These terms govern your access and use of The Roku Channel app, which is a streaming video service and app operated by Roku Inc. and/or its subsidiaries and affiliates. By accessing or using The Roku Channel app, you are accepting these terms. If you do not agree with these terms, you do not have the right to use the The Roku Channel app.
Certain features, functionality, and content 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 app.
Using The Roku Channel App
You may install and use the app on a compatible mobile device, only for personal, non-commercial purposes. Our Privacy Policy provides information on how we collect, use and disclose information from our users and their use of the app. You are responsible for ensuring system compatibility between your device and the app. If you violate any of these terms, we have the right to suspend or terminate your right to access your account and/or use the app. You may not:
copy, modify, adapt, distribute, translate, or create derivative works of the app;
decompile, disassemble, reverse engineer or otherwise try to derive the source code of the app (except to the extent such actions cannot be prohibited under applicable law and then, only if it is essential to achieve inter-operability with other software, is done only to achieve such inter-operability, and is not disclosed or used to create any similar software);
engage in or facilitate any unauthorized access to or use of the app;
sell or transfer the app; or
disable, bypass, circumvent, or interfere with any security mechanism or access control measures.
Access to the app requires an internet connection. Data charges may apply, depending on your data plan, which is your responsibility to pay. The display quality of streaming content on the app can vary by device and is affected by many factors, including your internet speeds, WiFi strength, and location.
Streaming Content
Content on The Roku Channel app is intended for your personal, non-commercial use only. To access premium content on The Roku Channel, you will need to login to your Roku account. Some content and services may be provided by other content providers, which may be subject to their own terms and policies, including privacy and data gathering practices. Those terms and policies will apply (and you are obligated to abide by them) when you access their content through the app.
We may update, add, or remove content, and/or content providers from time to time (possibly without notice to you). We reserve the right to restrict (or remove) access to the app (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 app 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.
Restrictions
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. Certain content is only available in those countries where The Roku Channel app has been authorized to be broadcast. If you attempt to access content outside of these countries, the rights granted under these terms will not apply. Some content providers may use technologies to determine or verify your location, and you may not be able to access The Roku Channel app outside of your designated country. You are responsible for complying with any applicable laws that apply to your use of the app.
Copyright & Content Takedown
If you believe in good faith that certain content appearing on our website or through our products and services infringes upon your copyright, other proprietary rights, or contains prohibited or illegal content, send us a content takedown notice.
Advertising and Promotional Messages
Roku (and/or its partners and content providers) may display advertising and promotional messages on The Roku Channel app. We do not make (or imply) any endorsement or recommendation about the advertisers’ products or services. Any interaction you have with these advertisers is entirely at your own risk and between you and the advertiser. Roku is not responsible or liable for your interaction with those advertisers or their products and services.
Software Updates
From time to time, the app may require an update. Updates include things like bug fixes, improvements to the user interface or how you access content, for security purposes, and other changes that may add, change, or remove certain features and functionality. Updates are necessary to maintain the operation and functionality of the app and/or compatibility with other content or services.
Roku’s Proprietary Rights
The Roku Channel app 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). 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 app.
Disclaimers
The Roku Channel app is provided “AS IS” and on an “AS AVAILABLE” basis and to the maximum extent permitted by applicable law, WE DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the services provided by the app will meet your requirements or will be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality of any information or content provided through the app.
Limitation of Liability
WHEN PERMITTED BY LAW, WE WILL NOT BE RESPONSIBLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE PURCHASE PRICE (THAT YOU PAID) FOR THE APP OR $10 USD (WHICHEVER IS MORE). IN ALL CASES, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Exclusions
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.
Arbitration of Disputes
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).
Governing Law, Jurisdiction and Venue
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.
General
Use of The Roku Channel app is subject to the following app store notice. 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. 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. These terms may be amended by us from time to time. If we make material changes to these terms, we will post the revised terms in the app and may also notify you through our website or your Roku account. Your use after the changes go into effect will constitute your acceptance of those changes. If you do not agree to the new terms, you may not be able to continue using the app with your Roku account.
Contacting Us
If you have any questions about these terms, you can contact us.
Effective: October 1, 2022