the terms go to Roku's contact page

Users with questions about these terms are directed to Roku's contact page. No other channel, response time or commitment to answer is stated.

Details
Who
you (user with questions)
What it does
contact us

Supporting quotations

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

Qualifications & exceptions

  • The route given is a general contact page rather than a named notice address.

Not stated here

  • No response time or resolution process is promised.

Legal Rights & Agreement Rules · Context

This version is dated September 27, 2020

The document closes by marking the terms effective September 27, 2020. That date identifies the version analyzed here; the text states neither an effective time of day nor whether a later version exists.

Details
When
September 27, 2020
What it covers
these terms

Supporting quotations

Effective: September 27, 2020

Qualifications & exceptions

  • Version marker only; no time of day and no statement about later versions.

Not stated here

  • Whether the analyzed copy is still the version Roku serves is outside this document.