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Terms of Use
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Yamaha Music Interactive, Inc. ("Yamaha Music Interactive") is pleased to give you access to this web site free of charge. Your use of this web site (this "Site"), and all information, products and services on this Site (collectively, the "Services") are subject to the binding legal terms set forth below ("Terms"). You understand we may update these Terms from time to time without giving you any notice. Unless we let you know by giving you notice, any new features or updated Services that we put on the Site will be subject to these Terms. BY USING THE SERVICES, YOU AGREE TO EACH OF THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION SET FORTH BELOW, YOU ARE NOT AUTHORIZED TO USE THE SERVICES FOR ANY PURPOSE.
The Site contains links to other web sites. Your use of such other web sites is subject to the terms of use, if any, contained within each such web site. If there is any conflict between the Terms set forth below and any terms or notices set forth on any other web site, then the terms of such other web site will control your use of that web site. Please review the terms of use for each web site so that you understand all of the terms that will apply.
In order to use the Services, you need Internet access. You also need equipment to access the Services, including computer, modem and other devices. You agree to pay for Internet access and the equipment needed, and Yamaha Music Interactive is not responsible for any of these costs.
You agree that you will pay, and that Yamaha Music Interactive may bill your credit card, as described below, for purchases, and any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your account. Yamaha Music Interactive may terminate your account at any time if you fail to make timely payments or if you fail to provide Yamaha Music Interactive with a valid credit card. If your account is terminated, you will be responsible for all amounts due as of the date of termination.
YOU ARE RESPONSIBLE FOR THE TIMELY PAYING OF THE FEES (AND ANY LATE FEES) ASSOCIATED WITH YOUR PURCHASE. ALL CHARGES AND FEES WILL BE BILLED TO THE CREDIT CARD YOU DESIGNATE IN THE REGISTRATION PROCESS. IF YOU WANT TO DESIGNATE A DIFFERENT CREDIT CARD OR THERE IS A CHANGE IN YOUR CREDIT CARD STATUS, YOU MAY CHANGE YOUR CREDIT CARD INFORMATION ONLINE OR CALL CUSTOMER SERVICE AT THE TELEPHONE NUMBER IDENTIFIED ON THE YAMAHA MUSIC INTERACTIVE WEBSITE. (There may be a temporary disruption in the ability to use YAMAHA MUSIC INTERACTIVE'S serviceS until Yamaha Music Interactive can verify the validity of the new credit card information.) IT IS YOUR RESPONSIBILITY TO PROVIDE YAMAHA MUSIC INTERACTIVE WITH A VALID CREDIT CARD TO BILL ALL AMOUNTS DUE.
Yamaha Music Interactive ships to locations all over the world. Yamaha Music Interactive's current shipping rates are available by clicking here: Shipping and Delivery.
If you are not completely satisfied with the products you have purchased from Yamaha Music Interactive you may be entitled to a refund for returned products. Yamaha Music Interactive's current return policy is available by clicking here:Refund and Return Policy.
Any information that we may collect from you during your use of the Site is subject to our Privacy Policy. For the full text of our Privacy Policy, please click here:Privacy.
When you order from Yamaha Music Interactive, you will be asked to give us some information about yourself. During the ordering process, you agree to give us true, accurate and complete information about yourself, and to update this information when it changes. If you do not update it, we may suspend or terminate your use of the Site as explained below. Any personal information that you provide to us is subject to the terms of our Privacy Policy. Please click here to read our Privacy Policy:Privacy.
When you sign up, you will select a user name and a password so that you can access your account with us. You agree that you will keep this information confidential. You are completely responsible for activities regarding your account and password. You agree to log off of the Services at the end of each session to prevent fraud on your account by third parties. If you think there has been unauthorized use of your account or password, you agree to immediately notify Yamaha Music Interactive and cooperate with us to resolve it. You understand that if you do not follow the terms of this paragraph, we may suspend or terminate your use of this Site as explained below. You understand that we are not responsible in any way, and will not be liable to you or to any third person, if you do not comply with the terms of this paragraph.
You may use the Services on the Site for your personal, non-commercial use. You may make a single copy of the individual screens you see when you use the Services, but only for your personal use, and not for further distribution or transfer to others, provided that you maintain any notices such as all copyright notices, trademark legends, or other proprietary rights notices. You may not-and agree not to-modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, products or services obtained from the Services, except as set forth below.
Not receiving a license or any other rights in the Site from us, including intellectual property or other proprietary rights of Yamaha Music Interactive, or any copyrights in the Site, its products or services. All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Yamaha Music Interactive or our content suppliers and protected by United States and international copyright laws. The compilation of all content on the Site is the exclusive property of Yamaha Music Interactive and protected by U.S. and international copyright laws. All software used on the Site is the property of Yamaha Music Interactive or our software suppliers and protected by United States and international copyright laws. All content on the Yamaha Music Interactive website is: reserved. YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO THE SERVICES OR ANY OTHER YAMAHA MUSIC INTERACTIVE PROPERTY EXCEPT AS WE INDICATE IN THESE TERMS.
The safety of children is very important to us. Yamaha Music Interactive is a general audience web site that complies with the Children's Online Privacy Protection Act. Our website is not targeted at children under age 13 and does not collect or use any personally identifiable information from them. Yamaha Music Interactive strives to create a truly safe place for children on the Internet and over the airwaves.
We believe that all members and visitors benefit from basic rules regarding conduct while using the Services so that everyone feels free to share opinions and ideas. The free flow of ideas is jeopardized when a few individuals act irresponsibly. To help everyone have a positive experience, we ask-and you agree-to follow the following basic rules of conduct when using the Site:
(1) You will follow these Terms and all applicable laws;
(2) You will never give your password to anyone (no Yamaha Music Interactive employee will ask for it) and you will not provide your billing or credit information except to make a purchase;
(3) You will not harass, threaten or abuse other people when using the Site in any manner;
(4) You will not interfere with others' use of the Site, including by interrupting other users' sessions, scrolling down (automatically or manually) to make it difficult for them, or otherwise act in a way that negatively affects other users' enjoyment of the Services;
(5) You will not collect or store personal information about any other individual on the Site, or otherwise stalk, repeatedly contact or harass another user;
(7) You will not manipulate the Services so as to hide your identity or participation in Services on the Site (by using another person's identity, changing headers, or otherwise modifying any other possible identifier);
(8) You will not send any bulk unsolicited advertising, promotional information, e-mail or other solicitation (including without limitation junk mail, "spam," chain letters or pyramid schemes of any sort) to any person through the use of the Services, except in areas that specifically authorize you to do so (auction forums, for instances);
If you violate any of the guidelines set forth above, or any other aspect of these Terms, we reserve the right to suspend or terminate your rights to use the Services without giving you any notice.
From time to time we may receive requests to disclose the identities of our users. We do not disclose the identities of ours users unless we are legally required to do so.
If a governmental agency (for example, the Securities and Exchange Commission, law enforcement agencies, US Attorneys' offices or similar governmental agencies) sends us a subpoena, we will comply with it. If we receive a subpoena by a third party that is not a governmental agency (for example, a subpoena in connection with civil litigation), we will contact the user whose identity has been requested using the contact information the user provided during the registration process. We will wait 10 days after notifying the user before complying with the subpoena, unless the subpoena requires us to disclose this information before then. If we cannot wait 10 days because of the deadline in the subpoena, we will let the user know the deadline included in the subpoena when we provide notice that we received it.
You understand that you are personally responsible for your behavior while on the Site and agree to indemnify and hold Yamaha Music Interactive and its affiliates and their officers, directors, employees and agents harmless from and against any loss, damage, liability, cost or expense of any kind (including attorneys' fees) that we may incur in connection with a third party claim or otherwise, in relation to your use of the Services or access to the Site, or your violation of either these Terms or the rights of any third party.
YOU UNDERSTAND THAT YOUR USE OF THE SERVICES (INCLUDING ANY DOWNLOAD FROM THE SERVICES AND ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE FROM USING THE SERVICES) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE, ARE PROVIDED ON AN "AS IS""WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT YAMAHA MUSIC INTERACTIVE MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOU UNDERSTAND THAT YAMAHA MUSIC INTERACTIVE DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SERVICES WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, YAMAHA MUSIC INTERACTIVE DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL YAMAHA MUSIC INTERACTIVE OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR THE SERVICES, EVEN IF YAMAHA MUSIC INTERACTIVE HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE.
We can terminate your access to the Site or the Services at any time. We may also remove any Member Content that you post without cause and without notice to you. We can also change these Terms at any time, without notice, and your continued use of the Services after any change we make will mean that you agreed with the changes. IN THE EVENT THAT YOU DO NOT AGREE TO ANY CHANGE, PLEASE DO NOT ACCESS OR USE THE SERVICES IN ANY MANNER FOR ANY PURPOSE.
Yamaha Music Interactive takes the protection of intellectual property rights, including copyrights, very seriously and expects our users to do the same. We have obtained licenses from the owners of the copyrighted works that are offered as part of our Services. By downloading copyrighted works through our Service, you are receiving a freely revocable, non-exclusive, non-transferable license to use the works for personal, non-commercial use. Unauthorized copying, distribution, modification, publication, sale, licensing, performance or display of copyrighted works is an infringement of the copyright holders' rights. Yamaha Music Interactive will terminate your access to, or use of, the Site and/or the Services, without notice to you, if you infringe or misappropriate the intellectual property rights, including copyrights, of others. In addition, you may be liable under applicable law. If you are a copyright owner who believes that certain content available on Yamaha Music Interactive infringes your copyright, please click here to see our Copyright Dispute Resolution Mechanism:Copyrights.
Yamaha Music Interactive™ is a trademark of Yamaha Music Interactive. Other product and company names mentioned herein may be the trademarks of Yamaha Music Interactive or their respective owners.
These Terms are the entire agreement between you and Yamaha Music Interactive. They supersede any and all prior or contemporaneous agreements between you and Yamaha Music Interactive relating to your use of the Site or the Services. If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. These Terms are governed by, and will be interpreted in accordance with, the laws of the State of New York, without regard to any choice of law provisions. You agree that, with the exception of injunctive relief sought by Yamaha Music Interactive for any violation of Yamaha Music Interactive's proprietary or other rights, any and all disputes relating to these Terms, your use of the Site or the Services shall be resolved by arbitration in accordance with the then-current rules of the American Arbitration Association (the "AAA") before an independent arbitrator designated by the AAA. The location of arbitration shall be New York, New York, USA. You can direct any questions concerning these Terms to:
Yamaha Music Interactive, Inc.
689 5th Avenue, 11th Floor
New York, NY 10022
Attention: Terms of Service