Please read these terms carefully before using this site.
Table of Contents
- Other Applicable Policies And Terms
- Information About Us
- Your Roli Account Registration
- Roli Software License
- Roli Services License
- Platform License Restrictions
- Your Content
- Content Restrictions; Liability For Content; Removal Of Content
- Ownership And Feedback
- Termination And Suspension
- Changes To The Platform
- Your Data And Privacy
- No Reliance On Information
- Limitation Of Our Liability; Disclaimer Of Warranty
- Third Party Content
- Assignment To Third Parties
- Entire Agreement
- Third Party Rights
- Applicable Law
Other Applicable Policies and Terms
1.2 The ROLI General Terms of Sale which applies if you purchase goods from our site.
2. Information About Us
We are a limited company registered in England and Wales under company number 07044888 and have our registered office at 2 Glebe Road, London E8 4BD. Our main trading address is the same as our registered office address. Our VAT number is GB 110 5722 61.
3. Your ROLI Account Registration
3.3 You are solely responsible for maintaining the confidentiality and security of your username and password, and you will remain responsible for all use of your username and password, and all activity from your account, whether or not such activity was authorised by you.
3.4 If your username or password is lost or stolen, or if you believe that your account has been accessed by unauthorized third parties, you are advised to notify us in writing and change your password at the earliest possible opportunity.
4. ROLI Software License
4.1 Description of Software. Software includes the ROLI Dashboard software, PolyThru software, Equator software, Noise software, and any other software products offered by us in the future.
4.2 Operating System Requirements. The operating system requirements for the Software may vary from time to time. Information on the operating system requirements is set out at here: https://support.roli.com/faq/minimum-system-requirements-for-equator-dashboard-and-polythru/
- install and use the Software for only on one computer device to enable the Software to interact with your ROLI Hardware, including without limitation the Seaboard or Blocks;
- provided it is used by you on only one computer device at any one time, transfer the Software from one computer device to another; and
- make a single copy of the Software solely for backup purposes and any documentation as is reasonably necessary for its lawful purpose, provided that you reproduce on it all copyright and other proprietary notices on the original copy of the Software;
4.4 Updates. We are not required to provide any updates of the Software, but may offer free supplementary software code or updates of the Software incorporating "patches," corrections of errors and Software updates, in our sole discretion (“Updates”) which are recommended. You acknowledge that downloading of such Updates may be necessary in connection with our warranty offer below. We reserve the right to discontinue a software product line at any time.
5. ROLI Services License
6. Platform License Restrictions
Except as expressly permitted, in using the Platform, which includes both the Services and Software, you agree to the following restrictions:
6.1 Not to violate, circumvent or attempt to violate or circumvent any data security measures employed by us; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorised to access; attempt to scan or test the vulnerability of our servers, system or network or attempt to breach our data security or authentication procedures; attempt to interfere with the Platform by any means including, without limitation, hacking our servers or systems, submitting a virus, overloading, mail-bombing or crashing;
6.2 Not to rent, lease, sell, sublicense, loan, translate, merge, copy, adapt, alter, vary or modify the Platform;
6.3 Not to deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person or otherwise use or attempt to use another person's account, password, or other information, unless you have express permission from that other person;
6.4 Not to collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping.
6.5 Not to disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Platform nor attempt to do any such things except to the extent permitted by applicable law;
6.6 Not to access the Platform in connection with any non-authorized operating systems, hardware or access points;
6.7 Not to use the Software, or permit use of the Software, or make functionality of the Software available for use, in a network, multi-user arrangement or remote access arrangement, including but not limited to by uploading the Software to a network or file-sharing service or through any hosting, application services provider, service bureau, software-as-a-service (SaaS) or any other online use or type of services, except as otherwise explicitly provided by us;
6.8 Not to create data or executable programs which mimic data or functionality in the Platform;
6.9 To only use the Platform in compliance will all applicable laws, including without limitation export controls and regulations.
7. Platform License Restrictions
7.2 Sharing Your Content: License to Other Users. Once your Content is on the Platform you may choose, in your discretion, to make that Content available to other users (also referred to as “Public Content”) and, in addition to the license you grant us above, you also license your Public Content to other users of the Platform through the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License located here.
7.3 Control of Content. You can limit and restrict the availability of your Content to other users of the Platform at any time using the settings, subject to the licences already granted to other users who have previously been given permission to deal with your Public Content. Where applicable, the licences granted in this section by you are granted separately with respect to each item of your Content that you upload to the Platform and identify as Public Content.
7.4 Deleting Your Content. Licences with respect to Content will terminate automatically when you remove such Content from your account, delete your account, or limit the availability of that Content, except you do not have the right to restrain other users or Roli from using your Public Content that you have previously granted a licence as set out above.
7.5 Moral Rights. With this license to other users,you unconditionally and irrevocably waive all moral rights in that Content to which you may now or at any future time be entitled under the Copyright, Designs and Patents Act 1988 as amended from time to time and under all similar legislation from time to time in force anywhere in the world.
8. Content Restrictions; Liability for Content; Removal of Content
8.1 Content Restrictions. You represent and warrant that you will only use Content that you have rights to and that does not create liability for us. You agree not to use the Platform in connection with any Content that:
- is offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent; promotes violence, terrorism, or illegal acts; incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in our reasonable discretion;
- violates, plagiarizes, defames, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information, other intellectual property or any other right or that is otherwise unlawful;
- you have not obtained the necessary consents, permission and/or releases to use in accordance with the license grants in this Agreement.
8.4 Notice and Takedown. It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). If you are a copyright owner or an agent of one, and you believe that any Content on the Platform infringe your copyrights, you may submit a notification to our Designated Copyright Agent. More information on submitting a notice can be found here.
8.5 Termination of Repeat Infringers. We will promptly terminate without notice those accounts of users which we determine are “repeat infringers.” A repeat infringer is a user who has been notified by us of infringing activity violations more than once.
9. Ownership and Feedback
9.1 Ownership. We are the owner or the licensee of all intellectual property rights in the Platform, and in the material published on it, except for Content as we described above. Subject to the licenses herein, you and your licensors retain ownership in your Content, and you acknowledge and agree that third party Content is owned by such third party or its licensors.
9.2 Feedback. We may, from time to time, invite or provide you with means to provide feedback regarding the Service, and in such circumstances, any feedback you provide will be deemed non-confidential and we shall have the right and royalty-free license, but not the obligation, to use such feedback on an unrestricted basis.
10. Termination and Suspension
You may terminate this Agreement at any time by sending notice in writing to us at [email protected] requesting such termination. Upon receipt of such a request we shall proceed to delete your account.
12. Changes to the Platform
We may update or change the Platform from time to time and we reserve the right at any time and for any reason to suspend, discontinue, terminate or cease providing access to the Platform or any part thereof, temporarily or permanently, in its entirety or with respect to individual territories only. In the case of any temporary or permanent suspension, discontinuation, or termination of access, provide reasonable notification.
13. Your Data and Privacy
14. No Reliance on Information
The content on our Platform is provided for general information only. It is not intended to amount to advice on which you should rely. Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
15. Disclaimer of Warranty; Limitation of our Liability
We do not guarantee that the Platform will be secure or free from bugs, viruses, errors, or that defects will be corrected. You are responsible for configuring your information technology, computer programmes and platform in order to access our Platform. You should use your own virus protection software.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE ROLI PLATFORM, INCLUDING THE SOFTWARE AND SERVICES, AND ANY MATERIALS OR OTHER PRODUCTS PROVIDED BY OR ON BEHALF OF ROLI PURSUANT TO THIS AGREEMENT ARE PROVIDED "AS IS" AND ROLI AND ITS LICENSORS AND SERVICE PROVIDERS HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING REPRESENTATIONS AS TO MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, INTEGRATION, THE QUALITY OF THE ROLI PLATFORM OR ANY ASSOCIATED PRODUCTS OR SERVICES, THIRD PARTY CONTENT, CONTENT, TIMELINESS, OR NON-INTERRUPTION.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any ROLI hardware products, which will be set out in our General Terms of Sale here.
You hereby agree to indemnify, defend and hold harmless, us, and our successors, assigns, affiliates, agents, directors, officers, employees, shareholders, licensors and service providers from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable legal fees, resulting from:
- Your Content; or
- any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of us.
17. Third Party Content and Services
The Platform may allow you to access or share your Content through certain third party services, including certain social media services. We, however, do not make any representations as to how third party services may handle your information, and you should review their terms carefully, and you agree that you will adhere to such third party terms as applicable. We are not responsible for the actions or policies of such third party services. We do not recommend or endorse any particular third party service and we disclaim any liability with respect to your Content that may be distributed through such third party services.
18.2 Billing. We use a third party payment processor (“Payment Processor”) to bill you through a payment account linked to your ROLI account on the Platform (“Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of such Payment Processor, in addition to these Terms. We are not responsible for error by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect and in accordance with then applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider. If we do not receive payment from you, you agree to pay all amounts due immediately upon demand.
18.3 Current Information Required. You must provide and keep current, complete, and accurate information for your Billing Account. You must promptly update all information upon any changes to the information in your Billing Account, and promptly notify us or your Payment Processor in the event of theft or security breach of your payment information.
19. Assignment to Third Parties
We may assign our rights and (where permissible by law) our obligations under this Agreement, in whole or in part, to any third party at any time without notice, including without limitation, to any person or entity acquiring all or substantially all of our business or assets. You may not assign this Agreement or the rights and duties hereunder, in whole or in part, to any third party without our prior consent.
21. Entire Agreement
22. Third Party Rights
Except as expressly provided elsewhere in this Agreement, a person who is not a party to this Agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under this Agreement are not subject to the consent of any other person.
23. Governing Law and Jurisdiction
23.3 If you live outside the US, UK and EU, EEA or Switzerland, you agree to the laws and jurisdiction of New York as noted above in section 23.2.
As described herein, you may have additional rights as a consumer under your local law.
ROLI and Seaboard are registered trademarks of ROLI, in the UK, US and other countries. Noise, Blocks, Juce, PolyThru, Dashboard, Equator and associated logos are unregistered trademarks owned and used by ROLI in the UK, US and other countries.
This agreement has been prepared in English and this English version shall prevail and be binding even though a foreign translation may also be prepared as a courtesy to you.