End User License Agreement and Terms of Service

Roland Cloud End User License Agreement and Terms of Service

Please read the following terms and conditions of use (the “Terms and Conditions”) which govern your use of, and access to, the (a) “Websites” located at https://www.rolandcloud.com/roland-account and https://rolandcloud.com/, including but not limited to its message boards, and (b) Roland cloud service and any other products and services available through the Websites or that reference these Terms and Conditions (collectively referred to herein as the “Service”) and your relationship with Roland Corporation U.S., its affiliates and subsidiaries, and all individuals and companies associated with the Service, including their successors in interests and assigns (collectively referred to as “Roland” or “We”). Your use of this Service means that you accept and agree to the Terms and Conditions. If you do not agree, do not use the Service.

We may change the Terms and Conditions from time to time and at any time upon notice to you, by posting such changes on the Websites or otherwise making them available to you through the Service. By using the Service following any modifications to these Terms and Conditions, you agree to be bound by any such modifications to the Terms and Conditions.

BY [CLICKING I ACCEPT/I AGREE] OR OTHERWISE ACCESSING, DOWNLOADING, INSTALLING AND/OR USING ALL OR ANY PORTION OF THE ROLAND CLOUD SERVICE, YOU ACCEPT AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, WHICH INCLUDE BUT ARE NOT LIMITED TO THE LIMITATIONS ON USE CONTAINED IN SECTION 6, LIMITATIONS ON LICENSE TRANSFERABILITY, AND THE DISCLAIMER OF WARRANTY AND LIMITATIONS ON LIABILITY IN SECTIONS 10 AND 11.

THIS AGREEMENT INCLUDES INFORMATION ABOUT AUTOMATIC SUBSCRIPTION RENEWALS AND YOUR ABILITY TO CANCEL YOUR SUBSCRIPTION AT ANY TIME, IN SECTION 3 BELOW.

IF YOUR SUBSCRIPTION INCLUDES A REDUCED PROMOTIONAL PRICE FOR A SPECIFIC PERIOD, YOUR REDUCED PRICE WILL END AT THE CLOSE OF THE STATED PROMOTIONAL PERIOD.  YOUR FURTHER USE OF THE ROLAND CLOUD SERVICE WILL BE UNDER THE STANDARD PRICING IN EFFECT AT THE TIME.  
 
ANY REFERENCES TO “YOU” AND “YOUR” REFER TO BOTH YOU AND SUCH PERSON AND LEGAL ENTITY ON WHOSE BEHALF YOU ACT, IF ANY.

1. Access to and Use of the Roland Cloud Service. This Agreement applies to your access and use of the Roland Cloud Service. Access to the Roland Cloud Service, including Product Content such as membership keys (“Membership Keys”), is subject to registration of an Account and your agreement to this Agreement.

In addition to this Agreement, the Roland Privacy Policy governs your access to and use of the Roland Cloud Service. You acknowledge and agree that by accessing or using the Roland Cloud Service, Roland may receive certain information about you, including personal information, and may collect, use and disclose such information in accordance with the Privacy Policy available at www.rolandcloud.com/roland-account/privacy.

2. Accounts.

In order to use the Roland Cloud Service, you are required to create an Account. For more information on creating an Account, please see Section 16, below. To be eligible to use the Roland Cloud Service, you must meet the following criteria and represent and warrant that you: (1) are not currently restricted from the Roland Cloud Service, or not otherwise prohibited from registering with Roland or having an Account, (2) are not using the Roland Cloud Service for reasons that are in competition with Roland; and (3) have full power and authority to enter into and agree to this Agreement and doing so will not violate any other agreement to which you are a party.  Roland reserves the right to immediately terminate and disable or delete your Account and any related Membership Keys if you violate the Terms of Use or this Agreement.

3. Membership Keys.

a. Subscription Membership Keys. Access to the Roland Cloud Service, including certain Product Content, is offered under various subscription plans (each, a “Subscription”).  Payments are due either monthly or at the frequency and for the duration agreed upon by you and Roland during the ordering process, unless you have signed up for a free, limited term trial subscription. By signing up for the Roland Cloud Service, you may select a Subscription and authorize Roland to charge any applicable Subscription fees to your credit card (or other approved form of payment), as specified in the applicable Subscription.  You generally will be billed on a monthly cycle that begins on the day that you sign up to receive the Roland Cloud Service. If your billing payment method changes during the term of your Subscription, you must immediately update the billing payment method associated with your Account. If Roland is unable to charge your billing payment method, Roland may: (i) immediately suspend or terminate your access to Product Content, such as Membership Keys, (ii) seek collection of the outstanding amount owed under the Subscription, and/or (iii) seek legal action against you for breach of this Agreement.

b. Unpaid Subscription. If you establish and maintain an Account and access to the Roland Cloud Service, you may automatically be provided a set of Membership Keys (referred to as entitlements or product content) to access a portion of the Roland Cloud Service offered to you without charge. The unpaid Membership Keys may be revoked by Roland at any time, are provided on a limited basis, and do not grant you any access or license to any other Product Content.

c. Lifetime Membership Keys. You may elect to purchase “lifetime” access for certain instruments, instrument groupings or other sound data offerings (“Lifetime Membership Keys”). If you subscribe and pay for Lifetime Membership Keys, the license to the Lifetime Membership Keys granted below (including all other restrictions and obligations in the Agreement) will continue during the life of you, the individual Account holder, provided that (i) you maintain an Account and compliance with this Agreement, and (ii) Roland continues to offer the applicable Lifetime Membership Keys to users through the Roland Cloud Service.  For clarity, references to “lifetime” or the “life of the Account holder” under this Agreement mean the natural life of the individual who registered for the Account, and such rights are not transferable, descendible, or inheritable.  You do not need a Subscription to purchase a Lifetime Membership Key. 

d. Termination of Lifetime Membership Keys.  If you remove, cancel or terminate your Account, or if your Account is terminated by Roland for violation of the Terms of Use or other policies or conditions provided to you, you will not be able to use the Lifetime Membership Keys you have purchased.  There will be no refunds.

e. Multi-Tiered Membership Keys.  Some Subscriptions may be made available in several different configuration levels or “tiers” at different price levels.  The tier configurations reflect different levels of functional capability enabled in the Roland Cloud Service components or instruments to which the plan will grant access.   For more information, see http://www.rolandcloud.com/roland-account/memberships.

f. Auto-Renewal.  When you purchase a Subscription, you may agree for your Account to be configured for automatic billing by your preferred payment method, or to subscribe for a limited, specific period.  If you have not selected a limited Subscription period, we will send email notifications to the email address you used when registering to remind you that you may cancel your Subscription before the end of the Subscription term.  If you do not cancel your Subscription before the end of a Subscription term and you did not select a limited Subscription period, your Subscription will auto-renew for a further a term of equal length at the end of each Subscription term and your preferred payment method will be billed accordingly.  If the rate of your Subscription changes, we will notify you and give you advance notice, and you may cancel your Subscription as explained below. 

i. Payment Terms. If your Subscription requires payment, your Subscription will begin as soon as your initial payment is processed.  Upon successful payment, you will immediately have access to the instruments, features, services and Product Content that correspond with your Subscription.  Unless your Subscription has a specific term, you will be charged the described Subscription price at the time of purchase once a month based on your initial purchase date, until your Subscription is canceled.   BY PROVIDING US WITH YOUR PAYMENT INFORMATION, YOU AGREE TO BE CHARGED FOR THE AUTOMATIC RENEWAL OF YOUR SUBSCRIPTION UNLESS AND UNTIL YOU CANCEL AS EXPLAINED BELOW.

j. Membership Cancellations. Cancellations can be made any time by accessing your Account profile and selecting “Do Not Renew” for the applicable Subscription or by contacting Roland customer support directly at https://rolandcloud.com/contact-us. For cancellations made after the initial 7-day (for monthly Subscriptions) or 14-day (for annual Subscriptions) periods noted below, you will still have access to all instruments, features, services and Product Content available through the Roland Cloud Service for your applicable Subscription until the end of your current Subscription, that is until the day before your next payment would have been assessed and processed. If you cancel a monthly Subscription within 7 days from your initial order and payment, or if you cancel an annual Subscription within 14 days of your initial order and payment, you’ll be fully refunded. If you cancel after those periods, your payment is non-refundable and your access to the Roland Cloud Service will continue until the end of the applicable billing period. As a result of any cancellation, you also will forfeit any loyalty credit you have earned as well as any “Play 2-4 Life” virtual instrument rights, if applicable.

h. Membership Reinstatements.  If you should reinstate your Subscription after cancellation but before your next billing date, your access to the Roland Cloud Service will be uninterrupted and your billing date will remain unchanged for subsequent billing cycles.  For monthly Subscriptions only, if you reinstate your Subscription after your Subscription time has expired, your new billing date will be one month after your renewal date.  If your initial or reinstatement billing date falls at the end of the month, and the following month has fewer days, your billing date will fall on the last day of the month and resume its normal date in following months that have an adequate number of days.  For example, if you start your subscription on January 29th, your next billing date will be on February 28th (or 29th during a leap year.)  You will be billed again on March 29th and so on.  

4. Product Content Accessed by Roland Hardware Instruments and Devices.

a. Certain Roland equipment will be needed to be able to access and use specific Membership Keys made available through the Roland Cloud Service that is suitable for use on a specific instrument or device, as long as the device has been registered on the same Account as the Membership Keys.

b. Membership Keys cannot be installed onto a hardware product that has been registered with another Account. 

c. To change or delete the Account registered with the applicable hardware product, you need to delete all the Content installed on that hardware. In this case, we do not guarantee that no data will be lost.

d. Your Account Information and hardware registration needs to be removed and all installed Product Content needs to be deleted from the equipment when transferring/reselling hardware products.  Selling the hardware does not transfer the license to the Product Content that has been installed on it.   

5.Restrictions and Obligations.

a. Modification to the Roland Cloud Service. Roland may at any time and from time to time, and without notice or liability, (i) revise, supplement, suspend, or discontinue, temporarily or permanently, the Roland Cloud Service (or any part or functionality thereof), (ii) terminate all licenses granted in this Agreement, or and (iii) change the equipment, hardware or software necessary to use the Roland Cloud Service and access the Product Content.  You agree that neither Roland nor any of its licensors, agents, or employees are liable to you or any third party for any revision, supplement, suspension, or discontinuation for the activities described in this section. 

b. Updates; Upgrades. Roland has no obligation to provide any updates or upgrades to the Roland Cloud Service, but in the event that it does, any such updates or upgrades will be deemed part of the Roland Cloud Service, and will be subject to this Agreement. Any support provided by Roland is at the discretion of Roland and we make no support guarantees or commitments for the Roland Cloud Service.

c. Grants. Provided you are in compliance with the terms of this Agreement:

i. Roland grants you a revocable, non-exclusive, non-transferable, non-sublicensable limited right to access and use the Roland Cloud Service, solely for your personal use and solely as provided in this Agreement, on up to five computing devices that you own. The term of and features available for your access to the Roland Cloud Service is based on your Subscription.

ii. Roland grants you a revocable, non-exclusive, non-transferable, non-sublicensable limited right to access and use the Product Content, and to download any Product Content that Roland makes available for download, solely for your personal use and solely as provided in this Agreement, on up to five computing devices that you own. With the exception of Lifetime Membership Keys, the foregoing license is valid solely during the applicable Subscription term.  Purchasing Lifetime Membership Keys does not increase the number of computing devices allowed.

6. Restrictions. In addition to the restrictions and obligations in the Terms of Service, you may not:

a. Copy, sell, rent, lease, sublicense, transfer, distribute, display, or otherwise transfer the Roland Cloud Service, or any component or portion of the Roland Cloud Service, without the express prior written consent of Roland, provided that this restriction does not apply to the creation of musical works using the Roland Cloud Service or Product Content or the performance of musical works using the Roland Cloud Service or Product Content;

b. Modify or create derivative works of the Roland Cloud Service (your creative musical works that are created by using the Roland Cloud Service are not derivative works); or

c. Use the Roland Cloud Service to create sounds or other content for any synthesizer, virtual instrument, sample library, sample-based product, musical instrument, music or sound effects created by computers or machines, or any competitive product or service, without the express prior written consent of Roland.

7. Use and Online Conduct.

a. Use of Product Content. Notwithstanding the restrictions in Section 6 above, your original musical compositions created using the Product Content may be used for commercial purposes and Roland claims no rights in any such musical compositions.

b. Use of Services. You will use the Roland Cloud Service for lawful purposes only, and in a manner consistent with the terms of this Agreement, the Terms of Use, and any other terms and conditions applicable to you.

c. Online Conduct.  

i. The Roland Cloud Service may contain interactive areas that allow users to express their opinions and post information and other materials. You are solely responsible for the content or information you publish, display or otherwise communicate in any manner (“Post”) on the Service, or transmit to other users.  Roland does not monitor these Posts.

ii. You will use the Roland Cloud Service in a manner consistent with any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. You represent and warrant you are not located in, under the control of, or a national or resident of any country which the United States has (i) embargoed goods, (ii) identified as a “Specially Designated National”, or (iii) placed on the Commerce Department's Table of Deny Orders. Membership in, and use of, the Roland Cloud Service is void where prohibited.

iii. You will not provide inaccurate, misleading or false information to Roland or to any other user. If information provided to Roland, or another user, subsequently becomes inaccurate, misleading or false, or if you become aware of any violation of this Agreement, you will promptly notify Roland of such inaccuracy or violation.

iv. You are solely responsible for your interactions with other users. You agree to take normal precautions when arranging or meeting any individuals through the Roland Cloud Service.

v. Roland reserves the right, but has no obligation, to monitor the materials Posted in any public areas of the Roland Cloud Service. Roland has the right to remove any such material that in its sole opinion violates, or is alleged to violate, any applicable law, rights of another party, this Agreement, or the Terms of Use. Notwithstanding this right of Roland, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT YOU POST IN ANY PUBLIC AREAS OF THE ROLAND CLOUD SERVICE AND IN YOUR MESSAGES.

vi. While using the Service, you may not:

1. upload, post, publish, transmit, reproduce, e-mail, or distribute in any way, any content obtained through the Service which is protected by copyright, or other proprietary or intellectual property right, or derivative works with respect thereto, without obtaining the express written permission of the copyright, trademark or patent owner or other rights holder and of Roland; or
2. upload, post, publish, reproduce, e-mail, transmit or distribute in any way, any content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or
3. upload, post, publish, reproduce, transmit, e-mail or distribute in any way any component of the Service itself or derivative works with respect thereto, as the Service is copyrighted as a collective work under U.S. copyright laws; or
4. upload, post, publish, reproduce, e-mail, transmit or distribute in any way via the Service any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; or
5. upload, post, publish or transmit via the Service any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, false, harassing, tortuous, vulgar, invasive (of another’s privacy), hateful, or racially, ethically or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that may constitute illegal activity, constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export laws and regulations; or
6. upload, post, publish, transmit, reproduce, e-mail, distribute or in any way exploit any content obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such content); or
7. restrict, interfere with, or inhibit any other user from using and enjoying the Service; or
8. post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by the Service) or engage in spamming or flooding; or
9. impersonate any other person or entity, or misrepresent your affiliation with any other person or entity; or
10. post or transmit any information or software into the Service which contains a virus, trojan horse, worm or other harmful component, or use any automated means, including bots, crawlers, scarpers or spiders, to collect information or content from the Service; or
11. harm minors in any way; or
12. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service; or
13. collect or store personal data about other users for any purpose; or
14. intentionally or unintentionally violate any applicable local, state, national or international law.

 

8. Ownership.

a. All rights not specifically granted in this Agreement are reserved by Roland and, as applicable, its licensors. You acknowledge that you do not acquire any ownership rights in the Roland Cloud Service, including any of the Product Content, as a result of this Agreement or your use of the Roland Cloud Service and that you have no rights to access the Roland Cloud Service except as expressly provided by the terms of this Agreement. 

b. ROLAND, ROLAND VIRTUAL SONICS, ROLAND CLOUD and CONCERTO are trademarks or registered trademarks of Roland.  You may not use these or any other Roland trademarks or trade dress in any manner that is likely to cause confusion among customers or subscribers, or in any manner that disparages Roland or its licensors.

9. Termination.

a. Your Right to Terminate. Subject to the requirements of this Agreement and the Terms of Use, you have the right to terminate your Subscription at any time upon written notice to Roland. You understand and agree that the termination of your Account and Roland Cloud Service is your sole right and remedy with respect to any dispute, including, but not limited to, any related to, or arising out of: (i) any term of this Agreement or Roland’s enforcement or application of this Agreement; (ii) your ability or inability to access and/or use the Roland Cloud Service; or (iii) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.  Roland reserves the right to collect accrued fees and charges and costs incurred by Roland upon receipt of your notice to cancel a Subscription. 

c. Roland Right to Terminate. Roland may terminate your Subscription, Product Content or access to the Roland Cloud Service at any time in its sole and absolute discretion upon the occurrence of any one of the events: (i) improper use of your Password; (ii) the information provided by you during any registration process is found to be untruthful or inaccurate; (iii) improper use of the information provided through the Roland Cloud Service and/or taking any other action which adversely affects the Roland Cloud Service or Roland; or (iv) any violation of this Agreement or the Terms of Use. If Roland terminates your Subscription, Content or access rights because of your breach of this Agreement or the Terms of Use (including for non-payment), you agree Roland will have no liability or responsibility to you or any third party. 

d. General. If your Account, or access to Product Content or the Roland Cloud Service is terminated by you for any reason (other than Roland’s permanent discontinuance of the Roland Cloud Service), or by Roland for any of the reasons set forth in above, you agree you are not entitled to a refund and you will have no further access to your Account, Subscription or Product Content (as applicable).  Any delinquent or unpaid amounts with unresolved disputes must be settled before Roland may allow you to access again. 

10. DISCLAIMER OF WARRANTY.

By using the Service, including any software and content contained therein, you agree that your use of the Service is entirely at your own risk. Parts of the Service are provided to you as a convenience to provide information relating to, and to discuss, Roland products and related resources, but we do not guarantee the accuracy or completeness of any such information. THE SERVICE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SOFTWARE, TOOLS, SERVICES, OR UNINTERRUPTED ACCESS. SPECIFICALLY, THE SERVICE DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, RELIABILITY, ACCURACY, USEFULNESS, CONTENT, TIMELINESS, OR SECURITY OF INFORMATION OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTIES OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ROLAND THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.  THE DISCLAIMER ABOVE APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

11. LIMITATION OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ROLAND NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ROLAND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF (i) YOUR USE OF THE SERVICE, (ii) INABILITY TO GAIN ACCESS TO OR USE THE SERVICE, (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO VIA THE SERVICE, (iv) UNAUTHORIZED ACCESS TO OR MODIFICATION OF YOUR TRANSMISSIONS OR DATA, (v) STATEMENTS OR CONDUCT OF ROLAND OR ANY THIRD PARTY ON THE SERVICE, OR (vi) OUT OF ANY BREACH OF ANY WARRANTY.

IN NO EVENT WILL ROLAND’S TOTAL AGGREGATE LIABILITY TO YOU, AND YOUR EXCLUSIVE REMEDY UNDER THESE TERMS AND CONDITIONS FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) WILL BE TO RECOVER THE ACTUAL DAMAGES YOU INCUR BASED UPON REASONABLE RELIANCE ON THE SERVICE UP TO TWENTY DOLLARS ($20.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE

12. Your Use of the Service:

a. Your ability to use the Service is subject to you adhering to all Terms and Conditions at all times. Except as may otherwise be provided for under these Terms and Conditions or through the Service, we do not grant you a license to any content, features or materials you may access via the Service, including without limitation any trademarks, registered trademarks, service marks, copyrightable material or any other intellectual property included with the Service. Except as may otherwise be provided for under these Terms and Conditions or through the Service, you may not for any purpose download or save a copy of any of the Service’s screens or “content” (which includes information, data, software, photographs, graphics, and all other materials expressed in whatever format), nor modify them, or any portion thereof, except as otherwise provided in these Terms and Conditions. You may, however, print a copy of the content on the Websites for your sole personal use or records, and access the Service on a single computer, provided that you do not (and do not allow any third party to) (i) distribute, copy, modify, create a derivative work of or based on, reverse engineer, reverse assemble or otherwise attempt to discover any source code, content or any portion of the Service, or circumvent any copy protection or security features in the Service, or (ii) sell, rent, loan, assign, sublicense, grant a security interest in or otherwise transfer any right in or to the content or Service.

13. Registration Requirements; Account

a. You will be required to register and create a Roland Cloud account (“Account”) before you are permitted access to certain portions of the Service. To register, and to maintain your status as a registered user, you must provide, and update as necessary, the requested registration information, which must be current, accurate, complete and truthful at all times. If we have reasonable grounds to believe that your registration information is not current, accurate, complete or truthful, we may without notice suspend or terminate your access to the Service, including terminating your access to any information you may have stored on the Service.

b. During the registration process, you will be required to select a user name and a password (“Account Information”) that are specific to your Account. You agree to keep your Account Information confidential at all times.  You are solely responsible for the security of your Account Information and for all activities conducting through your Account (including but not limited to purchases and charges).  You may not disclose your Account Information to anyone, or allow your Account Information to be used by anyone other than yourself.  Accounts are not transferable, descendible, or inheritable.  You may not offer any Account for sale or trade.  You agree Roland is not responsible for any harm that may result to your Account as a result of unauthorized use of Account Information.  You agree to immediately notify Roland of any unauthorized use of your Account or any security incident affecting your Account.  Any violation of these Terms and Conditions will result in immediate termination of your Account or termination of your access to the relevant product or service, at the discretion of Roland.

14. Property Rights. The Service and any software used in connection with the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws, which you may not infringe upon, violate or use in any manner except as expressly permitted under these Terms and Conditions. Roland is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Service, and is the copyright owner or licensee of the content and/or information on the Website, unless otherwise indicated. You will not remove or alter any copyright, trademark, or other intellectual property notices contained on or provided through the Service.  If you make unauthorized use of the Service, except as expressly permitted under the Terms and Conditions, you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. Our use of any trademarks, registered trademarks, service marks, copyrightable material or any other intellectual property found on the Service does not convey to you any license or other authorization to such marks or materials.  Roland and its licensors and service providers (if applicable) reserve and will retain their entire right, title and interest in and to the Service, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms and Conditions.

15. Third Party Provided Content.

a. Certain information contained on this Website, as well as reference materials or links to other sites, are provided for general informational purposes only, and are not intended to be relied upon for any purpose. Neither Roland nor any of its data or content providers shall be liable for any errors or delays in the content, or for any actions taken in reliance thereon, nor does Roland warrant that the content is accurate, complete or truthful.

b. You further acknowledge that by using the Service, you may access content which you might consider offensive, indecent or objectionable. It is your responsibility to evaluate, assess, and bear any risk, associated with the use of any content. Roland is not liable for any content, including but not limited to any errors or omissions in any content or for any loss, damage or injury of any kind resulting from your, or any other party’s, use of content distributed or otherwise made available via the Service.

16. Available Content.

a. You acknowledge that all content accessed through the Service is the sole responsibility of the individual party that posts such content. This means that you, and not Roland, are entirely responsible for all content that you upload, post, e-mail, transmit or otherwise distribute via the Service. Further, Roland has no responsibility to you with respect to content uploaded, posted, e-mailed, transmitted or otherwise distributed to you via the Services by other parties.

b. We do not pre-screen or have an obligation to monitor the content posted by you, or any other party, on the Service. You acknowledge and agree, however, that we do, in our sole discretion, retain the right to monitor the Service and remove or move any content made available via the Service. We also may disclose any information as we may deem necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Service properly, to protect Roland, its customers, or users of the Website. We will not intentionally monitor or disclose any private electronic-mail message which you have directed specifically and solely to Roland, unless required by law. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that we, in our sole and absolute discretion, deem to be unacceptable, undesirable, inappropriate or in violation of these Terms and Conditions.

17. Submissions.

a. All information, suggestions, feedback and content made available via the Service, including but not limited to all content posted on the Website’s message boards, shall be deemed and remain the property of Roland, and we shall be free to remove, delete, use, reproduce, modify, publicly display and perform, distribute, and create derivate works of, for any purpose (including commercial exploitation), without further credit or compensation to you, any such information and any ideas, concepts, know-how or techniques contained in the information which any user makes available through the Service. Roland shall not be subject to any obligations of confidentiality regarding such submitted information, except as agreed by Roland or required by law.

18. Links from Other Services.

You acknowledge and agree that Roland and any of its Website co-branding providers have no responsibility for the accuracy or availability of information provided by linked websites (if any). Links to external websites do not constitute an endorsement by Roland or its website co-branding providers of the sponsors of such sites or the content, products, advertising or other materials presented on such sites. We do not author, edit, or monitor these pages or links. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on such external websites or resources.

19. FAILURE TO COMPLY WITH TERMS AND CONDITIONS AND TERMINATION.

a. You acknowledge and agree that we may deny you access to all or part of the Service without prior notice if you engage in any conduct or activities that we, in our sole and absolute discretion, believe violate any of these Terms and Conditions, violate the rights of Roland, or is otherwise inappropriate for continued access.

b. You agree to indemnify and hold Roland and its affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Service or the placement or transmission of any message, information, software or other materials through the Service by you or any users of your Account or related to any violation by you or any users of your Account of these Terms and Conditions or any other agreement between you and Roland relating to the Service.

20. Export Restrictions.

a. You may not use or otherwise export or re-export the Service or any content except as authorized by United States law. In particular, but without limitation, the Service or any content may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Service, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Service or any content for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

21. Copyright Infringement Claims.

a. If you believe in good faith that any material or content posted or made available through the Service constitutes copyright infringement, please provide us with the information required by 17 U.S.C. § 512 by sending it to us at [email protected]:

1. Your address, telephone number, and email address;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of the alleged infringing material and of where the alleged infringing material is located;
4. A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
5. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
6. A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

22. Miscellaneous.

a. We reserve the right to change any information on the Websites, including but not limited to terminating the Service or revising and/or deleting features or other information without prior notice to you. Accessing certain links within the Service, if any, may provide you with access to third party websites for which we assume no responsibility of any kind for the content, availability or otherwise. (See “Links from and to the Service” above.) The content of the Websites may vary depending upon your browser functionality and limitations.

b. You and Roland each agree to submit to the personal and exclusive jurisdiction of the courts located within the state of California. The Terms and Conditions and the relationship between you and Roland shall be governed by the laws of the State of California, without regard to its conflict of law provisions. Notwithstanding the foregoing, you agree to comply with all local rules, in whatever jurisdiction, including those outside of the United States, regarding online conduct and the use of personal information. You further agree to comply with all applicable laws regarding the transmission of data exported from the country in which you reside and from which your access to the Service originated.

c. The failure of Roland to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of the Terms and Conditions shall remain in full force and effect.

23. Governing Law; Jurisdiction and Venue. You and Roland each agree to submit to the personal and exclusive jurisdiction of the courts located within the state of California. The Terms and Conditions and the relationship between you and Roland shall be governed by the laws of the State of California, without regard to its conflict of law provisions. Notwithstanding the foregoing, you agree to comply with all local rules, in whatever jurisdiction, including those outside of the United States, regarding online conduct and the use of personal information. You further agree to comply with all applicable laws regarding the transmission of data exported from the country in which you reside and from which your access to the Service originated.

24. Changes to Agreement. Roland reserves the right, at its sole and absolute discretion, to modify any of the terms and conditions of this Agreement, prospectively. Roland will post on the Websites or make available any revised terms through the Roland Cloud Service, and may provide such other notice as Roland may elect. Your continued use of your Account or the Roland Cloud Service following notice of changes to this Agreement means you accept any and all such changes, effective as of the date of such acceptance. If you do not agree to be bound by (or cannot comply with) this Agreement as modified, you agree that your sole remedy is to cease using the Roland Cloud Service.  Your continued use of the Roland Cloud Service constitutes your agreement to be bound by the amended Agreement.

25. General Provisions. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions. Except as otherwise specifically provided in this Agreement, this is the entire agreement between you and Roland relating to its subject matter and supersedes any and all prior or contemporaneous written or oral agreements between you and Roland with respect to such subject matter. The failure by Roland to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.

26. Contact Us. If you have any questions, complaints, or comments regarding this Agreement, or have other questions or suggestions about the Roland Cloud Service, please contact us at https://rolandcloud.com/contact-us or refer to our FAQs https://rolandcloud.com/support.