EliYah.com Roku Channel
These terms govern your access and use of The EliYah.com Roku Channel. The EliYah.com Roku Channel is a streaming video service operated by Eliyah.com. By accessing or using The EliYah.com Roku Channel, you are accepting these terms. If you do not agree with these terms, you may not access The EliYah.com Roku Channel.
Certain features, functionality, and content made available to you through The EliYah.com Roku Channel 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 EliYah.com Roku Channel.
Using The EliYah.com Roku Channel
You may only access The EliYah.com Roku Channel through Roku-compatible devices and other authorized video players.
Access to The EliYah.com Roku Channel 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 EliYah.com Roku Channel can vary by device and is affected by many factors, including your internet speeds, WiFi strength, and location.
EliYah.com provides access to content on The EliYah.com Roku Channel that is intended for your personal, non-commercial use only. Some content and services on The EliYah.com Roku Channel 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 EliYah.com Roku Channel.
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 EliYah.com Roku Channel (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 EliYah.com Roku Channel if we believe it is necessary to protect EliYah or our content providers and partners from what we believe to be fraudulent, improper, or illegal activity.
You are responsible for enabling the content access controls on The EliYah.com Roku Channel so that any age-restricted content is not viewed by persons not meeting the applicable age limits, as specified by law, regulation, or the content provider.
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 on the contact form on the home page of the website.
Advertising and Promotional Messages
EliYah (and/or its partners and content providers) may display advertising and promotional messages on The EliYah.com Roku Channel. 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. EliYah is not responsible or liable for your interaction with those advertisers or their products and services.
Subscriptions (if any)
Subscriptions to content on The EliYah.com Roku Channel are managed through your Roku account. Certain restrictions may apply to these offers (such as content may be accessible only within The EliYah.com Roku Channel, only on Roku devices, or only in certain geographic locations), which will be provided in the offer terms.
Recurring subscriptions will automatically renew until you cancel. You must cancel your subscription before it renews to avoid the billing of the next subscription term’s fees to your account. We may set your subscriptions on The EliYah.com Roku Channel so that they all have the same billing cycle and the first billing period for additional subscriptions may be prorated to the same billing date as your current subscription(s). No refunds are given for partial term cancellations. If you cancel a subscription before the subscription period ends, your subscription (and your access to its content) will continue until the subscription period ends (it will not automatically renew in this case). Go to support for information on how to manage or cancel a subscription.
Roku’s Proprietary Rights
The EliYah.com Roku Channel is proprietary to EliYah (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 EliYah (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 EliYah.com Roku Channel or from any content provided via The EliYah.com Roku Channel.
The EliYah.com Roku Channel 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 EliYah.com Roku Channel 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 EliYah.com Roku Channel.
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 ELIYAH.COM ROKU CHANNEL SUBSCRIPTION FOR THE PAST SIX MONTHS OR $50 USD (WHICHEVER IS MORE). IN ALL CASES, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
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.
These terms are between you and EliYah 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 on our website and may also notify you through your Roku product 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 EliYah.com Roku Channel with your Roku account.