The Roku Channel Terms of Use

Legal Rights & Agreement Rules · Company practice

Using The Roku Channel counts as accepting these terms

These terms govern access to and use of The Roku Channel, described as a streaming video service operated by Roku Inc. and/or its subsidiaries and affiliates that provides access to content and the services made available through The Roku Channel application. The document states that accessing or using The Roku Channel means accepting these terms, rather than a separate signature or click. Someone who does not agree with the terms may not access The Roku Channel.

Supporting quotations

These terms govern your access and use of The Roku Channel.

By accessing or using The Roku Channel, you are accepting these terms.

If you do not agree with these terms, you may not access The Roku Channel.

Qualifications & exceptions

• Acceptance follows from accessing or using the service; no other form of assent is described.
• Access is refused to anyone who does not agree with the terms.

Not stated here

• The terms do not say how acceptance is evidenced for a particular user or device.

Cross-references

• contrast (model-proposed): Roku may change these terms, and continued use accepts the changes — The opening treats any access as acceptance of the terms as they stand, while the General section lets Roku amend them and treat later use as acceptance of the revised text; together, continued use can bind a user to terms that did not exist at first acceptance.

Legal Rights & Agreement Rules · Company practice

Accepting these terms also means binding arbitration and auto-renewing subscriptions

Accepting these terms is stated to include two further agreements: that any disputes between the user and Roku will be settled by binding arbitration, which the document glosses as both sides giving up the right to go to court, and that recurring subscriptions will automatically renew and the account will continue to be charged for those subscriptions until the user cancels. The arbitration statement here is a summary at the front of the document; the later Arbitration of Disputes section states the arbitration requirement is subject to exceptions (opt-out or another exception) set out with the Dispute Resolution Terms, which are a separate linked document not supplied here.

Supporting quotations

any disputes between us will be settled by binding arbitration (meaning we both give up the right to go to court)

your recurring subscriptions will automatically renew and your account will continued to be charged for those subscriptions until you cancel

unless you opted out or another exception applies

Qualifications & exceptions

• Binding arbitration is described in the document itself as meaning "we both give up the right to go to court".
• Automatic renewal and continued charging of recurring subscriptions run only until the user cancels.
• The later arbitration section states that arbitration applies "unless you opted out or another exception applies".
• The referenced Dispute Resolution Terms are a separate linked document and are not part of this document; the opt-out procedure and exceptions are therefore unknown here.

Not stated here

• This document does not state how to opt out of arbitration or what other exceptions exist; the linked Dispute Resolution Terms are not supplied.

Cross-references

• narrowed by (model-proposed): Disputes about your Roku account or any Roku product go to arbitration — The front-matter acknowledgement of binding arbitration is made specific by the Arbitration of Disputes section, which states the scope, the individual-claims-only rule and the opt-out or other-exception qualification.

Legal Rights & Agreement Rules · Company practice

Features may carry extra terms and Roku may modify, suspend or remove them

Some features, functionality and content offered through The Roku Channel may be governed by additional terms, which the document says will be provided when those services are offered. Separately, Roku reserves the right at any time to modify, suspend or remove certain features, functionality or content from The Roku Channel, without describing notice or a remedy for the user.

Supporting quotations

Certain features, functionality, and content made available to you through The Roku Channel 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 Channel.

Qualifications & exceptions

• Additional terms apply only to those features, functionality and content to which they are provided, and are given at the time those services are offered.
• The reserved right to modify, suspend or remove applies to "certain features, functionality, or content", not stated as the whole service.
• The right is exercisable at any time and no notice period or user remedy is stated.

Legal Rights & Agreement Rules · Context

Streaming display quality depends on your device, connection and location

The document states that the display quality of streaming content on The Roku Channel can vary by device and is affected by many factors, including the user's internet speeds, WiFi strength and location. No minimum quality or resolution is promised.

Supporting quotations

The display quality of streaming content on The Roku Channel can vary by device and is affected by many factors, including your internet speeds, WiFi strength, and location.

Qualifications & exceptions

• Quality varies by device and by factors including internet speeds, WiFi strength and location.
• No quality level, resolution or availability standard is promised anywhere in these terms.

Legal Rights & Agreement Rules · Restriction or exception

Third-party content providers' own terms and policies also bind you

Part of The Roku Channel's content and services may come from other content providers, and the document says those may be subject to the providers' own terms and policies, including their privacy and data gathering practices. It states those terms and policies apply and that the user is obligated to abide by them when accessing that provider's content through The Roku Channel.

Supporting quotations

Some content and services on The Roku Channel 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 Roku Channel.

Qualifications & exceptions

• Only content and services actually provided by another content provider are affected, not all of The Roku Channel.
• The providers' terms are described as covering "including privacy and data gathering practices".
• Those separate terms are not supplied with this document, so their substance is unknown here.

Not stated here

• Which content providers supply which content, and what their terms, privacy and data gathering practices say, is not stated in this document.

Legal Rights & Agreement Rules · Restriction or exception

Rights under these terms stop at the countries where the Channel is authorized

Certain content is only available in countries where The Roku Channel has been authorized to broadcast it. If a user tries to reach content outside those countries, the rights granted under these terms do not apply. The document adds that some content providers may use technologies to determine or verify the user's location, and that the user may not be able to access The Roku Channel outside the designated country.

Supporting quotations

Certain content is only available in those countries where The Roku Channel 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 outside of your designated country.

Qualifications & exceptions

• Only "certain content" is limited to authorized broadcast countries.
• Location determination or verification is attributed to "some content providers", not necessarily to Roku itself.
• Inability to access outside the designated country is stated as a possibility, not a guarantee.

Legal Rights & Agreement Rules · Restriction or exception

You are responsible for complying with laws that apply to your use

Alongside the document's own rules, the user is stated to be responsible for complying with any applicable laws that apply to their use of The Roku Channel.

Supporting quotations

You are responsible for complying with any applicable laws that apply to your use of The Roku Channel.

Qualifications & exceptions

• Responsibility covers "any applicable laws", which are not identified in this document and can differ by jurisdiction.

Legal Rights & Agreement Rules · Restriction or exception

Roku does not endorse advertisers and is not responsible for your dealings with them

Roku states it does not make or imply any endorsement or recommendation of advertisers' products or services. Any interaction between the user and those advertisers is said to be entirely at the user's own risk and between the user and the advertiser, and Roku states it is not responsible or liable for those interactions or for the advertisers' products and services.

Supporting quotations

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

• The disclaimer covers both endorsement and recommendation of advertisers' products or services.
• The user bears the risk of advertiser interactions, and Roku disclaims responsibility and liability for them.

Legal Rights & Agreement Rules · Restriction or exception

The Roku Channel is provided "AS IS" with implied warranties disclaimed

The Roku Channel is provided "AS IS" and on an "AS AVAILABLE" basis, and to the maximum extent permitted by applicable law Roku disclaims any warranties of merchantability, fitness for a particular purpose or non-infringement, and any warranties arising out of course of dealing or usage of trade.

Supporting quotations

The Roku Channel 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.

Qualifications & exceptions

• The disclaimer operates "to the maximum extent permitted by applicable law" and for an "AS IS" and "AS AVAILABLE" service.
• The named disclaimed warranties are merchantability, fitness for a particular purpose, non-infringement, and warranties from course of dealing or trade usage.

Cross-references

• has exception (model-proposed): These disclaimers and limits may not apply where local law forbids them — The Exclusions section says jurisdictions that do not allow the exclusion of certain warranties may see the disclaimers above not applied, which limits the AS IS disclaimer to the extent local law permits.

Legal Rights & Agreement Rules · Restriction or exception

No promise of uninterrupted service, fitness for your needs or content quality

Alongside the "AS IS" disclaimer, the document makes no warranty that the services will meet the user's 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 Roku Channel.

Supporting quotations

We make no warranty that the services provided by The Roku Channel will meet your requirements or will be available on an uninterrupted, secure, or error-free basis.

We make no warranty regarding the quality of any information or content provided through The Roku Channel.

Qualifications & exceptions

• The three disclaimed promises are meeting the user's requirements, uninterrupted/secure/error-free availability, and the quality of information or content.
• No service level, uptime commitment or content standard is stated anywhere in these terms.

Legal Rights & Agreement Rules · Restriction or exception

Indirect, punitive and unforeseeable losses are excluded when the law permits

When permitted by law, Roku will not be responsible for indirect, special, consequential, exemplary or punitive damages. In all cases Roku states it 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 exclusion of indirect, special, consequential, exemplary and punitive damages applies "[w]hen permitted by law".
• The exclusion of loss or damage that is not reasonably foreseeable is stated to apply in all cases.

Cross-references

• has exception (model-proposed): These disclaimers and limits may not apply where local law forbids them — The exclusion of indirect, special, consequential, exemplary and punitive damages applies only when permitted by law, which the Exclusions section restates for jurisdictions that forbid it.

Legal Rights & Agreement Rules · Restriction or exception

Total liability is capped at six months of subscription fees or $50, whichever is more

To the extent permitted by law, Roku's total liability to the user from all causes of action and under all theories of liability, including implied warranties, is limited to the purchase price the user paid for the Roku Channel subscription for the past six months or $50 USD, whichever is more.

Supporting quotations

TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE PURCHASE PRICE (THAT YOU PAID) FOR THE ROKU CHANNEL SUBSCRIPTION FOR THE PAST SIX MONTHS OR $50 USD (WHICHEVER IS MORE).

Qualifications & exceptions

• The cap applies to total liability from all causes of action and all theories of liability, and expressly includes implied warranties.
• The measure is the greater of the past six months of subscription purchase price and $50 USD.
• The cap operates "[t]o the extent permitted by law".

Not stated here

• For a user who pays nothing for The Roku Channel, the document does not explain how the subscription-price measure applies.

Cross-references

• has exception (model-proposed): These disclaimers and limits may not apply where local law forbids them — The same Exclusions sentence names jurisdictions that forbid the exclusion or limitation of liability for consequential or incidental damages, so the six-month or 50 USD cap may not apply there.

Legal Rights & Agreement Rules · Restriction or exception

These disclaimers and limits may not apply where local law forbids them

The document acknowledges that some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, and states that the disclaimers and limitations set out above may therefore not apply to a given user.

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

• The concession is limited to jurisdictions that do not allow those exclusions or limitations.
• Only the disclaimers and limitations stated above are affected.

Not stated here

• The terms do not identify which jurisdictions or which specific provisions are affected.

Cross-references

• exception to (model-proposed): The Roku Channel is provided "AS IS" with implied warranties disclaimed — The Exclusions section says jurisdictions that do not allow the exclusion of certain warranties may see the disclaimers above not applied, which limits the AS IS disclaimer to the extent local law permits.
• exception to (model-proposed): Total liability is capped at six months of subscription fees or $50, whichever is more — The same Exclusions sentence names jurisdictions that forbid the exclusion or limitation of liability for consequential or incidental damages, so the six-month or 50 USD cap may not apply there.
• exception to (model-proposed): Indirect, punitive and unforeseeable losses are excluded when the law permits — The exclusion of indirect, special, consequential, exemplary and punitive damages applies only when permitted by law, which the Exclusions section restates for jurisdictions that forbid it.

Legal Rights & Agreement Rules · Restriction or exception

Disputes about your Roku account or any Roku product go to arbitration

All claims arising out of or relating to the user's Roku account or any Roku product or service are to be resolved exclusively through arbitration, according to the linked Dispute Resolution Terms, rather than in court.

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.

Qualifications & exceptions

• The scope covers claims arising out of or relating to the Roku account or any Roku product or service, so it reaches disputes beyond The Roku Channel.
• Arbitration is required unless the user opted out or another exception applies.
• The arbitration rules sit in the separate Dispute Resolution Terms, which are not supplied with this document; how to opt out and what the other exceptions are is therefore unknown here.

Not stated here

• The linked Dispute Resolution Terms are not part of this source, so the opt-out mechanism, deadlines and the other exceptions are unknown from this document.

Cross-references

• narrows (model-proposed): Accepting these terms also means binding arbitration and auto-renewing subscriptions — The front-matter acknowledgement of binding arbitration is made specific by the Arbitration of Disputes section, which states the scope, the individual-claims-only rule and the opt-out or other-exception qualification.
• has exception (model-proposed): Court claims, if any, are heard only in Northern California — The exclusive-arbitration rule is paired with a court venue agreement that applies if, for any reason, a claim proceeds in court rather than in arbitration, so arbitration is not presented as universal.

Legal Rights & Agreement Rules · Restriction or exception

Claims must be brought individually, not as a class or representative action

Both parties agree that all claims may only be conducted on an individual basis and not in a class, consolidated or representative action, so grouped or representative procedures are excluded from how a claim is brought.

Supporting quotations

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 restriction covers class, consolidated and representative actions specifically.
• It applies to "all claims", matching the scope of the arbitration clause in the same paragraph.

Legal Rights & Agreement Rules · Context

These terms are governed by Delaware law

These terms are governed by the laws of the State of Delaware, without regard to conflict of laws principles that could point to another jurisdiction's law.

Supporting quotations

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

Qualifications & exceptions

• Conflict of laws principles that would apply another jurisdiction's law are expressly disregarded.

Legal Rights & Agreement Rules · Procedure

Court claims, if any, are heard only in Northern California

Should a claim proceed in court rather than arbitration for any reason, the parties agree that exclusive jurisdiction and venue are either the federal court for the Northern District of California or state court in Santa Clara County, California.

Supporting quotations

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

Qualifications & exceptions

• The venue agreement applies only where a claim proceeds in court rather than in arbitration.
• The agreed venues are federal court in the Northern District of California or state court in Santa Clara County, California.

Cross-references

• exception to (model-proposed): Disputes about your Roku account or any Roku product go to arbitration — The exclusive-arbitration rule is paired with a court venue agreement that applies if, for any reason, a claim proceeds in court rather than in arbitration, so arbitration is not presented as universal.

Legal Rights & Agreement Rules · Restriction or exception

Only you and Roku have rights under these terms, and your rights are not transferable

These terms are stated to be between the user and Roku, and no other person has any right to enforce them on the user's behalf. The user's rights are also not transferable.

Supporting quotations

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

Qualifications & exceptions

• The bar is on enforcement by another person on the user's behalf, not on Roku enforcing the terms itself.
• Transfer of the user's rights is excluded without describing any exception.

Legal Rights & Agreement Rules · Company practice

Invalid terms are cut back, the rest survive, and delay is not a waiver

Each paragraph is intended to operate separately. If a court or relevant authority finds any terms invalid or unenforceable, those terms are to be enforced to the maximum extent permissible and the remaining terms stay in full force and effect. A delay or decision not to enforce does not mean Roku waived its rights or that the user need not comply.

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.

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

• An invalid or unenforceable term is enforced as far as permissible rather than dropped entirely.
• Survival covers "the remaining terms", not the trimmed-back provision itself.
• Non-enforcement covers both delay and a choice not to enforce.

Legal Rights & Agreement Rules · Company practice

Roku may change these terms, and continued use accepts the changes

Roku may amend these terms from time to time. For material changes it will post the revised terms on its website and may also notify the user through a Roku product or the Roku account. Using The Roku Channel after the changes take effect constitutes acceptance of them, and a user who does not agree to the new terms may not be able to continue using The Roku Channel with a 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 The Roku Channel with your Roku account.

Qualifications & exceptions

• Posting revised terms on the website is promised for material changes; notice through the product or account is optional.
• Acceptance arises from use after the changes go into effect, with no separate consent described.
• Disagreement with new terms is met by possible loss of continued use with a Roku account, stated as what "may" happen.

Not stated here

• The terms do not define what counts as a material change, how far ahead changes are posted, or how much advance notice users receive.

Cross-references

• contrast (model-proposed): Using The Roku Channel counts as accepting these terms — The opening treats any access as acceptance of the terms as they stand, while the General section lets Roku amend them and treat later use as acceptance of the revised text; together, continued use can bind a user to terms that did not exist at first acceptance.

Legal Rights & Agreement Rules · Procedure

Questions about these terms go to Roku's contact page

Anyone with questions about these terms is directed to Roku's contact page. No email address, postal address or response time is given in the document itself.

Supporting quotations

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

Qualifications & exceptions

• The only stated route is the linked contact page; the terms set out no direct address or expected response time.

Not stated here

• The linked contact page is not part of this source, so the available contact channels and any response commitments are unknown here.

Legal Rights & Agreement Rules · Context

These terms state an effective date of October 17, 2020

The document closes with "Effective: October 17, 2020", which is the only version date stated in it. No earlier version date or change history is given.

Supporting quotations

Effective: October 17, 2020

Qualifications & exceptions

• October 17, 2020 is the publisher's stated effective date; the document carries no version number or revision history.

Not stated here

• The document does not say whether it has been superseded by a later version published elsewhere.