1. Limited License to Use the Service.
By accessing and using the Service, you represent that you are at least fourteen (14) years old.
You have no interest, monetary or otherwise, in any feature, content or availability of the Roland VS Websites, any data or in any terms or conditions of access to or use of the Roland VS Websites.
2. Restrictions and Other Notifications.
2.1 You assume the cost of all access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to Roland VS Website servers.
2.2 Roland VS has the right to obtain certain identification information about your computer and its operating system, including the identification numbers of your hard drives, central processing unit, IP addresses and operating systems, for identification purposes, without any further notice to you.
2.4 Roland VS has the right to change, at any time, and without notice or liability, (i) the Roland VS Websites or the Service, including the termination, change, suspension, limitation, modification, or addition of any content or feature, (ii) the fees or charges, if any, related to the use of the Service or Roland VS Websites, or (iii) the equipment, hardware or software necessary to use the Service or the Roland VS Websites.
2.5 The Websites and Service are offered for use solely in the United States. Roland VS may restrict access or use from other locations.
3. Establishing an Account.
3.3 During the registration process, you will be required to select a user name and a password that are specific to the Account (collectively referred to hereunder as “Password”). Your Password is to be kept confidential at all times and you are solely responsible for the security of your Password. You may not disclose your Password to anyone, or allow your Password to be used by anyone other than yourself. Roland VS is not responsible for any harm that may result to the Account (including without limitation the deletion or modification of characters in the Account) as a result of a lost or shared password. Roland VS is not responsible in the event that the Account is “hacked,” or if the Account or your computer is damaged by a virus, or for any other issues with your computer or the Account.
3.5 You agree to immediately notify Roland VS of any unauthorized use of your Password or Account or any other breach of security. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR ACCOUNT INFORMATION AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES AND CHARGES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
4. Online conduct
The purpose of the Site and Service is to provide content, information, access and services related to Roland VS’s Service. By registering for an Account, you agree that:
a. You are solely responsible for the content or information you publish, display or otherwise communicate in any manner (hereinafter, “post”) on the Service, or transmit to other users.
b. You will not post on the Service, or transmit to other users, or otherwise communicate any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). Furthermore you will not take actions to promote the physical harm or harassment of another person, engage in or promote spamming, provide information that you know is illegal, false or misleading, or designed to exploit those under 18 or otherwise provide instructional information about illegal activities including without limitation making or buying illegal weapons, identity theft, violating another’s right to privacy or providing or creating malicious computer programs (malware).
c. You will use the 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 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 Service is void where prohibited.
d. You will not provide inaccurate, misleading or false information to Roland VS or to any other user. If information provided to Roland VS, or another user, subsequently becomes inaccurate, misleading or false, you will promptly notify Roland VS of such change.
e. You will only create one unique profile with the Service.
f. You will not engage in advertising to, or solicitation of, other users to buy or sell any products or services through the Service. You will not transmit any chain letters or e-mails that offer or promote commercial goods, services, business opportunities or the like to other users.
g. You will not post, copy, modify, transmit, show in public or private, create any derivative works from, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
h. You are solely responsible for your interactions with other users. You agree to take normal precautions when meeting individuals through the Service.
i. You understand that Roland VS makes no guarantees, either express or implied, regarding your well-being through the Service.
6. 6. Ownership.
6.2 Roland VS Trademarks. ROLAND, ROLAND VIRTUAL SONICS, ROLAND CLOUD and CONCERTO are trademarks or registered trademarks of Roland VS and its affiliates. You may not use Roland VS trademarks or trade dress in any manner that is likely to cause confusion among customers or subscribers, or in any manner that disparages Roland VS or its licensors. Except as expressly provided herein, Roland VS and its licensors do not grant you any express or implied rights, and all rights, title and interest that Roland VS has in and to the Roland VS trademarks, trade dress, or Roland VS Websites and the content therein that are not expressly granted by Roland VS to you are retained by Roland VS.
6.3 All comments, feedback, suggestions, ideas and other submissions disclosed or submitted to Roland VS (“Feedback”) will be the exclusive property of Roland VS. You hereby agree that Roland VS may use, sell, exploit and disclose the Feedback in any manner, without restriction, and without compensation to you.
8. Online third party content
Opinions, advice, statements, offers, or other information or content made available by third parties through the Service (“Third Party Content”) are those of their respective authors, and you rely on such content at your own risk. The authors are solely responsible for such content. ROLAND VS DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE SERVICE, AND (ii) ADOPT, ENDORSE NOR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN ROLAND VS. UNDER NO CIRCUMSTANCES WILL ROLAND VS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE, OR TRANSMITTED TO OR BY ANY USERS.
12. Limitation of Liability.
NEITHER ROLAND VS NOR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS OR PARTNERS, NOR ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, ATTORNEYS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOOD WILL OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICE OR ROLAND VS WEBSITES (INCLUDING, WITHOUT LIMITATION, THE CONTENT AND SERVICES CONTAINED THEREIN), YOUR ACCOUNT, ANY LINKED WEBSITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH YOUR USE OF THE ROLAND VS WEBSITES, EVEN IF ROLAND VS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT ROLAND VS, ITS LICENSORS AND ITS LICENSEES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING ANY CONDUCT, COMMUNICATION OR CONTENT ON THE ROLAND VS WEBSITES OR USE OF SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH CASE ROLAND VS’S, ITS LICENSORS’ AND ITS LICENSEES’ LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE ROLAND VS WEBSITES, OR ANY PART THEREOF, IS TO STOP USING THE ROLAND VS WEBSITES. THE MAXIMUM AGGREGATE LIABILITY OF ROLAND VS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, WILL BE LIMITED TO THE AMOUNT THAT YOU PAID (IF ANY) TO ROLAND VS FOR THE SERVICE OR TO FIVE DOLLARS, WHICHEVER IS GREATER.
Some jurisdictions do not allow for the exclusion or limitation of damages (including incidental or consequential), loss, or liability from intentional acts (including fraud, fraudulent misrepresentations, and failure to disclose defects), product liability, or for death or personal injury. Nothing in these Terms and Conditions will be interpreted as excluding liability which cannot be excluded in those jurisdictions. If you reside, or are otherwise subject to the laws in one of those jurisdictions any statutory entitlement available to you will be deemed limited to the extent (if at all) permissible under that law and, if limitation is not permitted, the limitations in this Section 12 may not apply to you.
13.1 THE INFORMATION, CONTENT AND MATERIALS ON ROLAND VS WEBSITES AND SERVICE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ROLAND VS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. ROLAND VS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN INFORMATION, CONTENT AND MATERIALS ON ANY ROLAND VS WEBSITE OR SERVICE (INCLUDING, WITHOUT LIMITATION, THIRD PARTY CONTENT) WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY ROLAND VS WEBSITE, SERVICE OR THE SERVERS THAT MAKE SUCH INFORMATION, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. ROLAND VS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO ANY ROLAND VS WEBSITES OR SERVICE, INCLUDING, WITHOUT LIMITATION, THIRD PARTY CONTENT, OR ANY THIRD PARTY WEBSITES OR SERVICES LINKED TO OR FROM ANY ROLAND VS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY, SAFETY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
13.2 Roland VS explicitly disclaims any responsibility for the accuracy, completeness or availability of information, content and materials found on websites that link to or from any Roland VS Website or Service. Roland VS cannot ensure that you will be satisfied with any products or services that you purchase from a third-party website that links to or from any Roland VS Website or Service or third-party information, content or materials contained on Roland VS Websites (including, without limitation, Third Party Content contained on the Roland VS Websites). Roland VS does not endorse any of the merchandise, nor has Roland VS taken any steps to confirm the accuracy, completeness or reliability of, any of the information, content or materials contained on any third-party website. Roland VS does not make any representations or warranties as to the security of any information, content or materials (including, without limitation, credit card and other personal information) you might be requested to give to any third party. You hereby irrevocably waive any claim against Roland VS with respect to information, content and materials contained on Roland VS Websites (including, without limitation, Third Party Content), on third party websites, and any information, content and materials you provide to such third party websites (including, without limitation, credit card and other personal information).
13.3 NEITHER ROLAND VS NOR ITS SUBSIDIARIES, LICENSORS OR AFFILIATES WILL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF OR INABILITY TO USE ROLAND VS WEBSITES OR THE SERVICE INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. FURTHER, NEITHER ROLAND VS NOR ITS SUBSIDIARIES, LICENSORS OR AFFILIATES WILL BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE.
13.4 You may not be able to access Roland VS Websites whenever you want, and there may be extended periods of time where you cannot access Roland VS Websites. Roland VS disclaims all responsibility and liability for any interrupted Service or access to the Roland VS Websites.
13.5 Roland VS will not be held liable for any delay or failure to perform under any circumstances, including without limitation those resulting from causes outside the reasonable control of Roland VS; including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Roland VS’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
15. General Provisions.
15.1 Links. You should be aware that when you are using the Service or Roland VS Websites, you could be directed to other websites that are beyond Roland VS’s control. There may be links to other sites from the Roland VS’s Websites or Service that take you away from the Roland VS Websites. These links are for convenience only and you access them at your own risk. Roland VS takes no responsibility and assumes no liability for any content provided from such outside sources.
15.3 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 herein, this is the entire Agreement between us you and Roland VS relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between you and Roland VS with respect to such subject matter.