Terms of Use
Please read the following terms and conditions of use (the "Terms of Use") which govern your use of, and access to, the "Site" located at www.rolandprofilecenter.com and the media profiles provided therein (collectively referred to as the “Service”); and your relationship with Roland DGA Corporation and third party content providers within this Site, including their successors in interests and assigns (collectively referred to as "Roland" or "We").
All of the contents, including text, images, product descriptions, illustrations, design, software files, media profiles and audio and video materials ("Materials"), contained in this Site are provided by Roland subject to your compliance with the terms and conditions set forth below. If you do not agree to this Terms of Use, you should not use the Site or download Materials from the Site. Your use of this Service means that you accept and agree to these Terms of Use. If you do not agree, do not use the Service.
We may change the Terms of Use from time to time and at any time without notice to you, by posting such changes on this Site. By using the Service following any modifications to these Terms of Use, you agree to be bound by any such modifications to the Terms of Use.
Privacy
Roland collects personal information when you register for the Site; you download any media profiles; you submit questions or comments to us; you request information or materials; and by other means that may be specifically provided for on the Site or in our correspondence with you.
If you download a media profile that is provided by a third party content provider, we may share your personal information with that particular third party content provider. Under such circumstances, your personal information may be used by such third party for their own purposes and in accordance with their own policies.
Ownership of Materials
The Site and its Materials are owned by Roland, are copyrighted and are protected under various laws. You may not distribute, modify, reproduce or use any Materials, in whole or in part, without the prior written consent of Roland, except as otherwise stated herein.
Roland retains full and complete title to the media profiles, and all intellectual property rights therein. You may use the media profiles only in conjunction with your Roland product. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the media profiles to a human-readable form.
Feedback and Information
Any feedback you provide at this Site, by electronic mail or otherwise, including data, questions, comments, suggestions or the like shall be deemed to be non-confidential and non-proprietary. Roland shall be free to use such information for any purpose on an unrestricted basis without further obligation to you.
Warranty Disclaimer
By using the Service or any Materials, including any media profiles, you agree that your use of the Service and Materials is entirely at your own risk. The Service and Materials are provided to you as a convenience to provide information and media profiles relating to Roland products and related resources, but we do not guarantee the accuracy or completeness of such information. THE SERVICE AND MATERIALS, INCLUDING ALL MEDIA PROFILES, ARE 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 AND MATERIALS DISCLAIM 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 MATERIALS 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.
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 MATERIALS, 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.
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 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 of Use. 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 Site, unless otherwise indicated. If you make other use of this Site, except as expressly permitted under the Terms of Use, 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 Site, does not convey to you any license or other authorization to such marks or materials. All other trademarks cited in the Site are the property of their respective owners.
Third Party Provided Content
Certain information contained on this Site, 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.
The inclusion or mention of third party profiles, products, companies, or web sites on this Site is for informational purposes only and constitutes neither an endorsement nor a recommendation. Roland makes no representations regarding the quality, safety or suitability of any products by third party companies.
Failure to Comply With Terms of Use 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 of Use, 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 of Use by you or any users of your account.
Miscellaneous
Unless otherwise specified, the Service and Materials are presented solely for the purpose of promoting products and providing support to customers in the United States and Canada. Roland makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, including without limitations U.S. export laws and regulations. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country on any such U.S. export prohibition list.
We reserve the right to change any information on this Site, including but not limited to terminating the Service or revising and/or deleting features or other information without prior notice to you. The content of this Site 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 of Use 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 of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use 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 of Use shall remain in full force and effect.