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://proav.roland.com/ (the “Website”) and your relationship with Roland Corporation, 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”, “we” or “us”). Your use of this Website means that you accept and agree to the Terms and Conditions. If you do not agree, please do not use the Website.
We may change the Terms and Conditions from time to time without notice to you, by posting such changes on this Website. By using the Website following any modifications to these Terms and Conditions, you agree to be bound by any such modifications to the Terms and Conditions, unless otherwise prohibited by applicable law. Therefore, please check the date that the Website was last updated, to ensure that you are up-to-date with its 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 Website unless and until Roland receives the consent of your parent or legal guardian.
By using the Website, including any software or content contained thereon, you agree that your use of the Website is entirely at your own risk. The Website is provided to you as a convenience to provide information relating to, and to discuss, Pro A/V products and related resources, but we do not guarantee the accuracy or completeness of such information. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE 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 WEBSITE 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 WEBSITE 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 WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
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 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 WEBSITE, (ii) INABILITY TO GAIN ACCESS TO OR USE THE WEBSITE, (iii) UNAUTHORIZED ACCESS TO OR MODIFICATION OF YOUR TRANSMISSIONS OR DATA, (iv) STATEMENTS OR CONDUCT OF ROLAND OR ANY THIRD PARTY ON THE WEBSITE, OR (v) BREACH OF ANY WARRANTY.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE RESPECTIVE LIABILITY OF ROLAND, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE PROVIDERS IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Your Use of the Service:
Registration Requirements if applicable:
It is possible that in you may be required to register before you are permitted access to certain portions of the Website. In this event 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 Website, including terminating your access to any information you may have stored on the Website.
The Website and any software used in connection with the Website contain 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 Website, 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 Japan, 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 Website, 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 Website.
User Conduct On the Website:
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 or mobile device, software, a modem and a telephone line or wireless connection.
While using the Website, you may not:
- upload, post, publish, transmit, reproduce, e-mail, or distribute in any way, any content obtained through the Website 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 Website itself or derivative works with respect thereto, as the Website is subject to copyright under applicable laws and international treaties; or
- upload, post, publish, transmit, reproduce, e-mail, distribute or in any way exploit any content obtained through the Website 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 Website; or
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Website; 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
Content on the Website:
We may disclose any information as we may deem necessary or appropriate to satisfy any applicable law, regulation or other governmental request, to operate the Website 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.
All information and content made available via the Website 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 to us, subject to applicable laws, including without limitation data privacy laws and our Privacy Statement. 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 Website:
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 Website 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 Website in violation of these Terms and Conditions by you, or if applicable, any users of your account.
We reserve the right to change any information on this Website, including but not limited to terminating the Website or revising and/or deleting features or other information without prior notice to you. 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 in Japan, if you are a resident of Europe, Asia, Africa, or Oceania/Australia, or located in Los Angeles County, California, if you are a resident of North or South America. The Terms and Conditions and the relationship between you and Roland shall be governed by the laws Japan, if you are a resident of Europe, Asia, Africa, or Oceania/Australia, and by the laws applicable in the State of California if you are a resident of North or South America, without regard in either case to their conflicts of law provisions. Notwithstanding the foregoing, you agree to comply with all local rules, in whatever jurisdiction, including those outside of Japan and 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 Website 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 parties’ intentions as reflected in the provision shall to the maximum extent permitted be given effect, and the other provisions of the Terms and Conditions shall remain in full force and effect.