The points below apply when you download the app from an app store
The notice introduces its list of points as applying when you download Roku's app from an app store, and it names the Apple App Store and Google Play only as examples ('such as'). The list is therefore not limited to those two stores, and the notice does not address apps obtained by any other route.
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Supporting quotations
When you download our app from an app store, such as the Apple App Store or Google Play, please note that:
Qualifications & exceptions
'Such as the Apple App Store or Google Play' makes those stores examples, not the only ones the points cover.
Not stated here
The notice does not name the app or say which other app stores it covers.
Legal Rights & Agreement Rules · Context
Your terms are concluded with Roku, not the app store, and Roku is responsible for the app
The notice says the terms are concluded between you and the company publishing the app ('us') and not with the app store, and that the company, not the app store, is responsible for the app. It does not describe the app or the obligations that the separate terms impose.
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Supporting quotations
these terms are concluded between us, and not with the app store, and we are responsible for the app (not the app store)
Not stated here
The text identifies the other party only as 'us' and does not name the company or the app in its wording; the publisher shown by the source address is Roku.
Cross-references
contrast (model-proposed): The app store can enforce your app licence terms as a third-party beneficiary — The notice puts the app store outside the contract and outside responsibility for the app, yet the final point gives the app store and its subsidiaries standing to enforce the app licence terms against you as third-party beneficiaries. Read together, the store is not a party with duties, but it keeps an enforcement right limited to your licence of the app.
Legal Rights & Agreement Rules · Restriction or exception
The app store has no obligation to provide maintenance or support for the app
The notice states that the app store has no obligation to furnish any maintenance and support services for the app. It does not say whether the company itself offers maintenance or support, or on what conditions.
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Supporting quotations
the app store has no obligation to furnish any maintenance and support services for the app
Not stated here
The notice says nothing about maintenance or support coming from Roku itself.
Legal Rights & Agreement Rules · Restriction or exception
The app store does not address claims about the app, including product-liability and consumer-protection claims
The notice says the app store is not responsible for addressing claims you have, or claims of any third party, relating to the app or to your possession and use of the app. The wording gives as examples, without limiting the list, product liability claims, claims that the app fails to conform to a legal or regulatory requirement, and claims under consumer protection or similar legislation.
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Supporting quotations
the app store is not responsible for addressing any claims you have or any claims of any third party relating to the app or your possession and use of the app, including, but not limited to: (1) product liability claims; (2) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation
Qualifications & exceptions
The listed claim types are expressly non-exhaustive ('including, but not limited to').
It covers claims relating to the app or to your possession and use of it, whether they are yours or a third party's.
Not stated here
The notice does not say who, if anyone, addresses those claims.
Cross-references
contrast (model-proposed): On a warranty failure the app store refunds the price and Roku carries the other warranty claims — The warranty point has the app store refund the purchase price when the app fails to conform to a warranty, while the claims point says the app store is not responsible for addressing claims about the app, including consumer-protection claims. Read together they describe different things: a single refund route for warranty non-conformance, and no duty to handle claims for other failures, with the remaining warranty liability placed on the company.
Legal Rights & Agreement Rules · Restriction or exception
You represent that you are not in an embargoed country or on a prohibited-party list
The notice has you represent that you are not located in a country that is subject to an embargo or has been designated a "terrorist supporting" country, and that you are not on any list of prohibited or restricted parties kept by the US government or by your own country's government.
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Supporting quotations
you are representing that you are not located in a country that is subject to an embargo, that has been designated as a "terrorist supporting" country, or is on any list of prohibited or restricted parties, by the US government or your country’s government
Qualifications & exceptions
The lists and designations named are those of the US government or your own country's government.
Not stated here
The notice does not state any consequence of the representation being inaccurate.
Legal Rights & Agreement Rules · Restriction or exception
You must comply with applicable third-party terms of service when using the app
The notice requires you to comply with all applicable third-party terms of service when using the app. It does not name those terms, the parties that set them, or any consequence of non-compliance.
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Supporting quotations
you must also comply with all applicable third-party terms of service when using the app
Not stated here
The notice does not identify the third-party terms or their parties.
Legal Rights & Agreement Rules · Permission or license
The app store can enforce your app licence terms as a third-party beneficiary
The notice says the app store and its subsidiaries are third party beneficiaries of 'these terms' as it relates to your licence of the app, and that on your acceptance the app store will have the right, and is deemed to have accepted the right, to enforce those terms against you as a third party beneficiary.
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Supporting quotations
the app store, and its subsidiaries, are third party beneficiaries of these terms as it relates to your license of the app, and that, upon your acceptance of the terms and conditions of these terms, the app store will have the right (and will be deemed to have accepted the right) to enforce these terms as related to your license of the app against you as a third party beneficiary thereof
Qualifications & exceptions
The beneficiary right covers 'these terms as it relates to your license of the app', not every statement in this notice.
The right is given to the app store and its subsidiaries.
Not stated here
The licence terms referred to as 'these terms' are not included in this notice.
Cross-references
contrast (model-proposed): Your terms are concluded with Roku, not the app store, and Roku is responsible for the app — The notice puts the app store outside the contract and outside responsibility for the app, yet the final point gives the app store and its subsidiaries standing to enforce the app licence terms against you as third-party beneficiaries. Read together, the store is not a party with duties, but it keeps an enforcement right limited to your licence of the app.