Effective: January 2008
YAMAHA MUSIC AND WELLNESS INSTITUTE, INC.
TERMS OF USE AND COPYRIGHT NOTICE
THANK YOU FOR VISITING OUR SITE. BEFORE USING THIS WEB SITE, YOU (“YOU” OR
“USER”) SHOULD CAREFULLY READ THE TERMS BELOW, SINCE BY USING THIS WEB SITE,
THESE TERMS WILL APPLY TO YOU.
THEY CONTAIN IMPORTANT INFORMATION REGARDING (1)
OUR OBLIGATIONS AND LIMITS ON THOSE OBLIGATIONS, (2) YOUR RESPONSIBILITIES AS A
USER OF THIS SITE, AND (3) THE PROCEDURES BY WHICH THESE OBLIGATIONS AND
RESPONSIBILITIES WILL BE DETERMINED.
THESE PROCEDURES INCLUDE THE USE OF ARBITRATION TO RESOLVE ANY
DIFFERENCES THAT MAY ARISE.
IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD
IMMEDIATELY HALT YOUR USE OF THIS SITE.
EACH TIME YOU ACCESS OUR WEB SITE OR USE ANY OF ITS
SERVICES, YOU AGREE TO ACCEPT THESE TERMS AND CONDITIONS IN THEIR MOST CURRENT
FORM. THESE TERMS AND CONDITIONS INCLUDE
ANY ADDITIONAL TERMS AND CONDITIONS WHICH ARE REFERENCED HERE. THE TERMS FOR
THIS WEB SITE MAY BE MODIFIED FROM TIME TO TIME, SO YOU SHOULD CHECK THIS SITE
PERIODICALLY FOR CHANGES.
General
Yamaha
Music and Wellness Institute, Inc. (“YMWI”) maintains this Web Site to make
available its information, products and services for you, the User. This Web Site is owned by YMWI in Buena Park, California,
the United States,
and hosted by a third-party service provider.
This Web Site is intended for use by persons located within the United States only; it is not offered for use
outside the United States
at this time. As such, YMWI makes no representation that materials on this site
are appropriate for or available for use in other countries or locations.
By
accessing this Web Site in any way, You agree that You will comply with all
applicable laws and regulations, including but not limited to the laws of the United States, the State of California and the state in which You are
located, including but not limited to copyright, trade mark, obscenity,
privacy, defamation and export laws.
You
agree to provide true, accurate, current and complete information in your
entries and data provided to this Web Site and YMWI. If You are receiving
services from YMWI on an on-going basis, You agree to keep this data up-to-date
with any appropriate revisions.
This
Web Site is intended for use by persons of age 18 or older and is not directed
at children. Children under the age of
18 may use this site only with the supervision and consent of parent or
guardian.
Modifications
YMWI
may at any time revise these terms and conditions, as well as its service
offerings and pricing of such services, by updating this Web Site posting. By
using this Web Site, you agree to be bound by any such revisions and should
periodically visit this Web Site to determine the then-current Terms and
Conditions of Use.
Limitations on Use; Prohibited Uses
IF
YMWI DETERMINES IN ITS SOLE DISCRETION THAT YOU ARE VIOLATING THESE USE
LIMITATIONS, YMWI MAY IMMEDIATELY SUSPEND AND TERMINATE YOUR ACCESS TO THIS WEB
SITE, WITHOUT LIABILITY TO YMWI AND WITHOUT ADVANCE NOTICE TO YOU.
Use
of this Web Site or its services by any User or entity obtaining access to this
Web Site is governed by these limitations on your use. These limitations have been created to
promote the integrity, security, reliability and privacy of our Web Site. Any
violation of these limitations may result in immediate suspension or
termination of Your access to our Web Site, as well as the pursuit of all other
legal remedies available to YMWI.
This
Web Site and the services provided by it may be used only for lawful purposes
and may not be used to violate any operating rule, policy, or guideline of YMWI,
any of its affiliates, partners or any other internet service provider.
You
may not use this Web Site or related services to transmit, distribute, store or
destroy any data, material, software or hardware (as determined by the sole
judgement of YMWI): (i) in violation of any applicable law or regulation, (ii)
in any manner that might infringe the copyright, trademark, trade secret or
other intellectual property rights of others or violate the privacy, publicity
or other personal rights of others, (iii) in a manner that is defamatory,
obscene, hateful, threatening, abusive, or otherwise objectionable, or (iv) in
violation of the specific guidelines outlined below.
You
are prohibited from violating or attempting to violate the security of this Web
Site, including without limitation, (1) accessing data not intended for You or
logging into a server or account which you are not authorized to access, (2)
attempting to probe, scan or test the vulnerability of a system or network or
to breach security or authentication measures without proper authorization, (3)
attempting to interfere with use by or service to any user, visitor, host, or
network, including without limitation, by submitting a virus or other harmful
code or software to this Site, by overloading, “flooding”, “spamming”,
“mailbombing” or “crashing”, (4) sending unsolicited e-mail including
promotions and/or advertising of products or services, or (5) creating any
forged, false or misleading information, including header, origin, or routing
information, in any e-mail, upload or posting.
Additional Specific Prohibited Uses are listed
below and apply to You.
Violations
of system or network security may result in your or others’ civil or criminal
liability. YMWI may involve and
cooperate with law enforcement authorities in prosecuting users who are
involved in such violations. YMWI’s sole judgment applies to determinations of
these limitations and prohibited uses.
If
You become aware of any prohibited use by other Users, You agree that you will
report this information immediately to YMWI at privacypolicy@yamaha.com.
YAMAHA CORPORATION OF AMERICA’S PROPRIETARY RIGHTS
You
acknowledge and agree that this Web Site, its content and the services provided
by it and any software used in connection with this Web Site or other web sites
and provided by or through YMWI, contain proprietary and confidential
information protected by intellectual property (copyright, trademark, service
mark, patents, etc) laws, international treaty provisions and other laws,
including those concerning privacy and publicity, and which are and continue to
be the property of YMWI and/or its service providers and other entities.
You
agree not to copy, reproduce, republish, modify, distribute, sell, rent, lease,
loan, transmit, display, perform or create derivative works of the content of
this Web Site or otherwise based on this Web Site, the software used, all other materials, text,
graphics, logos, images, audio clips, music, data and other materials used in
connection with this Web Site or other web sites made accessible by YMWI, or
the arrangement of these materials or content, without the express written
permission of YMWI or as otherwise permitted by applicable law. You agree to
keep intact all such software and that you will not alter any copyright or
other proprietary notices contained in
the software or content provided in connection with this Web Site. The reproduction, redistribution or
transmission of such software or other Web Site materials is expressly
prohibited and may result in severe civil and criminal penalties. YOU MAY NOT DECOMPILE, DISASSEMBLE, REVERSE
ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY TRADE SECRET CONTAINED IN ANY
SOFTWARE OR WEB SITE MATERIALS PROVIDED.
You
acknowledge that the Software and other Web Site materials, and any
accompanying documentation or technical information, are subject to the export
control laws and regulations of the United States. You agree not to export the Software or other
Web Site materials, directly or indirectly, to any countries that are subject
to export restrictions.
You
agree not to modify the software in any manner or form or to use modified
versions of the software, including (without limitation) for the purpose of
obtaining unauthorized access to this Web Site or services provided by or
through it. You agree not to copy or
adapt the code that is used to generate this Web Site. You agree not to access
this Web Site or its services by any means other than through the interface
that is provided by YMWI. You may not
create a browser for, border environment, frame or replicate our content.
YMWI
grants you a personal, non-transferable, revocable and non-exclusive license to
use the object code of its software on a single computer for your personal,
non-commercial use only, provided that you do not (and do not allow any known
or unknown third party to) in any media, copy, modify, create a derivative work
of, reverse engineer, reverse assemble or otherwise attempt to discover any
source code, sell, assign, sublicense, grant a security interest in or
otherwise transfer any right in the software.
This
license expires immediately upon termination of services under this Web Site by
either YMWI or You, whichever first occurs.
Upon such termination, You must immediately halt all use of and access
to YMWI intellectual property and return or destroy to YMWI’s express
satisfaction any YMWI intellectual property of which You have possession.
Copyright and Trademark Notices
The
information on this web site is protected by U.S. and International copyright.
Copyright
© 2008 Yamaha Music and Wellness Institute, Inc.
The
trademarks, service marks and logos used and displayed on this Web Site are
registered and unregistered trademarks of YMWI or its parent company, unless
otherwise noted. Nothing on this Web
Site grants, by implication, estoppel or otherwise, any license or right to use
any trademark, without YMWI’s authorization and written permission. The name and trademarks of YMWI, including
logos, may not be used in any way, including in advertising or publicity
pertaining to this Web Site, without YMWI’s prior written permission. You are not authorized to use any YMWI logos
as a hyperlink to this Web Site unless You obtain YMWI’s written permission in
advance.
All
rights not expressly granted herein are reserved.
Service Marks
The
names of 3rd party companies, products and services mentioned on
this Web Site may be the trademarks of their respective owners.
Copyright Complaints
It
is YMWI’s policy to comply with all intellectual property laws and, in
appropriate circumstances, to terminate the use or accounts of Users who infringe
the intellectual property rights of others.
If
You believe that your work has been infringed, send a notice of copyright
infringement to YMWI’s Designated Agent for Copyright Infringement:
Manager,
Legal Department
Designated
Agent for Copyright Infringement
Yamaha
Music and Wellness Institute, Inc.
6600 Orangethorpe Avenue
Buena Park, CA 90620
Fax:
(714) 522-9832
Your
notice must include:
a. Physical or electronic signature of the
copyright owner or the person authorized to act on behalf of the copyright
owner
b. Identification of the copyrighted work
claimed to be infringed
c. Description of where the alleged
infringements are located in the Services
d. Your name, address, telephone number and
email address
e. A statement of good faith belief that the
material is infringing
f. A statement that, under penalty of perjury,
the information in the notification is represented to be accurate and that the
complaint is authorized by the copyright holder.
Once
proper notice has been received, YMWI may take the following action:
a. YMWI will remove or block access to
infringing material; and
b. YMWI will notify the subscriber of the
copyright infringement notification;
The
subscriber must provide a counter notice that contains the following
information:
a. Physical or electronic signature of the
subscriber
b. Identification of the material that has been
removed or to which access has been disabled
c. Statement that the subscriber has a
good faith belief that the material did not constitute copyright infringement
d.
Subscriber’s name, address, telephone number, and email address and
e.
Statement that the subscriber consents to jurisdiction in federal court
and provides the counter notice information under penalty of perjury
If
YMWI receives a counter notification, it will forward this notification to the
original complaining party. If the
complaining party does not respond to the counter notice by filing a lawsuit, YMWI
will restore the material or access to the material within ten to fourteen days
of the receipt of a counter notification.
Disclaimer Regarding Links to Other Sites and
Information Provided by Others
YMWI
may provide hyperlinks or pointers to other Web Sites maintained by third
parties, service providers, advertising entities or affiliates, or YMWI may
provide third party content on this Web Site by framing or other methods. Other
users may provide or post information and content. These links and information
are provided for your convenience or information only.
The content in any third party posting or in any
other linked Web sites is not under YMWI’s control and YMWI is not responsible
for, does not endorse and is not liable, directly or indirectly, for the
content, actions of or damages caused by such content, information or third party site, including any further links
within the third party site.
The privacy policies and terms and conditions of
these third party sites will be different than YMWI’s. If you choose to access any of the third
party information or sites linked to this Web Site, you do so entirely at your
own risk.
It
is up to you to take precautions to ensure that the third party you link to for
your use has terms and conditions, privacy and other use policies acceptable to
you, that it is free of computer viruses, worms, trojan horses, and other items
or software of a harmful nature, and that the party you are dealing with has
appropriate background, insurance, licensing, reputation or quality of service
that You require.
In
the event that You have a dispute with any such third party, You release YMWI
(and its affiliates, service providers, suppliers, agents and employees) from
any and all claims, demands and damages pursuant to the provisions contained
herein. YMWI is under no obligation, but does reserve the right to, screen
third party content and links.
“As Is”
Disclaimer of Warranties
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR
USE OF THIS WEB SITE IS AT YOUR SOLE RISK.
THE SERVICES PROVIDED BY THIS WEB SITE ARE ON AN “AS IS” AND “AS
AVAILABLE” BASIS. YMWI EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT, ACCURACY, AUTHORITY, COMPLETENESS,
USEFULNESS AND TIMELINESS.
YMWI
MAKES NO WARRANTY THAT (1) THE SERVICE PROVIDED BY OR THROUGH THIS WEB SITE OR
ITS SERVICE PROVIDERS OR LINKED WEB SITES WILL MEET YOUR REQUIREMENTS, (2) THE
SERVICE PROVIDED BY OR THROUGH THIS WEB SITE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE, (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
THIS WEB SITE WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH
THIS WEB SITE WILL MEET YOUR EXPECTATIONS, (5) ANY ERRORS IN THE SOFTWARE
RELATING TO THIS WEB SITE WILL BE CORRECTED OR (6) THAT THIS WEB SITE OR ANY
SERVICES PROVIDED BY OR THROUGH IT WILL BE FREE FROM VIRUSES, HARMFUL SOFTWARE
OR OTHER DEFECTS.
ANY
MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB SITE IS
OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YMWI OR
THROUGH OR FROM THIS WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN
THESE TERMS AND CONDITIONS.
In the United States, some states 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 state to state. IF YOU ARE
DISSATISFIED WITH ANY PORTION OF THESE TERMS AND CONDITIONS OF USE, YOUR SOLE
AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEB SITE AND ITS SERVICES.
Limitation
of Liability
IN
NO EVENT SHALL YMWI OR ITS SERVICE PROVIDERS BE LIABLE 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 YMWI OR
ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND
HOWEVER ARISING, INCLUDING NEGLIGENCE), RESULTING FROM OR IN CONNECTION WITH
(1) THE USE OR INABILITY TO USE YMWI’S SERVICES THROUGH THIS WEB SITE, (2) THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES THROUGH THIS WEB SITE, (3) ANY
CLAIMS, INCLUDING THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES,
RESULTING FROM ANY GOODS, DATA, INFORMATION, SOFTWARE, GRAPHICS OR SERVICES PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE;
(4) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (5)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY OR OTHER ENTITY ON THE INTERNET
ENCOUNTERED THROUGH THIS WEB SITE OR ITS SERVICES; OR (6) ANY OTHER MATTER
RELATING TO THE SERVICE. IN NO EVENT
WILL THE LIABILITY OF YMWI BE IN EXCESS OF THE AMOUNT YOU HAVE PAID TO YMWI DURING
THE PREVIOUS SIX MONTHS OR $500.00 IN U.S. DOLLARS, WHICHEVER IS
LESS.
BECAUSE
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES,
YMWI’S LIABILITY IN THOSE JURISDICTIONS SHALL BE LIMITED TO THE FULLEST EXTENT
PERMITTED BY LAW. However, if you are
not satisfied with these limitations, you must discontinue using this Web Site
and its services.
Indemnification
You
agree to defend, indemnify and hold harmless YMWI, its officers, directors,
employees, affiliates, partners, subsidiaries and agents, third parties and
service providers acting on YMWI’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: (1) your use of this Web Site or its services or content, (2) your breach of this Web Site’s Terms
and Conditions of Use and Copyright Notice or Privacy Policy as
posted on this site and as modified from time to time, (3) any information submitted,
posted, or otherwise provided by You through this Web Site, (4) any dispute or
litigation between an Indemnified Party and a third party caused by your
actions, and (5) your negligence or violation or alleged violations of any
rights of another, based on your use of this Web Site, its services or
content. YMWI, at your expense and YMWI’s
discretion, may provide notice to you of YMWI’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 YMWI
or its agents or service providers in enforcing this provision.
Dispute
Resolution, Arbitration of Disputes and
Choice of Law and Venue
Any
dispute arising between You and YMWI must first be presented to the other party
for resolution, in accordance with the Notice provision below. You agree that you will file any dispute you
have with YMWI within one (1) year of the time that such claim arose and that
any disputes raised by You later are forever barred. You
agree that You waive any entitlement, at law or equity, to a longer period to
raise such disputes.
If
this dispute can not be resolved within sixty days, the complaining party must
submit its claim for settlement by final and binding arbitration. Judgment on
the award rendered by the arbitrator may be entered by a court of competent
jurisdiction. Arbitration will be
conducted by a single arbitrator and in Orange
County, California. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU ARE
GIVING UP THE RIGHT TO HAVE ANY DISPUTE REGARDING THIS AGREEMENT HEARD BY A
JURY AND DETERMINED BY A COURT OF LAW.
You
and YMWI agree that the services provided by this Web Site evidences a
transaction in interstate commerce and this provision for arbitration will be
interpreted and enforced in accord with the Federal Arbitration Act and federal
arbitration law. You and YMWI agree that
You and YMWI will not seek and that an arbitrator may not award or order (1) relief
in excess of or contrary to what these Terms and Conditions of Use and
Copyright Notice provide or (2) any relief contrary to applicable law or
the provisions herein.. Each party will
bear the costs of arbitration equally but each is responsible for its own
attorney fees in arbitration or legal proceedings, except that for any claims
against YMWI, which must be treated cumulatively, which are less than
$5,000.00, You are only required to assume the first $200.00 of the costs of
arbitration (but You are responsible for your own attorney fees and other
costs).
Under
these Terms and Conditions of Use and Copyright Notice, You and YMWI
agree to be governed by the law of the
State of California, without reference to California conflict of laws rules and
without application of the Convention for the International Sale of Goods, and
where applicable or controlling, Federal law. You and YMWI agree that such California law must be
applied, including by the Arbitrator, to the merits of any dispute or claim.
For
any matter not subject to arbitration, You and YMWI agree to submit to the
personal and exclusive jurisdiction of the U.S. District Court in Orange County, California,
U.S.A.
You acknowledge that the provisions regarding
protections of YMWI’s intellectual property and the security and proper use of
this Web Site are material terms of this Agreement. Since actual damages that would result from a
breach of these provisions would be impractical or extremely difficult to fix,
You acknowledge that YMWI may seek injunctive relief to prevent any anticipate
or on-going breach of these provisions.
Such
remedy, however, is cumulative and non-exclusive and is in addition to any
other remedy that YMWI is entitled to pursue.
You further acknowledge that YMWI at its sole and exclusive option may
pursue such injunctive relief by way of the civil court system or by
arbitration. In the event YMWI chooses
to seek injunctive relief by way of the civil court system, YMWI shall be
entitled to recover from You any costs and attorney’s fees expended on behalf
of YMWI in the maintenance of such claims.
This provision and these remedies have been an
important consideration for YMWI in offering services through its Web
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 Web Site.
If any PROVISION, INCLUDING this Disputes provision,
OR A PORTION OF ANY PROVISION is determined by a court OR ARBITRATOR to be
inapplicable or invalid, You agree that the remainder shall still be given full force and effect SO
AS TO RETAIN THE MAXIMUM APPLICATION OF THE OBJECTIVE INTENT OF the PROVISION.
Your Express
Acknowledgement of Waiver
If
You are in California,
you waive California Civil Code Section 1542, which states: “A
general release does not extend to claims which the creditor does not know or
suspect to exist in his favor at the time of executing the release, which if
known by him must have materially
affected his settlement with the debtor.” If you are the resident of another
jurisdiction having a similar statute or law, you waive such statute or law by
using this Web Site.
Procedures Required for Notice Between You and YMWI
Any
notices or communications under these provisions or relating to your use of
this Web Site must be delivered as follows:
If
notice is by You to YMWI, (1) Customer Service inquiries and technical
inquiries about the routine operations of this Web Site may be directed to privacypolicy@yamaha.com or by calling 714
522-9011 (2) all legal notices, notice of disputes and demands for arbitration,
and any other notice which purports to change these provisions or to assert
legal entitlements must be sent in writing to Legal Manager, Yamaha Legal
Department, 6600 Orangethorpe Avenue, Buena Park, CA 90620 by registered mail
or certified mail, return receipt requested.
In no event shall You assume for (2) that notice by electronic mail
satisfies this requirement. For notice
to be sufficient under (1) and (2), You must identify your name, address,
telephone number and email address. All
sufficient notice shall be deemed to have been received on the date it is
delivered.
If
notice is by YMWI to You, YMWI may be sent at YMWI’s reasonable discretion by
electronic mail to the electronic address specified during your use of this Web
Site, by facsimile if You have provided a facsimile number during your use of
this Web Site, or by regular, certified or registered mail to the mailing or
street address provided by You during your access of this Web Site or by
nationally recognized delivery service which maintains receipt
confirmation. You will be deemed to have
received this notice either upon receipt or, for mailings, within seven days
after mailing, whichever earlier occurs.
You are responsible for notifying YMWI of any changes to your contact
information prior to any changes. YMWI may
use your previous contact information, if you failed to provide YMWI with
updated or current information.
Termination
Termination
by YMWI
YMWI
may, at its sole discretion and without prior notice, terminate or discontinue
any or all of the services offered by or through this Web Site. In addition, YMWI may terminate without
liability, including for the content you have provided or posted, your access
to this Web Site or use of services by or through this Web Site, if at any
time, in YMWI sole discretion and without limitation, including if (1) You
breach in any way these Terms and Conditions of Use and Copyright Notice
as posted at this site and as modified from time, (2) YMWI is unable to verify
or authenticate any information You have provided to YMWI, (3) if YMWI believes
that You have violated or acted inconsistently with the spirit of this
Agreement or to the detriment of YMWI’s reputation or obligations or (4) if You
dispute or attempt to modify any of these Terms and Conditions of Use and
Copyright Notice or their application by YMWI.
Upon
termination by YMWI, YMWI reserves the right to (1) collect all charges, fees,
commitments and obligations incurred or accrued by You; (2) delete any content,
listings, messages or other information connected with your prior use of this
Web Site, (3) prohibit your future access to this Web Site, including without
limitation by deactivating any passwords, (4) and refuse You future access to
this Web Site or affiliated Web Sites.
In no event shall YMWI be required to refund, redeem or pay amounts to
You upon termination of your access or to return any content to You.
Termination
by You
You
may terminate your access with this Web Site at any time. If You have a
continuing or subscription service, you may cancel your service by calling (714)
522-9011 or by providing notice in accord with the provisions herein. In order to cancel, You must provide us with
the exact name of the service to be cancelled, your username and password, your
email address, your billing information and other information such as may be
needed to accomplish your request. Your
sole remedy if You dispute any of these Terms and Conditions of Use is to
terminate your access to this Web Site and its services.
No Resale or Commercial Use
You
may not agree to resell, sublease or assign your rights or obligations under
these Terms and Conditions of Use and Copyright Notice. You also agree not to make any unauthorized
commercial use of this Web Site.
Billing and Charges
YMWI
reserves the right to charge the then-current prices and fees posted on this
Web Site and as modified from time to time without advance notice to You. If You submit an order or request for
services for which a payment or fee is required, You hereby authorize YMWI to
charge your credit card for all applicable fees, taxes, shipping/handling and
charges, including fees and charges applied by third parties or other service
providers necessary to complete your request for services.
If
the service You request is a continuing or subscription service, this service
will automatically renew at the end of the subscription period, unless You
terminate this service not less than thirty (30) days prior to the end of the
subscription period by providing notice under these provisions.
YWMI
reserves the right to modify fees and charges applicable at time of renewal of
subscriptions or services. Any periodic
subscription fees will be billed automatically to your designated credit card
at the start of each renewal period and you authorize such automatic billing
for renewals.
If
you find any modification of these fees or charges for subscription or renewed
services to be unacceptable, your sole remedy is to cancel your services. No
refunds will be made.
If
you registered for a service using a promotional code, after the initial
promotional period expires, your renewal will continue at the then-current
price.
You
acknowledge that it is your responsibility to notify YMWI of any changes to
your credit card, including its expiration, otherwise your access to services
may be disconnected or interrupted.
Charges
will be that posted at time of order submission. You agree to pay any taxes, including sales
or use taxes, shipping and handling fees as posted. All fees shall be paid in U.S. dollars.
Charges will be posted at time of order submission to any credit card you have
authorized. You agree to make payment
within thirty (30) days of billing by your credit card service. Acceptance of late or partial payments (even
if marked “Paid in Full”) shall not waive any of YMWI’s rights to collect
amounts due. Delinquent payments may result
in the imposition of a late fee, at the
rate of one percent of the unpaid balance per month, or the maximum allowable
under applicable state law, whichever is higher. If payment becomes delinquent, YMWI may
suspend, disable or terminate services or access to You at this Web Site and
related sites.
You
acknowledge and agree that you will notify YMWI 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 YMWI within sixty (60) days, You waive any right to dispute such
problems or discrepancies.
Security and Passwords
Depending
on the type of service You access and use, You may receive a password and
account designation upon completing initial access or registration at this Web
Site and linked sites. You are
responsible for maintaining the confidentiality of the password and account,
and are fully responsible for all activities that occur under your password and
account. You agree to (1) immediately
notify YMWI of any unauthorized or potential unauthorized use of your password
or account or any other breach of security, (2) to ensure that you exit from
your account at the end of each access session and (3) not to attempt to obtain
or use the password, data or content of other users. You may not disclose or share your password
with any third parties or use your password for any unauthorized purpose. YMWI cannot and will not be liable for any
loss of damage arising from your failure to comply with this paragraph.
The
security mechanisms incorporated into YMWI’s software, however carefully
designed, have inherent limitations and You must determine that this software
adequately meets your requirements.
Given the nature of the internet, YMWI can not and does not warrant that
files available for downloading will be free of infection, viruses, worms,
Trojan horses or other code that manifest contaminating or destructive
properties. You agree that You are
solely responsible for implementing sufficient procedures to provide protection
for Your computer system from such events.
Proprietary Rights to Your Content
YMWI
does not claim ownership of the content that You provide to this Web Site. However, by using or accessing our Web Site
You grant YMWI a world-wide, royalty-free, irrevocable and non-exclusive
license to (1) host, use, reproduce, modify, distribute, transmit, combine with
information provided by third parties and publicly display Your content on and
through YMWI’s Web Site services and in YMWI’s promotional or advertising
materials (only for the limited purpose of promotion the Web Site services),
and (2) sublicense to third parties Your content to the extent necessary for
the provision of services and for the creation and maintenance of, in part or in
whole, our Web Site, that of our affiliates or service providers, or any
location where your posting, upload or content is maintained. No compensation will be paid or due to You
with respect to YMWI’s or its sublicensee’s use of the materials as licensed above.
By
posting messages or participating in chat rooms or bulletin boards, uploading
files, inputting data, submitting any feedback or suggestions, or engaging in
any other form of communication with or through any YMWI web site, You warrant
and represent that You own or otherwise control the rights necessary to do so
and to grant YMWI the license set forth above and pursuant to the provisions
herein, You will defend and indemnify YMWI and other Indemnified Parties from
any third party claim related to a breach of any of the foregoing
representations and warranties.
Privacy Policy
The
YMWI Privacy Policy as posted on this Web Site and as modified from time
to time will apply and is incorporated by reference here.
However,
if you provide any chat room-type postings, product testimonial feedback or
unsolicited transmittals to this Web Site or any other YMWI or linked webs site
locations, in particular where third party of other users are present or may
have access, You acknowledge that You have no expectation of privacy or
confidential treatment of information that You have provided. Do not
post such information in these locations WHICH ARE OR ARE LIKELY TO BE ACCESSIBLE TO OTHER PUBLIC, if You wish this
information to be maintained in a non-public manner.
Severability
Each
of the terms and limitations provided by these terms are important to YMWI in
providing its Web Site and services through the internet and the pricing of
those services. In the event any
provision contained herein is held by a tribunal of competent jurisdiction to
be contrary to the law, the remaining provisions herein will remain in full
force and effect, to the maximum extent possible.
Integration
The
Terms and Conditions of Use and Copyright Policy contained herein and as
modified from time to time, and inclusive of terms and provisions incorporated
by reference, constitute the entire agreement between You and YMWI. These terms replace in their entirety and
supercede, whether verbal or written, any and all previous proposals,
negotiations, writings, and other
communications between You and YMWI.
These provisions may not be waived, modified or limited by any
statements, implied or direct, by any third party, employee or representative
of YMWI.
YMWI expressly disclaims any authority by any other person or entity to
waive, modify, or limit these provisions.
YMWI disclaims any liability for the actions of such individuals, by
their representations, promises and/or statements which in any way modify,
conflict with or are in contravention of these provisions.
Consent to Electronic Form of Contract
By your access
and use of this Web Site and services by or through it, You acknowledge
and consent to the electronic form of these Terms and Conditions of Use,
including the provision of notice in electronic form. You agree
that these provisions, in printed or electronic form, shall be admissible in
judicial or arbitration proceedings, to the same extent and subject to the same
conditions as other documents and records generated and maintained in written
form. Your consent to electronic form
extends to all written notices sent by YMWI.
You acknowledge that You have the necessary hardware and software to
access these provisions as posted on YMWI’s web sites and will maintain such hardware
and software throughout your use of this Web Site and its services. You may remove your consent to the electronic
form of contracting with YMWI, but in that event, You must provide notice
pursuant to these provisions and your authorization to use and access this Web
Site is immediately terminated.
Waiver
The
waiver of any breach or default of obligations under these provisions will not
constitute a waive of any subsequent breach or default and will not act to
amend or negate the rights of the waiving party.
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 YMWI.
Independent Review Acknowledgement
YOU
ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS OF USE AND
COPYRIGHT NOTICE AND ALL RELATED TERMS REFERENCED HEREIN. YOU AGREE TO ALL TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED ALL ASPECTS
OF THESE PROVISIONS AND THE DESIRABILITY OF USING THIS WEB SITE AND ITS
SERVICES. YOU ARE NOT RELYING ON ANY
REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN THOSE EXPRESSLY SET FORTH IN
THESE PROVISIONS.
Information for California Residents
You are entitled to contact the Complaint Assistance Unit of the Division
of Consumer Services of the California Department of Consumer Affairs by
writing to 400 R Street,
Sacramento, CA
95814 or by telephone
at 916 445-1254.
Report of Violations
You
agree as a condition of use and access to this Web Site to immediately notify YMWI
using the methods outlined in these Terms and Conditions of Use and Copyright
Notice if you become aware of any unauthorized, improper or unlawful use or
threatened use of this Web Site.
Authorized
Use Policy – Additional Specific Prohibited Uses
You
agree and warrant that You will not use (or plan, encourage or help others to
use) this Web Site for any purpose of in any manner that is prohibited by these
terms and conditions. It is your
responsibility to ensure that your use of this Web Site complies with these
terms and conditions. You specifically
agree not to do any of the following:
a. Post any incomplete, false, or inaccurate
information about yourself, your organization or any content you provide.
b.
Upload, post, transmit, retransmit, distribute or store any material or content
is abusive, adult content, obscene, indecent, profane, pornographic,
threatening or harassing, libelous, defamatory, invasive of another’s privacy,
tortuous, racially, ethnically or
otherwise objectionable, including material that restricts a civil liberty
c.
Undertake an action, directly or indirectly, which restricts or inhibits any
person or entity, whether a User of this Web Site or otherwise, in its use or
enjoyment of the services or products of this Web Site
d.
Utilize this Web Site or its services to harm minors in any way
e.
Violate any rights of any person or entity, including rights protected by
copyright, trade secret, patent, or other intellectual property or similar laws
or regulations, including but not limited to, the installation or distribution
of “pirated” or other software products that are not appropriately licensed for
use
f.
Violate export control laws
g.
Upload, post, transmit, retransmit, distribute or store any false data,
including but not limited to data on enrollment, on-line applications,
contracts and including fraudulent use of credit card numbers, social security
numbers or other personally identifiable data
h. Impersonate any person or entity or falsely
state or otherwise misrepresent an identity or affiliation
i. Falsify headers or any other data directly or
indirectly, in order to disguise or misrepresent the origin or identity of any
content or transmission
j.
Upload, post, transmit, retransmit, distribute or store any material or
content, that You do not have a right to transmit under any law or under any
contractual or fiduciary relationship (such as inside information or
proprietary and confidential information)
k.
Upload, post, transmit, retransmit, distribute or store any material or
content, that infringes any patent, trademark, trade secret, copyright or other
proprietary rights of any party
l.
Upload, post, transmit, retransmit, distribute or store any material or content
that contains any unsolicited, unregistered or unauthorized advertising, chain
letters, illegal contests, junk mail, promotional materials, pyramid schemes,
business opportunities, club memberships, spam or any other form of
solicitation
m.
Upload, post, transmit, retransmit, distribute or store any material or content
that contains software viruses or any other computer code, files or programs
designed to interrupt, destroy, modify or limit the functionality of another
entity’s computer software, hardware or telecommunications equipment or support
services
n. Disrupt the normal flow of dialogue, cause a
screen to scroll faster to disrupt other users, or otherwise act in a manner
that negatively affects other User’s ability to use the services of this Web
Site
o. Interfere with or disrupt the operations of
this Web Site, including the support provided by any of this Web Site’s service
providers or linked sites, or fail to follow any of the requirements,
procedures, policies or regulations of networks connected to this Web Site
p. Attempt to use or use multiple log-ins,
methods for circumventing time charges accounting or log-in protections;
attempt to consume excessive resources, including CPU time, memory, storage
space resources; or to fail to safeguard or to share passwords or accounts with
others in any way which disrupts or negatively affects the services of this Web
Site
q. Intentionally or unintentionally violate any
law, including but not limited to, regulations promulgated by the United States
Securities and Exchange Commission, the Federal Trade Commission, any rules of
any other securities exchange or regulatory body, and any regulations having
the force of law
r. Post content, transmit e-mail or link to
other sites for the marketing, sales, or distribution of: ammunition, counterfeit, pirated or stolen
goods, explosives, firearms, food that is not packaged or does not comply with
all applicable laws for sale to consumers by commercial merchants, fraudulent
goods, liquor, pharmaceuticals or controlled substances, tobacco products,
gaming products or services, any goods or services that infringe or otherwise
violate a third party’s rights, registered or unregistered securities, or any
goods or services that can not be legally sold, are misrepresented, or if
displayed or sold on a web site, would cause this Web Site to violate any law,
statute or regulation
s. Harvest, store or otherwise collect
information about third parties, or other users of this Web Site, including
e-mail addresses, without their express and verified consent.
t. Use this Web Site or its Services for any
illegal activities, including but not limited to, disobeying trade
restrictions, vandalizing, altering or destroying online data or files,
tampering with information data bases and software, trafficking in illegal
products or substances, attempting unauthorized entry or access to this Web
Site or to other networks or computers, or violating civil rights laws
u. Attempting to breach the security of this Web
Site or other services used in conjunction with this Web Site, including but
not limited to, attempting to circumvent user authentication or security of any
host, network, or account (hacking, cracking, port scans or flood pings);
unauthorized monitoring of data or traffic; installing, without authorization,
continuously running programs; reselling CGI scripts; conducting denial of service
attacks; attempting to disrupt service by distributing or introducing viruses,
worms or other harmful software; attempting to create unauthorized full time
connections
v. Misusing email or posting capabilities,
including but not limited to sending unsolicited bulk mailing of commercial
advertising and informational announcements; sending solicited email that
otherwise violates these policies; sending email that falsifies an address or
other information for the purpose of concealing the sender’s or recipient’s
identity; harassing recipients through language, frequency, or size of
messages; sending email chain letters or pyramid schemes; relaying email
without the express permission of a web site, service, system or network;
sending email with false or misleading statements, claims or representations;
forging header information including but not limited to attempting to
circumvent the approval process for posting to a moderated group; and canceling
or superseding posts, data or content other than the User’s own.
w. Using or attempting to use any engine,
software tool, agent, or other device or mechanism (including without
limitation browsers, spiders, robots, avatars or other intelligent agents) to
navigate or search this Site, other than the search engine and search agents
available from YMWI on this Web Site and other than generally available third
party Web browsers (e.g., Netscape Navigator, Microsoft Explorer, etc) or
attempting to link directly to locations embedded within this Web Site (“deep
linking”)
x.
Attempting to decipher, decompile, disassemble or reverse engineer any of the
software comprising or in any way making up a part of this Web Site or other
service providers or links to this Web Site
y. Create a border environment, frame or replicate
the content of this Web Site through another web site
z. Imply or represent, directly or indirectly,
by linking or otherwise, that YMWI or this Web Site is affiliated with,
endorses, or has any relationship with any other entity or web site, without
the prior written permission of YMWI.
