Thursday, March 26, 2015

This clause seems to be over on the evil side of the spectrum of Terms and Conditions

Roku reserves the right to amend this Agreement at any time, in whole or in part, in its sole discretion. Such amendments shall be effective immediately upon posting of the amended Agreement on Roku’s website at www.roku.com, via the Player, or within any Mobile App. In its sole option, Roku may also notify You of the amended Agreement by sending a notice to the last email address You have provided to Roku. You agree to provide accurate and complete information when You establish Your Roku Account, and You agree to promptly update Your account information (including contact information) to keep it accurate and complete. Following the posting of the amended Agreement by any of the methods described above, continued use of Your Player or any Mobile App, or continued access to Your Roku Account, constitutes Your express agreement to be bound by the terms and conditions of the amended Agreement.
So Roku can change the Terms and Conditions of their service at any time without notice and continuing to use the service constitutes agreement to the new terms.  Uninformed consent.  The only way a person could possibly have informed consent would be to download and read the Roku Terms and Conditions (a 21-page PDF) every time they went to use their Roku, and, I guess, every few minutes throughout usage.  It's hard to imagine that being legally enforceable but then I don't really have a sick and twisted enough imagination to be a lawyer.

Another fun gotcha term:
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 30th  day after the first to occur of the following events: (i) the purchase of Your Player, (ii) Your receipt of the Player, (iii) the establishment of a new Roku Account if You do not already have a Roku Account prior to using Your Player, (iv) using or accessing the Channel Store, or (v) using, accessing or downloading the Software or any Mobile App. Your notice should include Your full name, Your current postal
Do I actually need to go read the privacy section or is it safe to assume Roku is selling every data point they collect in spammer auction houses?

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