Terms of Use
Please read the following terms and conditions of use (the "Terms and Conditions")
which govern your use of, and access to, the "Website" located at http://www.rolandus.com,
including but limited to its message boards, (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 this Website, 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 without
notice to you, by posting such changes on this Website. 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.
If you do not have legal capacity to enter into the agreement created by these Terms
and Conditions, you cannot use the Service unless and until Roland receives the
consent of your parent or legal guardian.
Warranty Disclaimer:
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. The Service is
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 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, WARRANTY
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 ADVISE 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.
Limitation of Liability:
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 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.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES,
THE RESPECTIVE LIABILITY OF ROLAND, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS,
AFFILIATES, AND CONTENT OR SERVICE PROVIDERS IS LIMITED TO THE MAXIMUM EXTENT PERMITTED
BY SUCH STATE LAW.
Your Use of the Service:
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 the Website, 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 in the
Service. Except as may otherwise be provided for under the Website, 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 this Website 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 (ii) sell, rent, loan, assign,
sublicense, grant a security interest in or otherwise transfer any right in or to
the content or Service.
Registration Requirements:
You may be required to register 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.
Proprietary 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 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. If you make other use of this Website,
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 this Website, does not convey to you any
license or other authorization to such marks or materials.
Third Party Provided Content:
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.
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.
User Conduct On the Service:
You acknowledge and agree that you must: (a) provide for your own access to the
World Wide Web and pay any service fees associated with such access, and (b) provide
all equipment necessary for you to make such connection to the World Wide Web, including
a computer, software, a modem and a working telephone line.
While using the Service, you may not:
- 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
- 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
- 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
- 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
- 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
- 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
- restrict, interfere with, or inhibit any other user from using and enjoying the
Service; or
- 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
- impersonate any other person or entity, or misrepresent your affiliation with any
other person or entity; or
- post or transmit any information or software into the Service which contains a virus,
trojan horse, worm or other harmful component; or
- harm minors in any way; or
- forge headers or otherwise manipulate identifiers in order to disguise the origin
of any content transmitted through the Service; or
- collect or store personal data about other users for any purpose; or
- intentionally or unintentionally violate any applicable local, state, national or
international law.
Available Content:
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.
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.
Submissions:
All information 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 use, for any purpose (including
commercial exploitation), any ideas, concepts, know-how or techniques contained
in any information or content which any user makes available through this Website.
Roland shall not be subject to any obligations of confidentiality regarding submitted
information, except as agreed by Roland or required by law.
Links from and to the Service:
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.
Failure to Comply With Terms and Conditions and Termination:
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.
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 of these Terms and
Conditions by you or any users of your account.
Miscellaneous:
We reserve the right to change any information on this Website, 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 this Website,
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 this Website may vary depending
upon your browser functionality and limitations.
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.
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.