Legal statement
Please note—your access and use of streaming content and channels via the
Hisense • Roku TV
are governed by the
Hisense • Roku TV
End
User Agreement (see below). For the avoidance of doubt, the content disclaimer set forth herein shall refer to all content and channels
accessible and available on the
Hisense • Roku TV
, including those available via the Roku® streaming platform, as well as broadcast cable.
Due to the various capabilities of the
Hisense • Roku TV
, as well as limitations in the available content available therein, certain features,
applications, and services may not be available on all
Hisense • Roku TV
s, or in all territories. Some features on the
Hisense • Roku TV
may also
require additional peripheral devices or membership fees that are sold separately. Please visit the Hisense or Roku, Inc. websites for more
information on the
Hisense • Roku TV
and content availability. The services and availability of content on the
Hisense • Roku TV
are subject to
change from time to time without prior notice.
All content and services accessible through the
Hisense • Roku TV
belong to third parties and are protected by copyright, patent, trademark
and/or other intellectual property laws. Such content and services are provided solely for your personal non-commercial use. You may not use
any content or services in a manner that has not been authorized by the content owner or service provider. Without limiting the foregoing, you
may not modify, copy, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium
any content or services displayed through the
Hisense • Roku TV
.
You expressly acknowledge and agree that your use of the
Hisense • Roku TV
is at your sole risk and that the entire risk as to satisfactory
quality, performance and accuracy is with you. The
Hisense • Roku TV
and all third party content and services are provided “as is” without
warranty of any kind, either express or implied. Hisense and Roku expressly disclaims all warranties and conditions with respect to the Hisense
• Roku TV
content and services, either express or, implied, including but not limited to, warranties of merchantability, of satisfactory quality,
fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. Hisense and Roku do not guarantee
the accuracy, validity, timeliness, legality, or completeness of any content or service made available through the
Hisense • Roku TV
and does
not warrant that the
Hisense • Roku TV
, content or services will meet your requirements, or that operation of the
Hisense • Roku TV
will be
uninterrupted or error-free. Under no circumstances, including negligence, shall Hisense or Roku be liable, whether in contract or tort, for any
direct, indirect, incidental, special or consequential damages, attorney fees, expenses, or any other damages arising out of, or in connection
with, any information contained in, or as a result of the use of the device, or any content or service accessed by you or any third party, even if
advised of the possibility of such damages.
Third party services may be changed, suspended, removed, terminated or interrupted, or access may be disabled at any time, without notice,
and Hisense and Roku makes no representation or warranty that any content or service will remain available for any period of time. Content
and services are transmitted by third parties by means of networks and transmission facilities over which Hisense and Roku have no control.
Without limiting the generality of this disclaimer, Hisense and Roku expressly disclaims any responsibility or liability for any change,
interruption, disabling, removal of or suspension of any content or service made available through the
Hisense • Roku TV
. Hisense, Roku, the
content providers, or the service providers may impose limits on the use of or access to certain services or content, in any case and without
notice or liability. Any questions or requests for service relating to the content or services made available on the
Hisense • Roku TV
should be
submitted to the respective cable content or service provider or as described in the
Hisense • Roku TV
User Guide.
In the event of a conflict between the Hisense
• Roku TV
End User Agreement and the terms set forth in this Legal Disclaimer, the
Hisense •
Roku TV End User Agreement shall prevail and control in all circumstances.
Hisense • Roku TV End User Agreement
IMPORTANT: READ THIS AGREEMENT CAREFULLY IF YOU HAVE ANY
HISENSE • ROKU TV
. ALSO REVIEW
THE IMPORTANT PRODUCT INFORMATION GUIDE BEFORE POWERING UP YOUR
HISENSE • ROKU TV
FOR
THE FIRST TIME.
Purpose and Scope of Agreement
This
Hisense • Roku TV
End User Agreement (“
Agreement
”) is the legal agreement between you (“
You
”), on the one hand, and Roku, Inc.
(“
Roku
”) and Hisense Company Ltd. (“
Hisense
”) on the other hand (Roku and Hisense collectively referred to as “
We
”, “
Us
” or “
Our
”),
governing Your use of: (i) the firmware and software that We have pre-installed on the television that You have purchased which uses the Roku
platform to play digital content distributed over the Internet (“
Television
”), and the firmware and software updates Roku makes available for
the Television (such firmware, software and updates, collectively, the “
Software
”); (ii) the Roku Channel Store that is accessible via the
Television’s on-screen menu (“
Channel Store
”); and (iii) if downloaded by You to a mobile device, any Roku mobile application and updates
thereto (collectively, “
Mobile App
”). By establishing an account at owner.roku.com (a “
Roku Account
”), using the Television, and/or
downloading or using a Mobile App, You are agreeing to be bound by the terms and conditions of this Agreement. If You do not agree to these
terms and conditions, You are not granted any right to use the Software or any Mobile Apps or the right to access the Channel Store. If You do
not agree to these terms and conditions and You are within the allowable time period for returns under the applicable return policy, You may
return the Television to the place where You obtained it for a refund, in accordance with the terms of such return policy. If You do not agree to
69