Terms of Use
Last Modified July 9, 2024
Thank you for visiting! These Terms of Use ("Terms of Use") apply to all of the Yamaha-operated websites, microsites, mobile applications, and any other digital services or properties operated or used, and any others released by Yamaha from time to time (collectively referred to as "Yamaha Sites," which also includes all content, functionality, and services offered on or through Yamaha Sites).
These Terms of Use, together with the Additional Terms referenced below, contain legal obligations you are expected to comply with, and affect your legal rights. Please read these Terms of Use and all Additional Terms carefully. By using Yamaha Sites in any way, you are creating a legally binding agreement between you and Yamaha, and you acknowledge that you have read, understood, and agreed to comply with and be bound by these Terms of Use and all Additional Terms. If you do not agree to these Terms of Use or any Additional Terms, you must not access or use any of Yamaha Sites.
Yamaha Sites are owned and operated by Yamaha Corporation of America, who we refer to (together with our affiliates, where applicable) as "Yamaha," "us," "we," or "our." References to "you" and "your" refer to you as a visitor to and user of Yamaha Sites. The term "content" refers to any information presented on or through Yamaha Sites, and includes text, data, graphics, images, photographs, video, audio, and any other presentation of information.
Additional Terms. In addition to these Terms of Use, your use of Yamaha Sites is also subject to the terms of all other policies and legal notices posted on or made accessible to you through your use of Yamaha Sites ("Additional Terms"). These Additional Terms include:
- Our Privacy Policy;
- Our Terms of Sale, which govern all purchases of products and software through Yamaha Sites;
- Any click-through agreements (generally indicated by requiring that you click a button marked "I Accept" "I Agree" "Okay" "I Consent" or other words or actions that similarly acknowledge your consent or acceptance) that may be required to access certain portions of Yamaha Sites or certain of our products and services; and
- Any other additional terms we may post from time to time relating to Yamaha Sites or any products, services, or promotions made available on or through Yamaha Sites.
- Changes to Yamaha Sites and Terms. We may make changes to Yamaha Sites at any time and for any reason, including to modify the products and services available for sale on or through Yamaha Sites. In addition, we may make changes to all or any portion of these Terms of Use or any Additional Terms at any time in our sole discretion. All modifications will be effective when posted to Yamaha Sites. It is your responsibility to check Yamaha Sites for updates. You will be able to determine when changes have bee made by referring to the "Last Modified" legend. Your use of Yamaha Sites signifies your acceptance of all the terms and conditions contained within the Terms of Use posted at the time of your use.
User Requirements; Personal Login Information. Yamaha Sites are intended only for persons 18 and older.
By using Yamaha Sites in any way, you represent, warrant, and agree that (a) you are at least 18 years old and a resident of the United States; (b) you are using your actual identity; (c) you have provided only true, accurate, and current information to us; and (d) you consent to our collection and use of the information you provide to us in accordance with our Privacy Policy.
When you use certain features of Yamaha Sites, you may be asked or required to provide certain information. For example, certain features and areas of Yamaha Sites are available only with registration, login, or a paid subscription. If you are required to register and select a unique login and password ("Personal Login Information"), you must keep your Personal Login Information confidential, including taking appropriate measures to maintain the confidentiality, such as logging off and closing the Internet browser, especially when you are connected to the Internet through an unsecured network or when using a public computer. Your Personal Login Information is personal to you, and you may not allow any third party to use it under any circumstances. We are not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information. You must contact Yamaha immediately if you become aware of or believe there is or may have been any unauthorized use of your Personal Login Information, or otherwise wish to deactivate your Personal Login Information due to security concerns.
We reserve the right to suspend or terminate any account at any time with or without notice. You may terminate your account at any time by contacting us.
- Intellectual Property Rights. You agree that Yamaha owns or otherwise has all proprietary rights in and to Yamaha Sites and all content, including (a) all information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, including audio clips, music, data, digital audio files or parameterized representations of digital audio files, digital music or MIDI files, podcasts, and artwork; and (b) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through Yamaha Sites. We (or our licensors) also own or otherwise have all rights in and to the copyrights, Yamaha Trademarks (defined below), and other intellectual property and proprietary rights throughout the world associated with Yamaha Sites, which are protected by applicable intellectual property rights and laws. We reserve all rights not expressly granted in and to Yamaha Sites. Other than as expressly permitted, you may not engage in the unauthorized use, copying, or distribution of Yamaha Sites or any content. If you download or print a copy of any content for personal use, you must retain all copyright and other proprietary notices contained therein. You may not otherwise reproduce, display, publicly perform, or distribute content in any way for any public or commercial purpose.
- License Grant. We grant you a personal, revocable, limited, non-exclusive, non-transferable license solely to access and use Yamaha Sites solely for your noncommercial personal use and for no other purpose, subject to your continued acceptance and compliance with these Terms of Use. We reserve the right to bar, restrict, or suspend any user's access to Yamaha Sites, and/or to terminate this license at any time for any reason. This license shall terminate automatically, without notice, if you breach these Terms of Use or any Additional Terms.
- Trademarks. Yamaha Sites include our trademarks, service marks, logos, slogans, brands, and brand names, trade dress and trade names, model and product names and other distinctive identification (collectively "Yamaha Trademarks"). All Yamaha Trademarks, including YAMAHA, the Tuning Fork logo, and Yamaha model and product names are all Yamaha Trademarks and are the property of Yamaha and/or our affiliates. You may not use any Yamaha Trademarks without our (or their) express written authorization. Nothing on Yamaha Sites shall be construed as conferring any license under any of Yamaha Trademark or other intellectual property rights, whether by estoppel, implication, or otherwise.
- License Restrictions. Unless otherwise expressly stated in these Terms of Use or with our prior written consent, you may not modify, translate, create derivative works of, copy, distribute, market, display, remove, or alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any information retrieval system (electronic or mechanical) Yamaha Sites or any portion thereof. Further, you may not (a) use Yamaha Sites for any unauthorized or illegal purpose or activity including any activity to obtain or attempt to obtain unauthorized access to Yamaha Sites; (b) interfere with the proper working of Yamaha Sites including the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, denial of service attack or other limiting routine, instruction or design; or (c) interfere with any other person’s use and enjoyment of Yamaha Sites.
Unsolicited Ideas. There are cases where third parties submit inquiries to Yamaha with the intention of making suggestions regarding inventions or ideas they have. Since such suggestions may involve inventions or ideas (regarding technologies, products, specifications, etc.) that Yamaha is already working on, but has not made public yet, there is a possibility of misunderstanding arising with such third parties. For this reason, we ask that you refrain from making any suggestions concerning inventions or ideas with the purpose of receiving rights or compensation for said suggestions. Should we receive such suggestions concerning inventions or ideas, they will be treated in accordance with the following rules:
- We will accept no responsibility for maintaining the confidentiality of any suggestions we receive from third parties.
- We will have no responsibility to return or respond to the contents of any unsolicited suggestions we receive from third parties, including any responsibility to pay compensation regarding such suggestions.
User Submissions. Yamaha Sites may now or in the future permit the publication of communications or data posted by you and other users ("Submissions"). Any Submission that you post to Yamaha Sites shall automatically be deemed non-confidential. By posting a Submission, you expressly grant Yamaha a royalty-free, perpetual, irrevocable, nonexclusive, worldwide license to use, reproduce, modify, publish, edit, translate, distribute, perform, display, and make derivative works of such Submission, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, and further including the unrestricted right to sublicense such rights.
You shall be solely responsible for your own Submissions and the consequences of posting or publishing them. In connection with Submissions, you agree that you will not: (a) post material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and grant us all licensed rights therein; (b) publish falsehoods or misrepresentations that could damage Yamaha or any third party; (c) post material that is obscene, defamatory, threatening, harassing, abusive, hateful or embarrassing to another user or any other person or entity; (d) post advertisements, solicitations of business, chain letters, pyramid schemes, or any similar money-making ventures; or (e) impersonate another person or misrepresent your affiliation with any person (including Yamaha).
We do not endorse any Submission or any opinion, recommendation or advice expressed in any submission, and we expressly disclaim any and all liability in connection with all Submissions. We do not screen Submissions in advance, and shall not be responsible for monitoring Submissions. If notified by a user of a Submission that allegedly does not conform to these Terms of Use, we may (but are not obligated to) investigate the allegation. We reserve the right to take any action we may deem appropriate in our sole discretion with respect to any such allegation and to determine, in our sole discretion, whether to remove or request the removal of any Submission. However, we have no liability or responsibility to anyone for any Submission.
- Responsibility for Use of the Internet and Yamaha Sites. Use of the Internet and Yamaha Sites is solely at your risk and is subject to all applicable local, state, national, and international laws and regulations. You understand that we cannot guarantee the confidentiality or security of any communication or other material transmitted to or from Yamaha Sites over the Internet or other communication network.
- Site Content. The content on Yamaha Sites is provided for your information only. Although we make reasonable efforts to ensure that our content is accurate, we do not warrant that it is complete, accurate, reliable, up-to-date, or error-free. We have no obligation to correct or update the content on any Yamaha Sites, and shall not be liable for omissions, typographical errors, or out-of-date information that may appear on Yamaha Sites.
- Use of Websites and Content outside of the United States. Yamaha Sites are provided for persons within the United States, and we make no claims regarding access or use of Yamaha Sites outside of the United States. If you use or access Yamaha Sites outside of the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms of Use. The United States controls the export of some products and information. You agree to comply with all applicable restrictions concerning the export or re-export of any data to countries or persons prohibited under the export control laws. By accessing and/or downloading any part of Yamaha Sites outside of the United States, you agree that you are not in a country where the downloading of such data is prohibited, and that you are not otherwise subject to such prohibition. You are responsible for complying with the laws of your local jurisdiction regarding the import, export, or re-export of any material, including software or data.
Third-Party Sites; Social Media Sites; Non-Endorsement. These Terms of Use apply solely to Yamaha Sites. Yamaha Sites may contain links to third-party websites that are not owned or controlled by us ("Third Party Sites"). We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any Third-Party Sites. In addition, Yamaha will not and cannot censor or edit the content of any Third-Party Sites. By using Yamaha Sites, you expressly relieve Yamaha from any and all liability arising from your use of any Third-Party Sites. Accordingly, we encourage you to be aware when you leave Yamaha Sites, and to read the terms and conditions and privacy policy of each other website that you visit.
Yamaha Sites may also provide opportunities for user interaction on social media sites where we post content or invite your feedback, such as Facebook, LinkedIn, Instagram, and various blogging sites ("Social Media Sites"). We do not control any Social Media Sites, and these Terms do not apply to Social Media Sites. It is your responsibility to review the terms of use, privacy policy, and other policies posted on the Social Media Sites.
Links to any Third-Party Sites or Social Media Sites are provided for your convenience. We do not control, guarantee, or otherwise endorse the organizations, entities, views, or content contained therein.
Mobile Applications. This section applies to any mobile application made available by Yamaha for downloading (each an "App"). To use the App you must have a mobile device that is compatible with the mobile service. We do not warrant that the App will be compatible with your mobile device. In addition, the App requires the Internet to function properly. We are not responsible for the availability or quality of Internet service during your use of the App. With respect to each instance in which you download an App, we grant to you a non-exclusive, non-transferable, non-assignable, revocable license to use an object code copy of the App for one registered account owned or leased solely by you, for your personal use. You may not: (a) modify, disassemble, decompile, reverse engineer, or create derivative works of the App; (b) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the App to any third party or use the App to provide time sharing or similar services for any third party; (c) copy, reproduce, republish, upload, post, transmit, or distribute the App in any way; (d) remove, circumvent, disable, damage, or otherwise interfere with security-related features of the App, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on use of the App; (e) delete the copyright, trademark, and other proprietary rights notices on the App; or (f) create another app to sniff, phish, scrape, or otherwise monitor Apps. You acknowledge that we, from time to time, may issue upgraded versions of the App, and may, depending on your device settings, automatically electronically upgrade the version of the App that you are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree that these Terms of Use, as may be revised from time to time, will apply to all such upgrades. You further understand and agree that, if the App on your mobile device is not upgraded, either automatically or manually by you, following the release of an upgraded version of the App, you may be unable to access, utilize or otherwise take full advantage of features, functionality, patches, offers, discounts, or rewards enabled by the upgraded version of the App. Similarly, you acknowledge and agree that some updates may not support older model devices resulting in the App no longer working on your device. We shall have no liability to you with respect to your continued use of the App if not upgraded upon release of a new version or your inability to use the App following such an upgrade. The foregoing license grant is not a sale of the App or any copy thereof, and we and our third-party licensors and suppliers retain all rights, title, and interest in and to the App (and any copy of the App). Standard carrier data charges may apply to your use of the App. Your use of any App may also be governed by the terms and policies of your mobile network provider, the app store from which you download the App, your device manufacturer or operating system/software provider, and credit card or third-party payment provider. Use of an App may transmit data concerning your use of the App to us or to third parties such as your payment provider. This information may include geolocation data (where you are when using the App) or payment data.
The following additional terms and conditions apply with respect to any App that Yamaha provides to you designed for use on an Apple iOS-powered mobile device (an "iOS App"):
- You acknowledge that these terms are between you and Yamaha only, and not with Apple, Inc. ("Apple").
- Your use of our iOS App must comply with Apple's then-current App Store Terms of Service.
- Yamaha, and not Apple, is solely responsible for our iOS App and the services and content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.
- You agree that Yamaha, and not Apple, is responsible for addressing any claims by you or any third party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims pertaining to our iOS App; (ii) any claim that our iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these terms and any law applicable to us as provider of our iOS App.
- You agree that Yamaha, and not Apple, shall be responsible, to the extent required by these terms, for the investigation, defense, settlement, and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using our iOS App).
- You and Yamaha agree that Apple and Apple's subsidiaries are third party beneficiaries to these terms as they relate to your license of our iOS App. Upon your acceptance of these terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms against you as they relate to your license of our iOS App as a third-party beneficiary thereof.
- Notice for Claims of Intellectual Property or Copyright Infringement. Yamaha respects the intellectual property of others, and, particularly as to Submissions in comments, discussion boards or in other user contributed content, as applicable, we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to Yamaha’s Copyright Agent at Yamaha Corporation of America, Attn: Legal Services, 6600 Orangethorpe Avenue, Buena Park, California 90620: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on Yamaha Sites; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
- Warranties Disclaimed. YAMAHA SITES AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER YAMAHA, OUR PARENT, AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, MEMBERS, OR TRUSTEES NOR ANY OF OUR AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, CONTRACTORS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY "YAMAHA PARTIES") PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT (A) YAMAHA SITES OR CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED BY YOU, ARE COMPLETE, ACCURATE, RELIABLE OR NON-INFRINGING; (B) ACCESS TO YAMAHA SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH YAMAHA SITES WILL MEET YOUR EXPECTATIONS; OR (D) CONTENT WILL REMAIN UNCHANGED OR ACCESSIBLE ON YAMAHA SITES. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH YAMAHA SITES OR CONTENT IS TO CEASE USING YAMAHA SITES AND CONTENT.
Exclusion of and Limitation of Liability. NONE OF THE YAMAHA PARTIES SHALL BE LIABLE, AND EACH DISCLAIM ANY LIABILITY, FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING (A) OUT OF THE USE OF OR INABILITY TO USE YAMAHA SITES AND/OR ANY CONTENT; (B) FROM ANY INTERRUPTION IN THE AVAILABILITY OF YAMAHA SITES AND/OR CONTENT; (C) FROM ANY LOSS OF DATA AND/OR FROM ANY EQUIPMENT FAILURE; (D) OUT OF THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PROBLEMS WITH THE GOODS, CONTENT AND/OR SERVICES PURCHASED OR OBTAINED FROM YAMAHA SITES, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM YAMAHA SITES; (E) FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (F) FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON YAMAHA SITES; (G) FROM ANY DELAY OR FAILURE OF YAMAHA SITES ARISING OUT OF CAUSES BEYOND YAMAHA’S CONTROL; (H) OUT OF THE USE OF, REFERENCE TO, OR RELIANCE ON, ANY CONTENT; (I) OUT OF ANY THIRD PARTY MATERIALS, INFORMATION, PRODUCTS AND SERVICES CONTAINED ON, OR ACCESSED THROUGH, YAMAHA SITES; (J) OUT OF ANY CONTENT, MATERIALS, ACCURACY OF INFORMATION, AND/OR QUALITY OF THE PRODUCTS, SERVICES OR MATERIALS PROVIDED BY OR ADVERTISED ON THIRD PARTY SITES OR SOCIAL MEDIA SITES; OR (K) OUT OF ANY OTHER MATTER RELATING TO YAMAHA SITES.
IN THE EVENT YOU ARE DISSATISFIED WITH, OR DISPUTE, THESE TERMS OF USE, ANY ADDITIONAL TERMS, OR ANY OF YAMAHA SITES OR ANY PORTION THEREOF, YOUR SOLE RIGHT AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR USE OF YAMAHA SITES, EVEN IF THAT RIGHT OR REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE. YOU CONFIRM THAT YAMAHA HAS NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU OR ANY OTHER PARTY. THAT SAID, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO YAMAHA SITES, OR ANY CONTENT OR OTHER INFORMATION, MATERIALS, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH YAMAHA SITES, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE GREATER OF (I) THE AMOUNT PAID BY YOU TO US TO ACCESS OR USE YAMAHA SITES OR OBTAIN THE APPLICABLE PRODUCTS AND SERVICES, OR (II) $100.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of Yamaha Sites must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.
- Indemnification. To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless the Yamaha Parties from and against all claims arising from or in any way related to your use of Yamaha Sites, any violation by you of these Terms of Use or any Additional Terms, or any other actions connected with your use of Yamaha Sites, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs, and attorneys’ fees. Yamaha will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this section except to the extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to the Yamaha Parties other than under this section.
Governing Law, Choice of Forum, Jury and Class Action Waiver. These Terms of Use shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Yamaha that arises in whole or in part from Yamaha Sites shall be decided exclusively by a court of competent jurisdiction located in Orange County, California. The failure to exercise or enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision.
YOU AND WE HEREBY WAIVE TO THE FULLEST EXTENT PERMITTED BY LAW ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT OR RELATED PROCEEDING BROUGHT TO ENFORCE, DEFEND OR INTERPRET ANY RIGHTS OR REMEDIES ARISING UNDER OR IN CONNECTION WITH THESE TERMS. FURTHER, YOU AGREE THAT YOU MAY ONLY RESOLVE DISPUTES IN YOUR INDIVIDUAL CAPACITY, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR AS CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ACTIONS ARE NOT ALLOWED.
- Entire Agreement. These Terms of Use, together with any revision, any Additional Terms, constitutes the entire agreement between you and the relating to Yamaha Sites and its use by you, and supersedes any previous written or oral communication regarding use of Yamaha Sites. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.
- California Residents. Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 1625 North Market Blvd., Suite N 112, Sacramento, California, 95834, or by telephone at (916) 445-1254. Hearing-impaired users can reach the Complaint Assistance Unit at TDD (800) 326-2297 or TDD (916) 322-1700. Their website is located at: http://www.dca.ca.gov.
- Yamaha Customer Support. If you have questions or comments, Yamaha Customer Support is available by telephone Monday through Friday, Pacific Time, during normal business hours, except for major holidays and other days specified each year or by mail at Yamaha Corporation of America, 6600 Orangethorpe Avenue, Buena Park, CA 90620.
Terms of Sale
- Online Ordering. You may order Yamaha products or services through Yamaha Sites. The products and services we make available on Yamaha Sites are for your personal, non-commercial use only and are available for shipment or delivery only within the United States. Unless otherwise indicated, all prices on Yamaha Sites are in U.S. Dollars.
- Placing Orders. You may place orders as a guest, or you may be required to set up an account to facilitate your online ordering. By submitting an order, you offer to purchase the products specified in the order. Any orders placed via Yamaha Sites are not considered accepted until we have shipped the order. We will send you an email confirming your order has been received and will notify you when your order is shipped.
- Subscriptions. Yamaha may offer paid subscriptions on Yamaha Sites. YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF YOUR SUBSCRIPTION TERM AND YOU EXPRESSLY AUTHORIZE AND AGREE THAT WE MAY CHARGE THE THEN-CURRENT SUBSCRIPTION FEE (PLUS ANY APPLICABLE TAXES) AT THE TIME OF RENEWAL TO AN ACTIVE PAYMENT METHOD ON FILE IN YOUR ACCOUNT. We will endeavor to send you an email notifying you of the change and the new subscription fee at least 30 days before the new subscription fee goes into effect. If you want to cancel your Subscription or if you would like to change your payment method or your email address, you can make the change through your online account. You may cancel your subscription within the first 30 calendar days of your paid subscription and receive a refund of the subscription fee you paid. If you cancel after the first 30 calendar days of your paid subscription, you will not receive a refund, but you can continue to enjoy the subscription services through the end of your subscription period. Subscription auto-renewal can be turned off for annual or monthly subscription by logging into your account and turning off auto-renew or by contacting Yamaha Customer Support.
Payment. Payment for products and services can be made by any of the methods specific at checkout, and payment will be charged to/debited from your account, as applicable, at the time you place your order. By providing a payment card or other acceptable payment method, you represent and warrant to us that you are authorized to use that payment method, and that you authorize us (or our third-party payment processor) to charge that payment method for the full amount of your purchase, including all taxes and delivery charges. We cannot confirm the price of an item until an order has been processed. Charges for your purchases will be posted either at time of order submission (for subscriptions and downloadable products) or at the time we ship your order (for physical products).
We may employ the use of third-party services for the purpose of facilitating payment and the completion of purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy. If payment is not received by us from your provided method of payment, you agree to pay all amounts due upon demand by us.
You acknowledge and agree that you will notify Yamaha or our third-party service provider of any billing problems or discrepancies within sixty (60) days after they first appear on your payment method account statement. If you do not notify Yamaha or our third-party service provider within sixty (60) days, you waive any right to dispute such problems or discrepancies.
- Errors or Inaccuracies. We make reasonable efforts to accurately describe our products offered on Yamaha Sites. However, we do not warranty that any specifications, pricing, or other content on the Yamaha s Sites is complete, accurate, reliable, up-to-date, or error free. We reserve the right to correct any errors or inaccuracies on Yamaha Sites, to change or update information, or to update or cancel orders if any such information is inaccurate, even after we have issued a confirmation of your order. If we cancel any orders after your payment method has been charged, we will issue a credit to your original form of payment.
- Changing or Cancelling Orders. To cancel or change an order, contact Yamaha Customer Support. Depending on where your order is in our fulfillment process, you may be able to change or cancel your order if the request is made before your order is shipped. Requests for changes or cancellations made after an order is placed are not guaranteed and accommodations cannot be provided after an order has shipped. Subscriptions may be canceled for full refund within the first 30 days of the Subscription term. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
- Prices, Sales Tax. Prices and fees posted on Yamaha Sites are subject to change without notice. Products or services ordered on Yamaha Sites may be subject to taxes or other fees in certain jurisdictions, based on the jurisdiction to which the order is shipped. If an item is subject to a tax or fee, in accordance with local tax laws, the tax is calculated on the total selling price of each individual item before any available discount is applied.
- Transfer of Title, Risk of Loss. For all physical products purchased online the risk of loss and title for such products pass to the purchaser upon the purchaser’s receipt of delivery of the product. Yamaha is not responsible for the purchased products once they are delivered, including for any theft or damage.
Shipping & Handling. We offer free Standard Shipping on every order to the continental United States, including Alaska and Hawaii. Once your order is processed, it will be shipped to the address provided at the time of purchase. You are responsible for verifying that the delivery address is correct, current, and accessible to our delivery drivers. We have no liability for orders that cannot be delivered due to address error or inaccessibility. Anticipated delivery times are as follows:
- Continental U.S.: Please allow 3-8 business days for delivery (Monday-Friday, not including holidays).
- Alaska and Hawaii: Please allow 6-16 business days for delivery (Monday-Friday, not including holidays).
We do not ship to freight forwarders, P.O. boxes, military, and diplomatic addresses (including APO, FPO and DPO), foreign/non-U.S. locations and U.S. territories, including American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands.
All purchases from Yamaha Sites are subject to applicable rules and regulations within the shipment contract of our preferred carrier.
Returning Physical Items. Physical merchandise can be returned within 30 days of date of shipment. To initiate a return, you must contact Yamaha Online Customer Support to request a Return Authorization (RA) number. Once you have been issued a RA number and return label from Yamaha Online Customer Support, repack the merchandise in the original packing materials and include all accessories that accompanied the original shipment. Returned merchandise without a RA number or missing accessories will be subject to delays in processing. Returned merchandise must be received by Yamaha within 30 days from date the original order was shipped to the customer.
If you need to return merchandise purchased from Yamaha and obtain an RA number, please contact Yamaha Customer Support.
Returning Downloadable Items. While Yamaha stands behind its MusicSoft™ downloadable products to be free of defects and malfunctions, we will offer full refunds or exchanges within 30 days of purchase in the following cases:
- The downloadable product you received is defective.
- The downloadable product was not ordered and is not in your order history.
- Incorrect compatibility information on our website led to the purchase of an incompatible item.
In these cases, please contact Yamaha Customer Support within 30 days of purchase. If you need to cancel or modify an order, please notify us immediately.
- Processing Returns. Our goal is to process your return promptly. Upon receipt of your eligible return, the return process is normally completed within 7-10 calendar days. Returns will be credited back to the original form of payment used to purchase the item. Defective merchandise will be exchanged for the same or similar products if returned within 30 days from the date of shipment.
Price Adjustments. If the price has been reduced for an item already purchased, we will adjust the sale price at the customer’s request within 30 days from the date of purchase.
- We will only make one sale adjustment per item.
- Sale adjustments will be credited back to the original form of payment used to purchase the item.
- We do not process automated price matching or sale adjustment requests generated by third-party services.
Please contact Yamaha Customer Support and we will be happy to assist you with your price adjustment.
- No Resale. The products available for purchase on Yamaha Sites are for personal use only. You may not sell or resell any products you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or otherwise reduce the quantity of any order that we believe, in our sole discretion, may result in a violation of our no resale policy.
- Product Warranties. The only warranties made with respect to the products on our site are those included with the product packaging materials or included in any terms accompanying your downloadable products. EXCEPT FOR ANY SUCH WARRANTY INCLUDED WITH PRODUCTS, THE PRODUCTS SOLD THROUGH THE SITE ARE PROVIDED ON AN "AS IS" BASIS AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Customer Support. For customers within the United States, Yamaha Customer Support is available Monday through Friday, Pacific Time, during normal business hours, except for major holidays and other days specified each year. If you have a question about your order, please contact Yamaha Customer Support.
For customers located outside of the U.S., interested in purchasing home audio equipment, professional audio equipment, musical instruments, and accessories, visit the Global Website of Yamaha Corporation to find a dealer near you.