TCL 28S3750 Скачать руководство пользователя

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code of, modify, or create derivative works   of the   Mobile   Apps,   or of any updates thereto or any part thereof (except as and only to the extent
any foregoing   restriction is prohibited by applicable   law or to the   extent as may be   permitted by the   licensing   terms governing use of any
Separately Licensed Code   included with a   Mobile   App). Any   attempt to do so is a   violation of the   rights of Roku and its licensors. If You breach
this restriction, You may be subject   to prosecution and damages.   The terms of   this license will govern any upgrades provided by Roku   to   a
Mobile App, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

Consent to Use of Data

You agree that Roku or a   third party contracted by Roku, may collect and use technical and usage data   and related information, including   but
not limited   to, information about Your   device, system and software, peripherals and Mobile App usage that is gathered periodically to facilitate
the provision of   updates, product   support   and other   services (if   any)   to You related to the Mobile App.   Roku may use this and other   information
it collects about You   as described   in   its Privacy Policy, available at www.roku.com/about/privacy.

Export Controls

You agree not to download any Content, Mobile App, or   Software, nor   otherwise export   or   re-‐export the   Television or Mobile   Apps or the
Software into (or to a   national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria   or any other country as to which the United States has
embargoed goods, or to anyone   on the   U.S. Treasury   Department's List of Specially   Designated Nationals or the   U.S. Commerce   Department's
Table of Denial Orders. By using the Television, the Channel Store, the Software or the Mobile Apps,   You are   representing   and warranting   that
You are not located in, under the control of, or a   national or resident of any such country or on any such list.

Roku Reserves the Right to Change Policies and Web Pages

The policies and other content of the Roku web pages referred to in this Agreement may be changed by Roku from time to time in its sole
discretion, without notice to You.

Dispute Resolution by Binding Arbitration, with Class Action Waiver and Choice of Law

You   and   Roku   agree to   be bound   by the procedures set forth below to resolve any and   all claims   arising   out of or relating   to any
aspect of the   relationship between You and Roku,   whether based in contract,   statute, tort, fraud, misrepresentation or   any other
legal   theory, including but not limited to, claims relating to this Agreement, its formation, enforceability, performance or breach,
and claims   related to advertising, the Software, the Television, the Channel Store or   the Mobile Apps (as applicable).   Each such claim
is referred to individually as “Claim”   and collectively as “Claims”.

YOU AND ROKU AGREE THAT, EXCEPT FOR THE CLAIMS IDENTIFIED IN PARAGRAPH 4 BELOW, ANY AND ALL CLAIMS BETWEEN
YOU AND ROKU SHALL BE FINALLY SETTLED BY BINDING ARBITRATION

. The arbitration shall take place in Santa Clara County,

California, and   shall be administered by   the American Arbitration Association (“AAA”) pursuant to the AAA’s   then-‐current rules,
including (if applicable) the AAA’s Supplementary Procedures for   Consumer-‐Related   Disputes. Please be aware there is no   judge or
jury in arbitration.   Arbitration procedures are simpler and more limited than the rules applicable in court, and review of the
arbitrator’s decision by a court is limited

. YOU AND ROKU FURTHER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER

ONLY ON AN   INDIVIDUAL BASIS AND   NOT AS A   PLAINTIFF OR CLASS MEMBER IN   ANY PURPORTED   CLASS OR REPRESENTATIVE
ACTION   OR   PROCEEDING.   THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S CLAIM AND MAY NOT
PRESIDE OVER   ANY CONSOLIDATED, REPRESENTATIVE OR   CLASS PROCEEDING. ALSO,   THE ARBITRATOR MAY AWARD RELIEF
(INCLUDING MONETARY, INJUNCTIVE OR DECLARATORY RELIEF) ONLY ON   AN   INDIVIDUAL BASIS   AND MAY   NOT AWARD ANY
FORM OF   CONSOLIDATED,   REPRESENTATIVE OR CLASS-‐WIDE RELIEF.

Notwithstanding any provision in these terms to the contrary,

if the class-‐action waiver in this provision   is deemed invalid or   unenforceable,   or if an arbitration of a Claim between   You   and   Roku   is
allowed to proceed on   a class basis,   then neither You   nor Roku are   entitled to arbitrate   such Claim.   This arbitration provision   is
subject to the Federal Arbitration Act. The arbitrator’s   award shall be binding on   You and Roku, and may be entered in any court of
competent jurisdiction.

Information on AAA and how arbitration is initiated can be found at www.adr.org or by calling 800-‐778-‐7879. For Claims between
You and Roku of $75,000 or less, You   will be responsible for the initial arbitration   filing fee, up   to   the amount of the initial filing fee if
You were to initiate a lawsuit against Roku based on such Claims   in court. If the arbitrator finds   such Claims   to be non-‐frivolous,
Roku   will pay any difference in   such filing fees plus the arbitrator   fees.   For   Claims between   You   and   Roku   in excess of $75,000, if You
are   able   to demonstrate   that the   costs of arbitration will be   prohibitive   as compared to the costs   of litigation, Roku will pay   as   much
of Your actual filing fees and the arbitrator   fees for   the arbitration as the arbitrator   deems necessary to prevent   the arbitration from
being cost-‐prohibitive as compared   to   the cost of litigation.

This agreement to arbitrate does not apply to any Claim (i) in which a party is attempting to   protect its intellectual property rights
(such as its patent, copyright, trademark, trade secret, or   moral rights, but   not   including its privacy or   publicity rights), or (ii) that
may be brought in small-‐claims   court.

If the agreement between You and Roku   to   arbitrate in   this provision   is found   to   be invalid, unenforceable or inapplicable to   a given
Claim between   You   and   Roku, then   any and   all proceedings to   resolve such   Claim must be brought exclusively in   a federal court of
competent jurisdiction in the Northern District   of   California or   in a state court   in Santa Clara County, California.   You hereby
irrevocably consent to the exclusive jurisdiction and venue of such courts.

30-‐Day Right to Opt Out:

You have the right to opt out of this agreement to arbitrate by sending a written notice of Your decision to

opt out to the following address: Legal Department, Roku Inc., 12980 Saratoga Avenue, Suite D., Saratoga, California 95070;
provided that, such notice shall be postmarked on or before the 30

day after the first to occur of the following events: (i) the

purchase of Your Television, (ii) Your receipt of the Television, (iii) the establishment of a new Roku Account if You do not already
have a Roku Account prior to using Your Television, (iv) using or accessing the Channel Store, or (v) using, accessing or downloading