Creating a Roku account is how you accept these terms
Acceptance works by conduct: creating a Roku account counts as accepting these terms. There is no separate signature step described. The stated consequence of disagreement is that you may not create a Roku account, so declining means going without the account rather than using it under different terms.
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By creating a Roku account, you are accepting these terms. If you do not agree with these terms, you may not create a Roku account.
Qualifications & exceptions
The stated alternative to accepting is not creating an account; the document does not describe using Roku products without one.
Legal Rights & Agreement Rules · Restriction or exception
Accepting also covers arbitration, automatic software updates and auto-renewing subscriptions
The terms single out three consequences of accepting: disputes go to binding arbitration, meaning both sides give up the right to go to court; software on your Roku devices may be updated automatically; and recurring subscriptions renew automatically, with your account continuing to be charged until you cancel. Subscription charging therefore continues as the default and stops only when you cancel.
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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), (2) the software installed on your Roku devices may be automatically updated, and (3) your recurring subscriptions will automatically renew and your account will continued to be charged for those subscriptions until you cancel.
Qualifications & exceptions
Arbitration is described as binding and as giving up the right to go to court; the arbitration rules themselves live in separate Dispute Resolution Terms that this document links but does not contain.
Software updates are stated as something that may happen; this summary does not say every update occurs on every device.
Renewal and charging continue "until you cancel", so cancellation is the stated stopping condition.
Not stated here
The linked Dispute Resolution Terms, including any opt-out mechanism beside the "unless you opted out or another exception applies" wording later in this document, are not part of this source.
refers to (model-proposed): Recurring subscriptions renew automatically until you cancel — Accepting the terms flags that recurring subscriptions renew automatically and keep charging until cancelled; the subscription passage states the renewal and cancellation terms.
refers to (model-proposed): Disputes go to arbitration individually, not to court or class actions — Accepting the terms flags binding arbitration for disputes; the arbitration passage states the exclusive route, the individual-basis limit and the linked Dispute Resolution Terms.
Legal Rights & Agreement Rules · Restriction or exception
Roku disclaims responsibility for account use by someone using your password
Roku states it will not be responsible for any use of your Roku Account by someone using your password. Combined with the user's own duty to keep the password confidential, losses from someone else's use of the account fall on the account holder.
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Roku will not be responsible for any use of your Roku Account by someone using your password.
Qualifications & exceptions
The disclaimer is tied to use by someone using your password, not to every kind of unauthorized access.
Not stated here
Whether this applies where the password was obtained through Roku's own failure is not addressed in this source.
Legal Rights & Agreement Rules · Restriction or exception
Roku products may only be used in the country where the device was sold
Your Roku products may only be used in the country where the device was sold, or as specified on Roku's website. Use outside that country is outside the terms' permission, and later provisions tie content availability and even the granted rights to that same country limit.
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Supporting quotations
Your Roku products may only be used in the country where the device was sold (or as specified on Roku’s website).
Qualifications & exceptions
The permitted country can also be the one "specified on Roku's website", not only the country of sale.
Not stated here
The source does not say what Roku does when a device is used outside the permitted country.
Legal Rights & Agreement Rules · Restriction or exception
The Roku Channel and each provider's content run under their own terms
Access to The Roku Channel, where available, is subject to The Roku Channel Terms of Use, separate from these terms. Content and services offered by content providers are subject to the providers' own terms and policies, including their privacy and data-gathering practices, and those terms bind you when you reach their content with your Roku products. The providers, not Roku, are responsible for delivering the content and services they offer, even when you bought them through your Roku account.
The streaming content and services offered by our content providers are subject to their own terms and policies, including privacy and data gathering practices.
These content providers are responsible for providing you the content and services they offer (even if you have purchased these through your Roku account).
Qualifications & exceptions
The Roku Channel terms apply only where The Roku Channel is available.
Provider responsibility for their own content and services applies even where the purchase was made through your Roku account.
Not stated here
The Roku Channel Terms of Use and each content provider's own terms are linked or referenced, not supplied here; nothing in them is imported into this analysis.
Legal Rights & Agreement Rules · Restriction or exception
Outside the authorized country the rights in these terms do not apply
Some content is only available in countries where the device has been authorized to be sold, and if you try to reach content outside those countries the rights granted under these terms will not apply. Some providers may use technology to determine or verify your location, and you may be unable to use your Roku product to reach content outside its designated country. Access outside the territory is therefore both outside the grant and liable to be blocked technically.
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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
Loss of the granted rights is triggered by attempting to access content outside the countries where the device was authorized to be sold.
Location verification is described as something some content providers may use, not all.
Not stated here
What happens to purchases already made when a device moves country is not stated.
Legal Rights & Agreement Rules · Restriction or exception
You are responsible for import and export compliance
Complying with any import and/or export laws that apply to your use of your Roku products is placed on you. This sits alongside the country-of-sale and territory limits: moving or using a device across borders is the user's legal responsibility.
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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 duty covers any import and/or export laws that apply to your use of the products.
Advertising and promotional messages may be shown through your Roku products
Roku says that it, and/or its partners and content providers, may display advertising and promotional messages through your Roku products and content services. Advertising is therefore a permitted use of the device and of content services under these terms, delivered by Roku or by third parties.
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Roku (and/or its partners and content providers) may display advertising and promotional messages through your Roku products and content services.
Qualifications & exceptions
Advertising may come from Roku, its partners, or content providers.
Placement is described as through your Roku products and content services.
Not stated here
The terms do not describe what data, if any, shapes the advertising, and no ad-targeting or opt-out mechanism is stated here.
Legal Rights & Agreement Rules · Company commitment
Roku does not endorse advertisers and is not liable for your dealings with them
Roku states it does not make or imply any endorsement or recommendation of advertisers' products or services. Any interaction you have with advertisers is entirely at your own risk and is between you and the advertiser, and Roku is not responsible or liable for that interaction or for advertisers' products and services. Dealings that start on the device are therefore outside Roku's responsibility.
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We do not make (or imply) any endorsement or recommendation about the advertisers
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
The disclaimer covers both the interaction with the advertiser and the advertiser's products and services.
It rules out endorsement or recommendation, including implied ones.
Legal Rights & Agreement Rules · Restriction or exception
Products and services are provided as is with implied warranties disclaimed
Except for the limited hardware warranty that accompanies the product, Roku products and services are provided as is and as available, and to the maximum extent permitted by law Roku disclaims implied warranties including merchantability, fitness for a particular purpose and non-infringement, and warranties arising from course of dealing or usage of trade. The warranty actually offered is therefore the separate limited hardware warranty.
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Except for the limited hardware warranty accompanying your product, Roku products and services are provided
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.
Qualifications & exceptions
The carve-out is the limited hardware warranty accompanying the product.
The disclaimers apply to the maximum extent permitted by applicable law.
Not stated here
The limited hardware warranty is a separate document and is not part of this source.
Cross-references
referred to by (model-proposed): No promise of uninterrupted service or content quality — Both passages form one disclaimer set: products and services are provided as is, with no warranty of uninterrupted, secure or error-free service or of content quality.
has exception (model-proposed): Local law may override these disclaimers and limits — The exclusions passage states the warranty disclaimers may not apply in jurisdictions that forbid excluding certain warranties.
Legal Rights & Agreement Rules · Restriction or exception
No promise of uninterrupted service or content quality
Roku makes no warranty that the services provided by the product 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 product.
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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 disclaimer covers meeting your requirements as well as uninterrupted, secure or error-free availability.
A separate disclaimer covers the quality of information or content delivered through the product.
Legal Rights & Agreement Rules · Restriction or exception
Indirect and punitive damages are excluded where the law allows
When permitted by law, Roku states it will not be responsible for indirect, special, consequential, exemplary or punitive damages, and in all cases it says it will not be liable for loss or damage that is not reasonably foreseeable. Recovery is therefore limited to foreseeable direct loss only.
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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 exclusion applies when permitted by law.
A separate sentence excludes any loss or damage that is not reasonably foreseeable.
Legal Rights & Agreement Rules · Restriction or exception
Total liability is capped at what you paid for the devices or $50, whichever is more
To the extent permitted by law, Roku's total liability from all causes of action and under all theories, including implied warranties, is limited to the purchase price you paid for the Roku devices linked to your Roku account or $50 USD, whichever is more. Even a claim that succeeds therefore recovers at most that amount.
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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 ROKU DEVICES LINKED TO YOUR ROKU ACCOUNT OR $50 USD (WHICHEVER IS MORE).
Qualifications & exceptions
The cap is measured on devices linked to your Roku account, not on content purchased through it.
It takes the greater of the device purchase price and $50 USD.
It applies to the extent permitted by law and includes implied-warranty claims.
Not stated here
How the purchase price is determined when devices were bought from a retailer, or gifted, is not stated.
Legal Rights & Agreement Rules · Restriction or exception
Local law may override these disclaimers and limits
Some jurisdictions do not allow exclusion of certain warranties, or exclusion or limitation of liability for consequential or incidental damages, so Roku states the disclaimers and limitations above may not apply to you. The warranty disclaimers and liability cap are therefore not universal, and whether they bind a given user depends on their jurisdiction.
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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
The passage addresses jurisdictions that bar excluding warranties or limiting liability for consequential or incidental damages.
It says the disclaimers and limitations may not apply, without naming any jurisdiction.
Not stated here
Which jurisdictions, and which parts of the disclaimers, are affected is not identified here.
Legal Rights & Agreement Rules · Restriction or exception
Disputes go to arbitration individually, not to court or class actions
All claims arising out of or relating to your Roku account or any Roku product or service are resolved exclusively through arbitration under the linked Dispute Resolution Terms, unless you opted out or another exception applies, and both sides agree that claims may only proceed on an individual basis rather than as a class, consolidated or representative action. Court is therefore not the ordinary route, and joining claims together is excluded.
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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 rules themselves live in the separate linked Dispute Resolution Terms.
Opt-out or another exception may take a claim outside arbitration.
Class, consolidated and representative actions are excluded by agreement.
Not stated here
The Dispute Resolution Terms text is not part of this source, so how to opt out, its deadline and cost allocation are unknown here.
Delaware law governs, and any court case belongs in Northern California
These terms are governed by the laws of the State of Delaware without regard to conflict of laws principles, and if a claim does proceed in court rather than arbitration the exclusive jurisdiction and venue is federal court for the Northern District of California or state court in Santa Clara County, California.
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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
Conflict of laws principles are excluded, so another jurisdiction's law is not substituted.
The venue clause applies only where a claim proceeds in court rather than arbitration.
Only you and Roku are parties, and unused rights are not waived
The terms are between you and Roku, no other person may enforce them on your behalf, and your rights are not transferable. Each paragraph is intended to operate separately, so if a term is held invalid or unenforceable it is enforced to the maximum extent permissible and the rest stays in force. A delay or choice not to enforce does not waive Roku's rights or excuse your compliance.
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These terms are between you and Roku and no other person has any right to enforce these terms on your behalf.
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.
Qualifications & exceptions
Third parties have no enforcement right and the user's rights cannot be transferred.
Invalid terms are enforced to the maximum extent permissible rather than dropped wholesale.
Failure or delay in enforcing does not waive the right to enforce later.
Roku may change these terms, and continued use accepts the changes
Roku may amend these terms from time to time. Material changes are posted on its website and may also be notified through your Roku product or Roku account, and using the product after the changes take effect counts as accepting them; if you do not agree, Roku says you may not be able to continue using your product with your account. Continued use, not a fresh signature, is what binds you to new terms.
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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
Notice of material changes is by website posting, and possibly through the product or account.
Acceptance is constituted by use after the changes go into effect.
Refusing new terms may mean you cannot keep using the product with your Roku account.
Not stated here
How much notice precedes a change, and what counts as a material change, is not stated.
Questions about these terms go to Roku's contact page
The document names its own contact route for questions about the terms: a contact page on Roku's website. No other channel, address or response commitment is given in these terms.
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Supporting quotations
If you have any questions about these terms, you can contact us.
Qualifications & exceptions
The route named is the contact page linked from the terms.
Not stated here
No response time or escalation process is stated.
Legal Rights & Agreement Rules · Context
The analyzed version is the one effective October 17, 2020
The document states its own effective date at the end: October 17, 2020. Because Roku may amend the terms and post revised versions, this date identifies which version was read; no later amendment date or version history appears in it.
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Supporting quotations
Effective: October 17, 2020
Qualifications & exceptions
This is the effective date the document states for itself, alongside the separate statement that it may be amended from time to time.
Not stated here
Whether a newer version is now published at the same address was not checked for this analysis; only the saved October 17, 2020 version was read.