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Terms of Use
Effective:
July 23, 2018
Terms
and Conditions of Use
Thank you for visiting YamahaPK.ideascale.com
(the "
Site
"). Please review these Terms of Use carefully
before using the Site. This Terms of Use Agreement ("
Agreement
")
constitutes a legally binding agreement made between you, whether personally or
on behalf of an entity ("
you
" or "
user
"), and
Yamaha Corporation of America ("Yamaha") concerning your access to
and use of the Site. By accessing or using the Site you accept and agree to
comply with this Agreement. If you do not agree to the terms of this Agreement,
please do not use the Site.
The Site 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 the Site or cause your personal information to be submitted to
the Site.
Ownership
1.
Proprietary
Rights of Yamaha.
You acknowledge and agree that this Site
and its contents ("Contents") 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.
The Site and its Contents 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. Yamaha reserves all rights not expressly granted
in and to the Site, Contents and Marks. You agree to not engage in the use,
copying, or distribution of any of the Contents other than expressly permitted
by Yamaha. You agree not to circumvent, disable or otherwise interfere with
security related features of the Site or features that prevent or restrict use
or copying of the Contents or enforce limitations on use of the Site or the
Contents therein.
2.
Ownership
of User Submissions.
This Site allows for you to submit
product- or service-related feedback, ideas and comments to Yamaha (each a
"User Submission"). You agree that, as between you and Yamaha, Yamaha
shall have sole and exclusive ownership of any User Submission submitted by you
on or through the Site, and that any such User Submission shall strictly comply
with this Agreement, including but not limited to the terms of Section 3 below.
3.
Rules
Governing User Submissions.
You are entirely
responsible for the content of, and any harm resulting from any User Submission
that you post on or through the Site. When you create or make available any
User Submission, you represent and warrant that:
1.
to the
best of your knowledge, the User Submission submitted by you on or through the
Site represents your own original work, you have all necessary rights to
provide any such User Submission to Yamaha, and any review and/or use of any
such User Submissions by Yamaha and/or its affiliates will not infringe the
right of any third party;
2.
you
understand that providing any User Submission on or through the Site does not
establish a confidential relationship or obligate Yamaha and/or its affiliates
to treat any such User Submission (or any related materials) as secret or
confidential;
3.
you
understand that neither Yamaha nor its affiliates has any obligation, either
express or implied, to develop or use your User Submission(s) and that no
compensation is due to you or anyone else for any inadvertent or intentional
use of the User Submissions, related ideas, or ideas derived from your User
Submission(s).
4.
you
will not post any User Submission that violates the privacy rights, publicity
rights, copyrights, digital rights management technologies, copyright
management information, patent rights, trademark rights, trade secrets,
contract rights or any other rights of Yamaha or any other person;
5.
you
will not post any User Submission that: (
i
) is
defamatory, damaging, disruptive, unlawful, inaccurate, obscene, lewd,
lascivious, filthy, threatening, excessively violent, harassing, advocates the
violent overthrow of the government of the United States, incites, encourages
or threatens 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) contains material that
solicits personal information from anyone under 18 or exploits people under the
age of 18 in a sexual or violent manner;
6.
you
will not post any User Submission that contains advertisements or solicits any
person to buy or sell any products or services (other than products and
services offered by Yamaha and/or its affiliates) unless authorized by Yamaha;
7.
you
will not use the Site 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 Site
without the express written consent of Yamaha;
8.
you
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;
9.
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 Site, 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 Site.
4.
Device
information.
You agree that when you are connected to the
Site, 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 to use the Site,
and/or any User Submissions that you provide on or through the Site. We may
also 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.
5.
Website
Management.
Yamaha reserves the right but does not undertake the
obligation to: (a) monitor the Site for violations of this Agreement; (b) take
appropriate legal action against anyone who, in the sole discretion of Yamaha,
violates this Agreement, including, without limitation, reporting you to local,
national, or international law enforcement authorities; and (c) to otherwise
manage the Site in a manner designed to protect the rights and property of
Yamaha and others and to facilitate the proper functioning of the Site.
6.
Right
to Terminate Users by Yamaha.
WITHOUT LIMITING ANY
OTHER PROVISION OF THIS AGREEMENT, YAMAHA RESERVES THE RIGHT TO, IN THE SOLE
DISCRETION OF YAMAHA; TERMINATE THE ACCOUNTS OF REPEAT INFRINGERS.
7.
DISCLAIMER
OF WARRANTIES.
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
THE SITE, CONTENT AND ANY RELATED SERVICES ARE PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. YAMAHA MAKES NO WARRANTY THAT (A) THE SITE,
CONTENT OR ANY RELATED SERVICES PROVIDED BY OR THROUGH THIS SITE OR ITS SERVICE
PROVIDERS OR LINKED WEBSITES WILL MEET YOUR REQUIREMENTS, (B) THE SITE, CONTENT
OR ANY RELATED SERVICES PROVIDED BY OR THROUGH THIS SITE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE SITE, CONTENT OR ANY RELATED SERVICES WILL BE ACCURATE OR RELIABLE,
(D) ANY ERRORS IN THE SOFTWARE RELATING TO THIS SITE WILL BE CORRECTED, OR (F)
THAT THE SITE, CONTENT OR ANY RELATED SERVICES PROVIDED BY OR THROUGH IT WILL
BE FREE FROM VIRUSES, HARMFUL SOFTWARE OR OTHER DEFECTS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YAMAHA
OR THROUGH OR FROM THIS SITE, 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.
8.
LIMITATION
OF LIABILITY.
IN NO EVENT SHALL YAMAHA, ITS AFFILIATES 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, ITS
AFFILIATES 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 SITE, CONTENT AND/OR ANY RELATED SERVICES ON
THE SITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, IN NO EVENT WILL
YAMAHA LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER BE IN EXCESS OF $100.00.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES, YAMAHA AND ITS AFFILIATES' 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 SITE. 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 SITE.
9.
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 behalf of Yamaha ("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 Site; (b) your breach
of this Agreement; (c) any User Submissions you post on or through the Site;
and (d) any breach of your representations and warranties set forth herein.
Yamaha, at your expense and at the discretion of Yamaha, may provide notice to
you of our 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.
10.
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 behalf of Yamaha 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 Site 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.
11.
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).
12.
Term
and Termination.
This Agreement shall remain in full force and
effect while you use the Site. You may terminate your use or participation at
any time, for any reason, by ceasing use of the Site. Yamaha may terminate your
use or participation at any time, without warning.
13.
Modifications.
Yamaha
may at any time revise this Agreement, as well as the Site. 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 Site. 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. IF YOU ARE NOT A REGISTERED
USER, YOU AGREE TO BE BOUND TO ANY CHANGES TO THIS AGREEMENT WHEN YOU USE THE
SITE AFTER YOU ARE NOTIFIED OF ANY SUCH MODIFICATION. YOU SHOULD KEEP YOUR
CONTACT INFORMATION CURRENT TO ENSURE YOU ARE NOTIFIED OF ANY CHANGES.
14.
Site
Content Disclaimer.
On occasion, information on this Site
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 Site is
inaccurate (including after you have submitted your order).
15.
Notices.
When
you visit this Site 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 Site. 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.
16.
Entire
Agreement.
This Agreement constitutes the entire agreement between
you and Yamaha regarding the use of the Site. This Agreement supersedes any and
all previous proposals, negotiations, writings and other communication between
you and Yamaha.
17.
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.
18.
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.
19.
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.
20.
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.