Updated: December 4th, 2018
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ROLAND’S TERMS OF SERVICE AND END USER LICENSE AGREEMENT
Roland Terms of Service and End User End User License Agreement (the “EULA”) is a legal agreement between you and Roland VS LLC ("Roland VS" or “Roland Virtual Sonics”) regarding (i) your access to and use of the website[s] https://rolandcloud.com/ (the “Website”) and (ii) access to and use of the Roland Cloud Manager service, any other products and services available through the Website, and any content or material that is made available by Roland VS through the Service (the “Content”) for which there is no separate license agreement (collectively, the “Service”).
Roland VS reserves the right, at its sole and absolute discretion, to modify any of the terms and conditions of this EULA. Roland VS will post any revised EULA on the Website, and may provide such other notice as Roland VS may elect. Your continued use of your Account, the Service or Content following notice of changes to this EULA 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 EULA as modified, you agree that your sole remedy is to cease using the Services by canceling your Account. Your continued use of the Services constitutes your agreement to be bound by the amended EULA.
- Access to the Website and Service. This EULA applies to your access to the Website and use of the Service. You may access and view publicly available portions of the Website without registering an Account (defined below). Access to the Service (and the rights and permissions related to the Service) is subject to registration of an Account and your agreement to this EULA.
- Establishing an Account.
- In order to use the Service (other than the publicly available portion of the Website), you are required to register for a Subscription and create an account (“Account”). To be eligible to use the Service, You must meet the following criteria and represent and warrant that you: (1) are 14 years of age or older; (2) are not currently restricted from the Service, or not otherwise prohibited from registering with Roland VS or having a Roland VS account, (3) are not using the Service for reasons that are in competition with Roland VS; (4) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (5) will not violate any rights of Roland VS, including intellectual property rights such as copyright or trademark rights; and (6) agree to provide at your cost all equipment, software, internet, and data access necessary to use the Service.
- You may not share the Account with anyone. You are liable for all uses of the Account. You acknowledge and agree that you will have no ownership or other property interest in the Account, and you further acknowledge and agree that all rights in and to the Account are and will forever be owned by Roland VS. Roland VS reserves the right to terminate an Account without notice if it believes, at its own discretion, that a user is under the age of 14.
- You must provide Roland VS with accurate, up to date information. In the event that Roland VS learns that you have provided false or misleading registration information, Roland VS reserves the right to immediately terminate and disable or delete the Account or Subscription. Roland VS is not responsible for any loss or damages arising from your failure to provide accurate information.
- 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.
- Accounts are not transferable or descendible by you. You may not offer any Account for sale or trade, and any such offer is a violation of this EULA and will result in termination of the Account.
- 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.
- You are entirely liable for all activities conducted through the Account, and are responsible for ensuring that any other person who uses your Account is aware of the terms of and complies with this Agreement.
- Subscription Plans. Access to the Service 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 VS during the ordering process. By signing up for the Service and establishing an Account, you may select a subscription plan and authorize Roland VS to charge any applicable subscription fees to your credit card (or other approved form of payment), as specified in the applicable subscription plan. You generally will be billed on a monthly cycle that begins on the day that you sign up to receive the Services. 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 VS is unable to charge your billing payment method, Roland VS may: (i) immediately suspend or terminate your Account, (ii) seek collection of the outstanding amount owed under the subscription plan, and/or (iii) seek legal action against you for breach of this Agreement.
- Unpaid Subscription. If you establish and maintain an Account, you are automatically provided a subscription to access a portion of the Services offered to you without charge. The Unpaid Subscription does not grant you any access or license to any Content.
- Lifetime Content. Under certain subscription plans, you may elect to receive lifetime access for certain instruments or instrument groupings (“Lifetime Content”). If you subscribe and pay for Lifetime Content, the license to the Content granted in Section 3 (including all other restrictions and obligations in this Agreement) will continue during the life of the individual Account holder, provided that (a) you maintain an Account, and (b) Roland VS continues to offer the applicable Content to users through the Services. For clarity, the “life of the Account holder” means the natural life of the individual who registered for the Account, and such rights are not transferable, descendible, or inheritable.
- 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 limited, specific period. If you have not selected a limited subscription period, we will send a number of 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, 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.
- Restrictions and Obligations.
- Modification to Service. Roland VS may at any time and from time to time, and without notice or liability, (i) revise, supplement, suspend, or discontinue, temporarily or permanently, the Service (or any part thereof), (ii) terminate all licenses granted in this EULA, or (iii) change the equipment, hardware or software necessary to use the Service and access the Content. You agree that neither Roland VS nor any of its affiliates, licensors, agents, or employees is liable to you or any third party for any revision, supplement, suspension, or discontinuation for the activities described in (i)-(iii).
- Updates; Upgrades. Roland VS has no obligation to provide any updates or upgrades to the Service or Content, but in the event that it does, such updates, upgrades and any documentation will be deemed part of the Service, and will be subject to this Agreement. Roland VS may from time to time in its sole discretion and without prior notice to you modify, correct, improve, or discontinue offering the Service or any functionality available through the Service. Any support provided by Roland VS is at the discretion of Roland VS and Roland provides no support guarantees or commitments for the Service.
- Grants. Provided you are in compliance with the terms of this Agreement:
- Roland VS grants you a revocable, non-exclusive, non-transferable, non-sub-licensable limited right to access and use the 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 Service is subject to your Subscription.
- Roland VS grants you a revocable, non-exclusive, non-transferable, non-sub-licensable limited right and license to access and use the Content, and to download any Content that Roland VS 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 Content, the foregoing license is valid solely during the applicable Subscription term.
- Restrictions. You may not:
- Distribute, redistribute, transfer or make the Service or Content available over a network where it could be used by multiple users at the same time;
- Copy, sell, rent, lease, sublicense, distribute, display, or otherwise transfer the Service or Content, or any component or portion of the Service or Content, without the express prior written consent of Roland VS, provided that this restriction does not apply to the creation of musical works using the Service or Content or the performance of musical works using the Service or Content;
- Modify or create derivative works of the Service or Content (your creative musical works that are created by using the Service or Content are not derivative works);
- Reverse engineer, derive source code from, modify source code from, or decompile source code from Service or Content in whole or in part;
- Use the Content or 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 VS;
- Transfer copies of Content from one device to another device via any means;
- Circumvent any technology used by Roland VS, its licensors, or any third party to protect the Content or the Service;
- Circumvent any territorial restrictions applied by Roland VS or it licensors;
- Remove or alter any copyright, trademark, or other intellectual property notices contained on or provided through the Service or Content;
- Provide your password or username to the Service to any other person; or
- Use any automated means (including bots, crawlers, scrapers or spiders) to collect Content or information from the Service.
- Use and Online Conduct.
- Use of Content. Notwithstanding the restrictions in Section 3(d), your original musical compositions created using the Content may be used for commercial purposes and Roland VS claims no rights in any such musical compositions.
- Use of Services. You shall use the Service for lawful purposes only, and in a manner consistent with the terms of this EULA and any other terms and conditions applicable to you or the entity with which you are associated.
- Online Conduct.
- The 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 VS does not monitor these posts.
- 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).
- 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.
- 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.
- You will only create one unique Account with the Service.
- 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.
- 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 of any other party without obtaining the prior consent of the owner of such proprietary rights.
- You are solely responsible for your interactions with other users. You agree to take normal precautions when meeting individuals through the Service.
- You understand that Roland VS makes no guarantees, either express or implied, regarding the Service.
- You will promptly report to Roland VS any violation of this EULA by other users of which you become aware.
- All title, ownership rights and intellectual property rights in and to the Website, Service and Content (including without limitation any Accounts, software, titles, computer code, technology, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, “applets” incorporated into the Service, transcripts of the chat rooms, character profile information, and client and server software) are owned by Roland VS and its affiliates or licensors. The Website, Service and Content are protected by the copyright laws of the United States, international copyright treaties and conventions, and other laws. All rights are reserved. The Website, Service and Content may contain certain licensed materials, and Roland VS’s licensors may protect their rights in the event of any violation of this Agreement.
- 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 required for reasonable and customary use in describing the Services or any element thereof, 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 Services and Content that are not expressly granted by Roland VS to you are retained by Roland VS.
- 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.
- Term. Your access rights and license to the Service and Content, respectively, is effective during your Subscription Term, unless earlier terminated by you or Roland VS. Notwithstanding anything to the contrary, Roland VS reserves the right to suspend, permanently discontinue or terminate the Service, the Website, and your Account, or your access to any of the foregoing, at any time, if you fail to comply with any term(s) of this Agreement.
- Roland VS Right to Terminate. Roland VS may terminate your Account (and related Subscription) at any time in its sole and absolute discretion for any reason including, without limitation, upon the occurrence of any one of the events: (i) improper use of Password; (ii) the information provided by you during the Account registration process is found to be untruthful or inaccurate; (iii) improper use of the information provided on the Website or Service and/or taking any other action which adversely affects the Website, the Service, or Roland VS; or (iv) any violation of this Agreement. If Roland VS terminates an Account because of your breach of this Agreement (including for non-payment), Roland VS shall have no liability or responsibility to you or any third party.
- General. In the event an Account or Service is terminated by you for any reason (other than Roland VS’s permanent discontinuance of the Service), or by Roland VS for any of the reasons set forth in Section 4(c) above, no refund will be granted and you will have no further access to the subject Account (including to any Subscription Service or Content). Any delinquent or unpaid Account with unresolved disputes must be settled before Roland VS may allow you to register again.
- External Service; Third-Party Materials.
- The Service and Website may enable access to third-party services and websites (collectively and individually, "External Service"). Access or use of the External Service may require Internet access and use of certain External Service may require you to accept additional terms. You understand that by using any of the External Service, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the External Service at your sole risk and that neither Roland VS nor its agents will have any liability to you for content that may be found to be offensive, indecent, or objectionable.
- The Website, Service, or certain External Service may display, include or make available content, data, information, applications or materials from third parties ("Third Party Materials") or provide links to certain third party websites. You acknowledge and agree that neither Roland VS nor its agents are responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites. Neither Roland VS nor its agents warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third Party Materials or websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you. You rely on Third Party Materials at your own risk.
- Security. You understands and acknowledges that certain risks are inherent in the transmission of content and provision of services through the Internet and that these risks cannot and are not eliminated despite the measures Roland VS uses to maintain the security of its Website or Service. Because of these inherent risks, Roland VS makes no representation, warranty, covenant, or agreement that its security measures will be effective. You acknowledge and agree that all information and content that you provide is provided at your own risk.
- Copyright Infringement Claims. If you believe in good faith that any material or content Posted on the Website or Service constitutes a copyright infringement, please provide us with the information required by 17 U.S.C. § 512 (by sending it to us at [email protected]), including the following:
- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of the alleged infringing material and of where the alleged infringing material is located;
- 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;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- 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.
- DISCLAIMER OF WARRANTY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE, WEBSITE AND CONTENT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, WEBSITE AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ROLAND VS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE, WEBSITE AND CONTENT, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. ROLAND VS DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE, WEBSITE AND CONTENT, THAT THE FUNCTIONS CONTAINED IN OR SERVICE PERFORMED OR PROVIDED BY THE SERVICE, WEBSITE OR CONTENT WILL MEET YOUR REQUIREMENTS, THAT THE SERVICE, WEBSITE OR CONTENT AND OPERATION OF THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE, WEBSITE OR CONTENT WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ROLAND VS OR ITS AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. THE DISCLAIMER ABOVE APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
ROLAND VS DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION OR CONTENT ON THE SERVICE, WEBSITE OR EXTERNAL 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, WEBSITE OR EXTERNAL SERVICE, OR TRANSMITTED TO OR BY ANY USERS.
- LIMITATION OF LIABILITY.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL ROLAND VS BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, WEBSITE OR CONTENT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF ROLAND VS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL ROLAND VS’S TOTAL AGGREGATE LIABILITY TO YOU, AND YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT 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, WEBSITE, OR CONTENT UP TO TWENTY DOLLARS ($20.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
- Export Restriction. You may not use or otherwise export or re-export the Service or Content except as authorized by United States law. In particular, but without limitation, the Service or 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 this Service or 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.
- Governing law; Jurisdiction and Venue. The laws of the State of Washington, without giving effect to any principles of conflicts of law, govern this Agreement and your use of the Website, Service and Content. The parties submit to the exclusive jurisdiction and venue of any state and federal courts located in King County, Washington for any claims or proceedings arising out of or related to this Agreement and the use of the Website, Service and Content, and waive any jurisdictional, venue or inconvenient forum objections to such courts. Your use of the Website, Service and Content may also be subject to other local, state, national, or international laws.
- Changes to Agreement. Roland VS reserves the right to modify this Agreement at any time. When Roland VS does so, Roland VS may require you to accept the modified terms in order to continue to access the Website, Service and Content Your continued use after the date of any updates to this Agreement will constitute your acceptance of the updated Agreement.
- Contact Us. If you have any questions, complaints, or comments regarding this EULA, or have other questions or suggestions about our Website or Service, please contact us via e-mail at [email protected] or refer to our FAQs https://rolandcloud.com/faq.