Effective: June 30, 2020
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.
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, digital audio files or parameterized representations of digital audio files, digital music or MIDI files, 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 for services such as sound file sharing services, and other social engagement services, including any use, copying, or distribution of third parties' materials obtained through the Website for any commercial purposes, including, without, limitation, digital audio files or parameterized representations of digital audio files, digital music or MIDI files;. You agree not to circumvent, disable or otherwise interfere with security related features of the Website, digital services or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Website or the Materials therein.
We grant you a personal, non-exclusive, non-transferable license to access our Website and to use the information and services contained here. Except as otherwise provided herein, use of the Website does not grant you a license to any Materials you may access on the Website and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Materials, in whole or in part. Any commercial use of the Website is strictly prohibited, except as allowed herein or otherwise approved by us. If you make use of the Website, other than as provided herein, in doing so you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on the Website.
- Grant of License to Yamaha. You will retain ownership of the Contributions (defined below) that you post, including, without limitation, digital audio files or parameterized representations of digital audio files, digital music or MIDI files, or 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, sub-licensable 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
- own or have sufficient rights to post your Contributions on or through the Website;
- will not post Contributions that violate 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;
- 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;
- 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;
- 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;
- 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;
- 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;
- 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;
- 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;
- 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;
- will not accept payment or anything of value from a third person in exchange for your performing any activity on the Website;
- 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;
- 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; and
- will not access data not intended for you or log into a server or account which you are not authorized to access, attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, attempt to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding”, “mailbombing” or “crashing”; or sending unsolicited e-mail, including promotions and/or advertising of products or services, or forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
- 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.
Yamaha’s Rights to Manage Website and Terminate Users
- 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.
- 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.
Ordering Online – Special Terms for Users
You may order Yamaha products or services through our Website or by visiting our online store. The products and services we make available on this Website 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 the Website are in U.S. Dollars.
- Registration. You may place orders as a guest or you may be required to set up an account to facilitate your online ordering by providing your name, address, telephone number and email address and by specifying a password. You agree that the information you provide will be complete, accurate and up to date. You agree to keep your password confidential; any transactions using your login information will be deemed to be authorized by you. 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 by telephone or email described below.
- Placing Orders. By submitting an order, you offer to purchase the products specified in the order. Any orders placed via the Website 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 the Website. 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 CARD 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 which payment card is charged or your email address, you can make the change through your on-line 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 the customer’s IDC account and select turn off auto-renew or by calling Yamaha Online Customer Support at 866-430-2652.
- Charging your Payment Card. 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). 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. 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.
- Errors or Inaccuracies. We reserve the right to correct any errors or inaccuracies on the Website, 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 credit card has been charged, we will issue a credit to your account in the amount charged.
- Changing or cancelling order. To cancel or change an order, please call Yamaha Online Customer Support at 866-430-2652. 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. Please note that prices and fees posted on this Website are subject to change without notice. Products or services ordered on the Website 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 without limitation, 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.
- 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.
Please note: All purchases from our website are subject to applicable rules and regulations within the shipment contract of our preferred carrier.
- Return Policy
Our goal is to process your return promptly. Upon receipt of your return, the return process is normally completed within 7-10 calendar days. Orders placed by credit card will be refunded to the credit card used to place the original order. Any orders placed through PayPal will be refunded to the PayPal account used for the order.
Defective merchandise will be exchanged for the same or similar products if returned within 30 days from the date of shipment.
- 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 use one of the contact options below:
- Call Yamaha Online Customer Support at 866-430-2652, Monday – Friday, 8:30 AM - 5:00 PM PST
- Returning Downloadable Items
While Yamaha stands behind its MusicSoft downloadables to be 100% 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 Online Customer Support online or call 866-430-2652, Monday – Friday, 8:30 AM - 5:00 PM Pacific Time within 30 days of purchase. If you need to cancel or modify an order, please notify us immediately.
- 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 call the Yamaha Online Customer Support at 866-430-2652 and we will be happy to assist you.
- Notice to California Customers
Yamaha Online Customer Support line can be reached at 866-430-2652, between 8:30 AM and 5:00 PM Pacific Time, Monday through Friday (except for major holidays and/or other days specified each year). If you have a complaint about your order, please contact us. For your reference, the Complaint Assistance Unit of the Division of the Consumer Services of The Department of Consumer Affairs may be contacted in writing at 400 R Street, Sacramento, CA 95814, or by telephone at 916-445-1254 or 800-952-5210.
- Non-US Customers
For customers located outside of the U.S. interested in purchasing home audio equipment, professional audio equipment, musical instruments and accessories, visit the Yamaha global site for your region to find a dealer near you.
Mobile Application - Special Terms for Users
- With respect to each mobile application made available by Yamaha for downloading (each an "App"), by taking the required steps to download the App or create an Account on the App, you are expressly agreeing that you have read, understand and agree to be bound by these Terms and any updates or amendments to these Terms. Check these Terms in the App or online periodically to access our most current Terms. To use the App you must have a mobile device that is compatible with the mobile service. Yamaha does not warrant that the App will be compatible with your mobile device. In addition, the App requires the Internet to function properly. Yamaha is 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, Yamaha hereby grants 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: (i) modify, disassemble, decompile, reverse engineer or create derivative works of the App, except to the extent that the law expressly prohibits such a limitation on you; (ii) 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; (iii) copy, reproduce, republish, upload, post, transmit or distribute the App in any way, unless specifically allowed in these Terms; (iv) 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; (v) delete the copyright, trademark and other proprietary rights notices on the App; or (vi) create another app to sniff, phish, scrape, or otherwise monitor Apps unless allowed by the platform for all apps on the Android and iOS platforms. You acknowledge that Yamaha, from time to time, issues 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 the terms and conditions of these Terms, 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. Yamaha 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 Yamaha and its third-party licensors or 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 Yamaha 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.
Apple Users: Users of Apps acknowledge that they have reviewed and agree to the terms of the online app marketplace from which they have downloaded the App. 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 the Yamaha’s 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.
- This Website 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
- 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. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW 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.
- LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW 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.
- 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 including, without limitation, digital audio files or parameterized representations of digital audio files, digital music or MIDI files; 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.
- 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.
- We respect the intellectual property rights of others and prohibit users from uploading and posting materials that infringes another party’s intellectual property rights. If you believe that your material has been copied in a way that constitutes copyright infringement, please provide our copyright agent the following written information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed upon; (iii) a description of where the material that you claim is infringing is located on the Website; (iv) your address, telephone number, and e-mail address; (v) 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 (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner of authorized to act on the copyright owner’s behalf. Our copyright agent for notice of claims of copyright infringement on the Website can be reached as follows:
Copyright Agent: firstname.lastname@example.org
It is often difficult to determine if your intellectual property rights have been violated or if the Digital Millennium Copyright Act (DMCA) requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove or disable access to the allegedly infringing material pending resolution of the matter. We will terminate the accounts of users that we determine are repeat infringers.
Please note that under Section 512(f) of the Copyright Act any person who makes false claims that material or an activity is infringing may be subject to liability for damages.
Time for Bringing Actions.
- Any claim or cause of action that you may have with respect to Yamaha or the Website must be commenced within one (1) year after the claim or cause of action arose.
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
- 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.
- If 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.
- We control and operate the Website from our offices in the United States of America, and all information is processed within the United States. We do not represent that materials on the Website are appropriate or available for use in other locations. Persons who choose to access the Website from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree to comply with all applicable laws, rules and regulations in connection with your use of the Website. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
- 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 WEBSITE 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.
- Site Content Error 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. We assume no responsibility for any such errors, deficiencies, inaccuracies, or omissions on the Website and do not guarantee that they will be corrected. In the event of an error involving product pricing, availability, or the terms of an offer, changes will take effect upon posting of the updated information on the Website, unless otherwise noted. 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).
- 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.
- 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.
- 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.
- 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.
- Successors; Assignment. This Agreement will be binding upon and inure to the benefit of Yamaha and its successors, licensees and assigns. You may not assign your rights under this Agreement to any third party without Yamaha’s express written consent; Yamaha may assign its rights under this Agreement without condition.
- 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.
- 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.
- Contacting Yamaha. If you have questions or comments you may contact us at by phone at 866-430-2652 (M-F 8:30 AM -5:00 PM Pacific Time); or by postal mail at Yamaha Corporation of America, 6600 Orangethorpe Ave., Buena Park, CA 90620.