Effective: May 1, 2014
Terms and Conditions of Use
You can use the Website in several ways: (a) you can simply view the Website; (b) you may also access this Website or pages via your mobile device, or (b) you may use the interactive features that Yamaha, its business partners, or third-party service providers make available on the Website or various mobile applications (apps) from time to time.
The Website is not intended for minors or children under 18 years of age. Yamaha does not knowingly collect personal information from children under 18. If you are under the age of 18, you may not use this Website or cause your Personal Information to be submitted to the Website.
1. Yamaha's Proprietary Rights. You acknowledge and agree that this Website, including, without limitation, the text, software, scripts, graphics, photos, sounds, digital images, audio clips, music, data, sayings, interactive features and the like ("Materials") and the registered and unregistered trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Yamaha, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Materials on the Website are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Yamaha reserves all rights not expressly granted in and to the Website, Marks and the Materials. You agree to not engage in the use, copying, or distribution of any of the Materials other than expressly permitted by Yamaha, including any use, copying, or distribution of third parties' materials obtained through the Website for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Website or the Materials therein.
2. Grant of License to Yamaha. You will retain ownership of the Contributions (defined below) that you post, contribute and upload to the Website. By making a Contribution to the Website, you hereby grant to Yamaha a perpetual, non-exclusive, fully-paid, royalty-free, irrevocable, sublicensable worldwide license to use, modify, create derivative works of, publicly perform, publicly display, reproduce, rent, resell and distribute such Contribution through the Website, in all media now known or hereafter created and in any other manner in Yamaha's sole discretion subject to the condition that Yamaha will provide you with worldwide attribution.
Responsibility for User's Material
1. own or have sufficient rights to post your Contributions on or through the Website;
2. will not post Contributions that violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of Yamaha or any other person;
3. have fully complied with any third-party licenses relating to Contributions, agree to pay for all royalties, fees and any other monies owing any person by reason of Contributions that you posted to or through the Website;
4. will not post Contributions that: (i) are defamatory, damaging, disruptive, unlawful, inaccurate, obscene, lewd, lascivious, filthy, threatening, excessively violent, harassing, advocate the violent overthrow of the government of the United States, incite, encourage or threaten immediate physical harm against another, including but not limited to Communications that promote racism, bigotry, sexism, religious intolerance or harm against any group or individual, or (ii) contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner;
5. will not post Contributions that contain advertisements or solicit any person to buy or sell any products or services (other than Yamaha products and services) unless authorized by Yamaha;
6. will not use the Website for any commercial purpose, including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications, or engaging in unauthorized framing of, or linking to, the Website without the express written consent of Yamaha;
7. will not post Contributions that constitute, contain, install or attempt to install or promote spyware, malware or other computer codes, whether on Yamaha's or others' computers, devices, or equipment, designated to enable you or others to gather information about or monitor the online or other activities of another party;
8. will not transmit chain letters, bulk or junk email, or interfere with, disrupt, or create an undue burden on the Website or the networks or services connected to the Website, including, without limitation, hacking into the Website;
9. will only submit information that is truthful and accurate; you will maintain the accuracy of such information, and will not impersonate any other person or entity, sell or let others use your profile or password, provide false or misleading identification or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity;
10. will not provide material support or resources (or conceal or disguise the nature, location, source or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to Section 210 of the Immigration and Nationality Act;
11. will not accept payment or anything of value from a third person in exchange for your performing any activity on the Website;
12. will not use the system to send unsolicited or commercial emails, bulletins, comments or other communications. As a reasonable estimation of such harm, you agree to pay Yamaha $50 for each such unsolicited email or other unsolicited communication you send through the Website; and
13. Further, you represent that you are a resident of a country that does not restrict or prohibit your use of websites or apps such as this Website or Yamaha's apps, and that you will comply with all local rules and laws of your country, province, state, territory or geopolitical region regarding online conduct and acceptable use of websites and this Website.
4. No Commercial Use by Users. The Website is for the personal use of users only and may not be used in connection with any commercial endeavors, except those that are specifically endorsed or approved by Yamaha. You shall not engage in unauthorized framing of or linking to the Website without the express written consent of Yamaha.
5. Device information. You agree that when you are connected to our services via custom applications (apps) or Wi-Fi, we may collect device-specific information such as your hardware model, operating system, unique device identifiers, and mobile network information including phone number. We may associate your unique device identifier or phone number with information that you may have used to register for certain services or purchase products. Server logs that are maintained by us or by our third-party service providers may contain information about the services that you have used, and your device-specific information. We may also maintain digital communications logs that track information like your phone number, calling-party number, forwarding numbers, time and date of calls, duration of calls, SMS routing information and types of calls. We may use your device's IP address or MAC address to track device-event information such as crashes, system activity, hardware settings, browser type, browser language, the date and time of your request and referral URL.
Yamaha's Rights to Manage Website and Terminate Users
7. Website Management. Yamaha reserves the right but does not undertake the obligation to: (a) monitor the Website for violations of this Agreement; (b) take appropriate legal action against anyone who, in Yamaha's sole discretion, violates this Agreement, including, without limitation, reporting you to local, national, or international law enforcement authorities; and (c) to otherwise manage the Website in a manner designed to protect the rights and property of Yamaha and others and to facilitate the proper functioning of the Website.
8. Yamaha's Right to Terminate Users. WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, YAMAHA RESERVES THE RIGHT TO, IN YAMAHA'S SOLE DISCRETION, TERMINATE THE ACCOUNTS OF REPEAT INFRINGERS.
This Site may contain sweepstakes or contests that require you to send in material or information about yourself or may offer prizes. Each sweepstakes or contest has its own rules which you must read and agree to before you may enter.
Legal Disclaimers & Liability
9. DISCLAIMER OF WARRANTIES. YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE, CONTENT AND WEBSITE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YAMAHA MAKES NO WARRANTY THAT (A) THE WEBSITE, CONTENT OR SERVICE PROVIDED BY OR THROUGH THIS WEBSITE OR ITS SERVICE PROVIDERS OR LINKED WEBSITES WILL MEET YOUR REQUIREMENTS, (B) THE WEBSITE, CONTENT OR THE SERVICE PROVIDED BY OR THROUGH THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, CONTENT OR WEBSITE SERVICES WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THIS WEBSITE WILL MEET YOUR EXPECTATIONS, (E) ANY ERRORS IN THE SOFTWARE RELATING TO THIS WEBSITE WILL BE CORRECTED, OR (F) THAT THIS WEBSITE, CONTENT OR ANY SERVICES PROVIDED BY OR THROUGH IT WILL BE FREE FROM VIRUSES, HARMFUL SOFTWARE OR OTHER DEFECTS
ANY MATERIAL OBTAINED THROUGH THE USE OF THIS WEBSITE IS OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, INCLUDING, WITHOUT LIMITATION, PERSONAL DIGITAL ASSISTANTS, SMART PHONES, NOTEBOOKS, NOTEPADS, OR ANY SIMILAR DEVICES, OR LOSS OF DATA OR DATA CORRUPTION THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YAMAHA OR THROUGH OR FROM THIS WEBSITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
SOME COUNTRIES, PROVINCES, TERRITORIES, STATES OR GEOPOLITICAL REGIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMERS OR PORTIONS OF THEM MAY NOT APPLY TO YOU. YOUR LEGAL RIGHTS MAY VARY FROM JURISDICTION TO JURISDICTION.
10. LIMITATION OF LIABILITY. IN NO EVENT SHALL YAMAHA OR ITS SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, FORESEEN OR UNFORESEEN, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF TIME OR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF YAMAHA OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND HOWEVER ARISING, INCLUDING NEGLIGENCE), RESULTING FROM OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, THE WEBSITE SERVICES AND/OR ANY CONTENT ON THE WEBSITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, IN NO EVENT WILL YAMAHA'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER BE IN EXCESS OF THE AMOUNT YOU PAID TO YAMAHA DURING THE SIX MONTHS PRIOR TO THE ALLEGED OCCURRENCE OR $100.00, WHICHEVER IS LESS.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, YAMAHA'S LIABILITY IN THOSE JURISDICTIONS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
THIS PROVISION AND THESE REMEDIES HAVE BEEN AN IMPORTANT CONSIDERATION FOR YAMAHA IN OFFERING THE WEBSITE. YOU AGREE TO THESE REMEDIES AND WAIVE ANY RIGHTS CONTRARY TO THESE REMEDIES, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IF YOU ACCESS OR USE THIS WEBSITE.
11. Indemnification. You agree to defend, indemnify and hold harmless Yamaha, its officers, directors, employees, affiliates, licensees, partners, subsidiaries and agents, third parties and service providers acting on Yamaha's behalf ("Indemnified Parties") from and against any and all claims, actions, losses, demands and liability costs and expenses (including without limitation reasonable legal and accounting fees), arising from: (a) your use of this Website or Website Services; (b) your breach of this Agreement; (c) any Contributions you post to the Website; and (d) any breach of your representations and warranties set forth herein. Yamaha, at your expense and Yamaha's discretion, may provide notice to you of Yamaha's election to assist you in defending any such claim, suit or proceeding, but doing so will not excuse you from your indemnity obligations. You agree to pay reasonable attorney and expert witness fees and costs incurred by Yamaha or its agents or service providers in enforcing this provision.
12. Release. You remise, release, acquit, satisfy, and forever discharge Yamaha, its officers, directors, employees, affiliates, licensees, partners, subsidiaries and agents, third parties and service providers acting on Yamaha's behalf and each of them from any and all causes of action, claims for relief, lawsuits, charges, complaints, debts, liens, contracts, agreements, promises, liabilities, demands, damages, losses, rights, benefits, obligations, attorneys' fees, costs or expenses of any kind or nature whatsoever, in law, equity or otherwise which you ever had, have or may have related in any way to your use of the Website and from all manner of actions, causes of action, claims, suits, debts, covenants, contracts, controversies, agreements, promises, claims, and demands you may or may not have or ever had, from the beginning of time.
13. Choice of Law and Forum. You and Yamaha agree to submit to the exclusive jurisdiction of the appropriate state or federal court where subject matter jurisdiction and venue is proper for Orange County, California, United States of America. You and Yamaha agree that any disputes shall be resolved under the substantive law of the state of California (exclusive of its choice of law provisions). The Convention for the International Sale of Goods shall not apply.
Term and Termination
14. Term and Termination. This Agreement shall remain in full force and effect while you use the Website or while you are employed by Yamaha. You may terminate your use or participation at any time, for any reason, by ceasing use of the Website. Yamaha may terminate your use or participation at any time, without warning.
Billings and Charges
15. Billing and Charges. If applicable to your transactions conducted through the Website, Yamaha reserves the right to charge the then-current prices and fees posted on this Website and as modified from time to time without advance notice to you. If you submit an order or request for services for which a payment or fee is required, you hereby authorize Yamaha or its third-party service providers to charge your credit card for all applicable fees, taxes, shipping/handling and charges, if applicable, including fees and charges applied by third parties or other service providers necessary to complete your request for services.
Yamaha reserves the right to modify fees and charges applicable at the time of renewal of subscriptions or services. Any periodic subscription fees will be billed automatically to your designated credit card at the start of each renewal period and you authorize such automatic billing for renewals.
You acknowledge that it is your responsibility to notify Yamaha or its third-party service providers of any changes to your credit card, including its expiration.
Charges will be those posted at time of order submission. You agree to pay any taxes, including sales or use taxes, shipping and handling fees as posted. All fees shall be paid in U.S. dollars. Charges will be posted at time of order submission to any credit card you have authorized. You agree to make payment within thirty (30) days of billing by your credit card service. Acceptance of late or partial payments (even if marked "Paid in Full") shall not waive any of Yamaha's rights to collect amounts due. Delinquent payments may result in the imposition of a late fee, at the rate of one percent of the unpaid balance per month, or the maximum allowable under applicable state law, whichever is higher. If payment becomes delinquent, Yamaha may suspend, disable or terminate services or access to you at this Website and related sites.
You acknowledge and agree that you will notify Yamaha or its responsible third-party service provider of any billing problems or discrepancies within sixty (60) days after they first appear on your credit card account statement. If you do not notify Yamaha or its third-party service provider within sixty (60) days, you waive any right to dispute such problems or discrepancies.
16. Passwords and User Accounts. When you create an account with the Website, you will be asked to supply a password. You must keep your password confidential, and are responsible for all use of your password and account. You may not disclose or share your password with any third parties or use your password for any unauthorized purpose. You are obligated to immediately report a lost or stolen password or username to Yamaha.
17. Modifications. Yamaha may at any time revise this Agreement, as well as the Website. Yamaha will alert all users with whom it maintains email information of such modifications. Any and all changes to this Agreement will also be reflected on the Website. IF YOU ARE A REGISTERED USER, AND, IF APPLICABLE, YOU MUST CLICK TO ACCEPT THE NEW AGREEMENT THE NEXT TIME YOU LOG ON TO THE SITE IN ORDER TO BE ABLE TO CONTINUE TO PURCHASE YAMAHA PRODUCTS. IF YOU ARE NOT A REGISTERED USER, YOU AGREE TO BE BOUND TO ANY CHANGES TO THIS AGREEMENT WHEN YOU USE THE WEBSITE AFTER YOU ARE NOTIFIED OF ANY SUCH MODIFICATION. YOU SHOULD KEEP YOUR CONTACT INFORMATION CURRENT TO ENSURE YOU ARE NOTIFIED OF ANY CHANGES.
18. Site Content Disclaimer. On occasion, information on this Website may contain errors, including, without limitation, typographical errors, inaccuracies, or omissions related to product availability, special offers, product promotions, pricing information, product descriptions, or product shipping charges and transit times. Yamaha reserves the right to, at any time without prior notice, correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Website is inaccurate (including after you have submitted your order).
19. Notices. When you visit this Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
20. Third-Party Links. Third-party links on this Website may direct you to third-party websites that are not affiliated with Yamaha that may be located in different countries, and those websites and the products sold on those websites are likely to be subject to the originating country's regulatory or product requirements. Yamaha is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions ("Third-Party Products") made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding Third-Party Products should be directed to the third party.
21. Entire Agreement. This Agreement constitutes the entire agreement between you and Yamaha regarding the use of the Website. This Agreement supersedes any and all previous proposals, negotiations, writings and other communication between you and Yamaha.
22. Waiver. The failure of Yamaha to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
23. Assignment. This Agreement will be binding upon and inure to the benefit of each party and their respective assigns. You may not assign your rights under this Agreement to any third party; Yamaha may assign its rights under this Agreement without condition.
24. Severability. This Agreement operates to the fullest extent permissible by law. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
25. Survival. The provisions herein dealing directly or indirectly with intellectual property, disclaimers of warranties, limitation of liability, compliance with laws and regulations, security, dispute resolution and use restrictions and prohibitions continue to apply and shall survive the termination or expiration of any relationship between you and Yamaha.