The Roku Channel Terms of Use

Roku · agreement dated October 17, 2020 · Official agreement

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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.

Details
Who
The user accessing or using The Roku Channel
What it covers
These Roku Channel Terms of Use
Condition
By accessing or using The Roku Channel
Exception
A person who does not agree with these 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.

Details
Who
The user and Roku (the parties to these terms)
What it does
Settle disputes by binding arbitration instead of going to court
What it does
Automatically renew recurring subscriptions and keep charging the account
Condition
Until the user cancels the subscription
Exception
Unless the user opted out or another exception applies

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

Also annotated in the same passage (1)

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.

Details
Who
Roku
What it does
Modify, suspend or remove certain features, functionality or content
When
At any time
Condition
Additional terms will be provided when the affected services are offered

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.

Account & Service Control · Restriction or exception

Access is limited to Roku-compatible devices; premium content needs a Roku account

The document limits how The Roku Channel may be reached: access is permitted only through Roku-compatible devices and other authorized video players. Premium content on The Roku Channel that requires a subscription additionally requires creating a Roku account.

Details
Who
The user
What it covers
Roku-compatible devices and other authorized video players
Condition
Premium content that requires a subscription requires a Roku account

Supporting quotations

You may only access The Roku Channel through Roku-compatible devices and other authorized video players.
To access premium content on The Roku Channel (that requires a subscription), you will need to create a Roku account.

Qualifications & exceptions

  • Only Roku-compatible devices and other authorized video players are permitted access.
  • A Roku account is required for premium (subscription) content specifically, not stated as required for all use of The Roku Channel.

Not stated here

  • The linked account-creation page is not part of this document; these terms do not say what information creating a Roku account involves.
Also annotated in the same passage (3)

Data Access & Collection · Context

Privacy practices are described in a separate linked Privacy Policy

These terms do not themselves set out Roku's information handling. They point to the Roku Privacy Policy as the document that provides information on how Roku collects, uses and discloses information from its users and their use of The Roku Channel.

Details
Who
Roku
What it covers
Information from Roku users and their use of The Roku Channel
Why
Information on collection, use and disclosure is provided in the separate Privacy Policy

Supporting quotations

Our Privacy Policy provides information on how we collect, use and disclose information from our users and their use of The Roku Channel.

Qualifications & exceptions

  • The referenced Privacy Policy is a separate linked document and is not part of The Roku Channel Terms of Use; nothing about its actual practices can be read from these terms alone.

Not stated here

  • The linked Privacy Policy was not supplied with this document, so its collection, use and disclosure terms are unknown in this analysis.
Also annotated in the same passage (3)

Account & Service Control · Restriction or exception

Violating these terms lets Roku suspend or terminate your access

If a user violates any of these terms, Roku states it has the right to suspend or terminate that user's access to The Roku Channel.

Details
Who
Roku
What it does
Suspend or terminate access to The Roku Channel
Condition
The user violates any of these terms

Supporting quotations

If you violate any of these terms, we have the right to suspend or terminate your access to The Roku Channel.

Qualifications & exceptions

  • The trigger is a violation of any of the terms as written, with no cure period or notice described.
  • Roku may suspend or terminate; it is not stated that it must, or that this is limited to the affected content.
Also annotated in the same passage (3)

Security & Safeguards · Restriction or exception

Users may not enable unauthorized access or defeat DRM, security or access controls

The list of things a user "may not" do closes The Roku Channel use section with two prohibitions: engaging in or facilitating any unauthorized access to or use of The Roku Channel, and disabling, bypassing, circumventing or interfering with any digital rights management mechanism, security mechanism or access control measures.

Details
Who
The user of The Roku Channel
What it does
May not engage in or facilitate unauthorized access, or disable, bypass, circumvent or interfere with DRM, security or access controls
What it covers
Unauthorized access to The Roku Channel; digital rights management, security and access control mechanisms

Supporting quotations

You may not:
engage in or facilitate any unauthorized access to or use of The Roku Channel; or
disable, bypass, circumvent, or interfere with any digital rights management mechanism, security mechanism or access control measures.

Qualifications & exceptions

  • The first prohibition reaches facilitating another party's unauthorized access or use, not only the user's own.
  • The second prohibition covers disabling, bypassing, circumventing or interfering with DRM, security mechanisms or access control measures, whatever the user's purpose.
Also annotated in the same passage (3)

Charges & Financial Obligations · Restriction or exception

Your internet connection and any data charges are your own responsibility

The Roku Channel requires an internet connection to reach, and the document puts the cost of that connection on the user: data charges may apply depending on the user's data plan and are the user's responsibility to pay.

Details
Who
The user
What it does
Pay any data charges incurred
Condition
Access requires an internet connection and charges depend on the user's data plan

Supporting quotations

Access to The Roku Channel requires an internet connection.
Data charges may apply, depending on your data plan, which is your responsibility to pay.

Qualifications & exceptions

  • Data charges depend on the user's own data plan, so whether any charge arises depends on that plan.
  • Responsibility to pay is the user's, not Roku's.
Also annotated in the same passage (1)

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.

Details
What it covers
Display quality of streaming content
Condition
Varies by device and is affected by internet speeds, WiFi strength and location

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.
Also annotated in the same passage (1)

Content & IP Rights · Restriction or exception

Channel content is provided for personal, non-commercial use only

Roku states that the content it provides access to on The Roku Channel is intended for the user's personal, non-commercial use only.

Details
Who
The user
What it covers
Content on The Roku Channel
Exception
Commercial use is outside the stated intended use

Supporting quotations

Roku provides access to content on The Roku Channel that is intended for your personal, non-commercial use only.

Qualifications & exceptions

  • The limit is described as how the content is intended, and covers personal, non-commercial use.
  • The terms do not state separately what happens if content is used commercially.
Also annotated in the same passage (1)

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.

Details
Who
Other content providers
What it covers
Their own terms and policies, including privacy and data gathering practices
Condition
They apply when the user accesses 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.
Also annotated in the same passage (1)

Content & IP Rights · Company practice

Roku may add, update or remove content and providers, possibly without notice

Roku may update, add or remove content and/or content providers from time to time, and the document acknowledges this may happen possibly without notice to the user.

Details
Who
Roku
What it does
Update, add or remove content and/or content providers
When
From time to time, possibly without notice to the user

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 occur "possibly without notice to you"; notice is not promised.
  • Removal is described as affecting content and/or content providers, not necessarily the user's account.
Also annotated in the same passage (1)

Security & Safeguards · Restriction or exception

Roku may restrict or suspend access to protect accounts, licensing and partners

Roku reserves the right to restrict or remove access to The Roku Channel or to certain content when it has reason to believe the user's Roku account has been hacked, stolen or compromised, or that the content is not properly authorized or licensed in the user's country or violates applicable law. It may also suspend access when it believes that is necessary to protect Roku or its content providers and partners from what it believes to be fraudulent, improper or illegal activity.

Details
Who
Roku
What it does
Restrict, remove or suspend access to The Roku Channel or certain content
Condition
Reason to believe the account was hacked, stolen or compromised, or content is unauthorized, unlicensed in that country or unlawful
Condition
Roku believes suspension is necessary to protect it or its providers and partners from believed fraudulent, improper or illegal activity

Supporting quotations

We reserve the right to restrict (or remove) access to The Roku Channel (or to certain content) if we have reason to believe that your Roku account has been hacked, stolen, or compromised, or that the content is not properly authorized or licensed in your country or violates applicable law.
We may also suspend your access to The Roku Channel if we believe it is necessary to protect Roku or our content providers and partners from what we believe to be fraudulent, improper, or illegal activity.

Qualifications & exceptions

  • The account-based ground applies only where Roku "ha[ s] reason to believe" the account was hacked, stolen or compromised.
  • The content-based ground covers content not properly authorized or licensed in the user's country, or that violates applicable law.
  • The protective ground depends on Roku's own belief that suspension is necessary and on its own belief about the activity.
  • Restricting or removing access is described as covering The Roku Channel or certain content, while suspension is described as suspending access.

Not stated here

  • The terms state no notice, duration or reinstatement process for a restriction, removal or suspension.
Also annotated in the same passage (1)

Account & Service Control · Restriction or exception

You must enable content access controls for age-restricted content

The document puts the burden on the user to enable the content access controls on The Roku Channel so that age-restricted content is not viewed by people who do not meet the applicable age limits. Those age limits come from law, regulation or the content provider. It points to Roku support for instructions on enabling these settings on The Roku Channel or a Roku device.

Details
Who
The user
What it does
Enable content access controls on The Roku Channel
Why
Keep age-restricted content from people below the applicable age limits

Supporting quotations

You are responsible for enabling the content access controls on The Roku Channel so that any age-restricted content is not viewed by persons not meeting the applicable age limits, as specified by law, regulation, or the content provider.
Go to support for more information on how to enable these settings and controls on The Roku Channel or your Roku device.

Qualifications & exceptions

  • The applicable age limits are those "specified by law, regulation, or the content provider", so they can differ by source.
  • The obligation is to enable controls; the terms do not say Roku applies them by default.

Not stated here

  • Which controls exist and how they are configured is left to the linked support documentation, which is not part of this source.

Content & IP Rights · Restriction or exception

Copying or redistributing content is prohibited and you agree not to defeat the protections

Copying or redistribution of certain content is described as strictly prohibited, and the document says digital rights management or other technologies may be used to prevent or restrict copying or re-distributing of any content. The user agrees not to try to circumvent or avoid those technologies.

Details
Who
The user
What it covers
Copying or redistribution of content; DRM or other technologies used against copying
Exception
The prohibition targets certain content; the protective technologies may apply to any content

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

  • The prohibition is stated for "certain content" while the protection technologies are described as applying to "any content".
  • The user's undertaking is not to try to circumvent or avoid those protections.

Not stated here

  • The terms do not identify which content is covered by the copying and redistribution prohibition.
Also annotated in the same passage (2)

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.

Details
Where
Countries where The Roku Channel is authorized to broadcast; the user's designated country
Exception
Rights granted under these terms do not apply outside those countries
Condition
Some content providers may determine or verify location

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.
Also annotated in the same passage (2)

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.

Details
Who
The user
What it covers
Any applicable laws applying to 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.
Also annotated in the same passage (2)

Content & IP Rights · Company practice

Roku, partners and content providers may show advertising on The Roku Channel

Roku and/or its partners and content providers may display advertising and promotional messages on The Roku Channel.

Details
Who
Roku and/or its partners and content providers
What it covers
Advertising and promotional messages
Why
Displayed on The Roku Channel

Supporting quotations

Roku (and/or its partners and content providers) may display advertising and promotional messages on The Roku Channel.

Qualifications & exceptions

  • Advertising may come from Roku, its partners or its content providers, not only Roku.
  • The terms do not describe how much advertising appears, whether it can be avoided, or what it is based on.

Not stated here

  • Nothing in this document says whether advertising is targeted using user data; the linked Privacy Policy is not supplied.
Also annotated in the same passage (1)

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.

Details
Who
The user and the advertiser
What it does
Roku disclaims endorsement, responsibility and liability for advertiser interactions
Condition
Interactions are at the user's own risk and solely between the user and the advertiser

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.
Also annotated in the same passage (1)

Charges & Financial Obligations · Procedure

Subscriptions are managed through your Roku account and limited by the offer terms

Subscriptions to content on The Roku Channel are managed through the user's Roku account rather than inside these terms. The document warns that restrictions may apply to these offers, such as content being accessible only within The Roku Channel, only on Roku devices, or only in certain geographic locations, and says those restrictions will be provided in the offer terms.

Details
Who
The user, through their Roku account
What it covers
Subscriptions to content on The Roku Channel
Condition
Offer restrictions may apply and will be provided in the offer terms
Where
Some offers may be limited to certain geographic locations

Supporting quotations

Subscriptions to content on The Roku Channel are managed through your Roku account.
Certain restrictions may apply to these offers (such as content may be accessible only within The Roku Channel, only on Roku devices, or only in certain geographic locations), which will be provided in the offer terms.

Qualifications & exceptions

  • Management of a subscription happens in the Roku account.
  • Restrictions named are access only within The Roku Channel, only on Roku devices, or only in certain geographic locations.
  • Any such restrictions are stated to be provided in the offer terms, which are not supplied with this document.

Not stated here

  • The specific restrictions on any given subscription are set out in the offer terms, which are not part of this document, so they are unknown here.

Charges & Financial Obligations · Restriction or exception

You must cancel a free trial before it ends to avoid being charged

If a subscription includes a free trial, the document puts the duty on the user to cancel the subscription before the trial period ends in order to avoid being charged. It says cancelling in time is ultimately the user's responsibility.

Details
Who
The user with a subscription that includes a free trial
What it does
Cancel before the trial period ends
Condition
To avoid being charged

Supporting quotations

If your subscription includes a free trial, you must cancel the subscription before the trial period ends to avoid being charged.
it is ultimately your responsibility to cancel a free trial before it ends (to avoid any charges)

Qualifications & exceptions

  • The duty applies only where the subscription includes a free trial.
  • Cancelling must happen before the trial period ends to avoid charges.
  • Responsibility to cancel in time rests on the user even though Roku may send a notice.
Also annotated in the same passage (1)

Charges & Financial Obligations · Context

No reminder before a free trial ends is promised

The document states that notification before a free trial ends is optional: the user may or may not be told the trial is about to end. There is therefore no promised reminder before charging begins.

Details
Who
Roku
What it does
May or may not notify the user that a free trial is ending

Supporting quotations

You may (or may not) be notified that your free trial is about to end

Qualifications & exceptions

  • Notification is described as something Roku "may (or may not)" give, so it is not promised.

Not stated here

  • Whether any particular subscription sends a trial-end notice, and by what channel, is not stated.
Also annotated in the same passage (1)

Charges & Financial Obligations · Company practice

Recurring subscriptions renew automatically and keep charging until you cancel

Recurring subscriptions automatically renew until the user cancels, and the account is charged the next subscription term's fees unless the user cancels before renewal.

Details
Who
The user
What it does
Cancel before renewal to avoid the next term's fees
When
Recurring subscriptions renew automatically until cancelled

Supporting quotations

Recurring subscriptions will automatically renew until you cancel. You must cancel your subscription before it renews to avoid the billing of the next subscription term’s fees to your account.

Qualifications & exceptions

  • Renewal is automatic and continues until cancellation.
  • Cancelling must occur before the renewal date to stop the next term's fees being billed to the account.

Cross-references

Also annotated in the same passage (2)

Charges & Financial Obligations · Company practice

Roku may align all your subscriptions to one billing date and prorate the first period

Roku may set a user's subscriptions on The Roku Channel so they all share the same billing cycle, and the first billing period for an additional subscription may be prorated to line up with the existing subscription's billing date. A shorter first period can therefore still be billed for its prorated length.

Details
Who
Roku
What it does
Align billing cycles and prorate the first period of additional subscriptions
When
The first billing period of an additional subscription

Supporting quotations

We may set your subscriptions on The Roku Channel so that they all have the same billing cycle and the first billing period for additional subscriptions may be prorated to the same billing date as your current subscription(s).

Qualifications & exceptions

  • The alignment is something Roku "may" do, not something it promises in every case.
  • Only the first billing period of an additional subscription is described as prorated.

Not stated here

  • The terms do not describe how a prorated first period is calculated for any given subscription.
Also annotated in the same passage (3)

Charges & Financial Obligations · Restriction or exception

No refund is given for cancelling part-way through a term

The document states flatly that no refunds are given for partial-term cancellations, so cancelling in the middle of a subscription period does not return money for the unused part of that period.

Details
Who
The user cancelling a subscription
What it covers
Refunds for partial term cancellations
Exception
None are given

Supporting quotations

No refunds are given for partial term cancellations.

Qualifications & exceptions

  • The rule addresses partial-term cancellations specifically; it does not describe any other refund situation, which these terms leave unstated.

Not stated here

  • The terms do not address refunds in any other circumstance, so no refund route can be read from this document.
Also annotated in the same passage (3)

Charges & Financial Obligations · Procedure

After cancelling you keep access until the period ends, with no further renewal

If the user cancels before the subscription period ends, the subscription and access to its content continue until the period ends, and it does not automatically renew afterwards. The document points to Roku support for how to manage or cancel a subscription.

Details
Who
The user cancelling before the period ends
When
Access continues until the subscription period ends
Condition
The subscription will not automatically renew

Supporting quotations

If you cancel a subscription before the subscription period ends, your subscription (and your access to its content) will continue until the subscription period ends (it will not automatically renew in this case).

Qualifications & exceptions

  • Access runs only to the end of the already-paid subscription period.
  • After that the subscription will not renew automatically in this case.

Not stated here

  • The cancellation interface itself is reached through Roku support or the account pages, which are not part of this document.

Cross-references

Also annotated in the same passage (2)

Content & IP Rights · Company practice

The Roku Channel is Roku's proprietary service and ungranted rights stay reserved

The document states The Roku Channel is proprietary to Roku and/or its licensors and is protected by copyright, trademark and other laws of the United States and other countries. Any rights not expressly granted to the user in these terms are reserved by Roku or its applicable licensors.

Details
Who
Roku or its applicable licensors
What it covers
The Roku Channel and rights not expressly granted in these terms
Where
United States and other countries

Supporting quotations

The Roku Channel 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).

Qualifications & exceptions

  • Protection is claimed under the copyright, trademark and other laws of the United States and other countries.
  • The reservation covers only rights not expressly granted in these terms, so any express grant elsewhere in the document governs that grant.
Also annotated in the same passage (1)

Content & IP Rights · Restriction or exception

You may not remove or obscure copyright and trademark notices

Users may not remove, alter or obscure copyright, trademark, service mark or other proprietary rights notices that are incorporated in or accompany The Roku Channel or any content provided through it.

Details
Who
The user
What it covers
Copyright, trademark, service mark or other proprietary rights notices
Exception
Applies to notices on The Roku Channel and on content provided through it

Supporting quotations

You may not remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying The Roku Channel or from any content provided via The Roku Channel.

Qualifications & exceptions

  • The prohibition covers removing, altering and obscuring.
  • It reaches notices incorporated in or accompanying The Roku Channel and any content provided via The Roku Channel.
Also annotated in the same passage (1)

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.

Details
Who
Roku
What it does
Disclaims implied warranties
Exception
To the maximum extent permitted by applicable law

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

Also annotated in the same passage (1)

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.

Details
Who
Roku
What it covers
Meeting requirements, uninterrupted or error-free availability, and quality of information or content
What it does
Makes no warranty

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.
Also annotated in the same passage (1)

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.

Details
Who
Roku
What it covers
Indirect, special, consequential, exemplary or punitive damages; losses that are not reasonably foreseeable
Exception
When permitted by law

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

Also annotated in the same passage (1)

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.

Details
Who
Roku
What it covers
Total liability to the user
Exception
Limited to six months of subscription purchase price or 50 USD, whichever is more
When
The past six months of the subscription

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

Also annotated in the same passage (1)

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.

Details
Where
Jurisdictions that do not allow such exclusions or limitations
Exception
The disclaimers and limitations above may not apply there
What it covers
Exclusion of certain warranties; exclusion or limitation of liability for consequential or incidental damages

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

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.

Details
Who
The user and Roku
What it does
Resolve claims exclusively through arbitration
Exception
Unless the user opted out or another exception applies

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

Also annotated in the same passage (1)

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.

Details
Who
The user and Roku
What it covers
Class, consolidated or representative actions
Exception
Claims may only be conducted on an individual basis

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.
Also annotated in the same passage (2)

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.

Details
Where
State of Delaware, United States
What it covers
These Roku Channel Terms of Use

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.
Also annotated in the same passage (1)

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.

Details
Where
Northern District of California federal court or Santa Clara County, California state court
Condition
Applies only if a claim proceeds in court rather than arbitration

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

Also annotated in the same passage (1)

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.

Details
Who
The user and Roku
What it covers
Enforcement by anyone else and transfer of the user's rights
Exception
No other person may enforce; user 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

  • 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.
Also annotated in the same passage (2)

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.

Details
Who
Roku and the user
Condition
If a court or relevant authority determines terms are invalid or unenforceable
Exception
Delay or non-enforcement is not a waiver

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.
Also annotated in the same passage (2)

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.

Details
Who
Roku
What it does
Amend these terms from time to time
Condition
Material changes are posted on the website and may also be notified through the product or account
When
Use after the changes go into effect counts as acceptance

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.
Also annotated in the same passage (2)

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.

Details
Who
The user with questions about these terms
What it does
Use the linked Roku contact page

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.

Details
When
Effective October 17, 2020
What it covers
The Roku Channel Terms of Use

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.