CHILDREN AND THE INTERNET While this Site is not directed at children, Yamaha is pleased that children of all ages may be interested in Yamaha’s services and products. However, Yamaha joins the industry in recognizing that children may not be able to make informed choices about use of the Internet or about personal information requested online. Yamaha’s website does not knowingly or intend to collect any Personal Information from children. If you are under 18 years old, you may use Yamaha’s web site only with the involvement and supervision of a parent or guardian.Further, Yamaha does not sell products or services for purchase by children. Yamaha sells children’s products and services for purchase by adults. For this reason, this Site’s e-commerce capabilities are available only to those 18 years of age and older.
INFORMATION COLLECTED BY YAMAHA Personal Information about visitors to this Site (for instance, information such as your name, e-mail address, mailing address, credit card or telephone number) is collected only when submitted by you as a visitor. Such information may be collected in connection with your visit to this Site if you request information, products or services; register for individual accounts, or subscriptions; submit contact, request and suggestion information; make a purchase; or register for any sweepstakes, contests, games, or surveys. Where permitted by law or where consent has been provided, we may obtain information about you from our affiliates and business partners, based on information that has already been shared with or made available to them.Information that you provide in public forums, such as user groups or chat rooms, and information that you submit to us as recommendations, requests for information and feedback are not considered or treated as personal or confidential information
HOW PERSONAL INFORMATION IS USED We use the information you provide to deliver quality products and services to you. For example, if you have ordered an item or requested a newsletter or updates about our services or products, we will use the information you provide to respond to that request or to provide other information about Yamaha and its services.Providing your Personal Information, either in person, in writing, by telephone or online constitutes your consent to the collection, use and disclosure of such Personal Information by Yamaha for the purposes of providing you with products or service, analyzing aggregated business trends and compiling statistics for internal and external reporting. In addition, we may send you information or updates on products and services that we think may be of interest to you. If you do not wish to receive such marketing information, please contact us at the address below to opt-out or use any of the unsubscribe links provided in all our email marketing. We only collect information by lawful means and do not collect any information in a manner that is unreasonably intrusive.
NON-PERSONAL INFORMATION When visitors come to this Site, Yamaha collects non-personal information or "aggregate" information concerning how its visitors use this Site, including the pages viewed and links used. Collecting such information involves the logging of IP addresses, the visitor’s operating system, types of browser software and internet service providers used by each visitor to this or linked sites. Although such information generally is not personally identifiable, it can be used to determine the IP address of the visitor’s Internet Service Provider and the geographic location of her/his point of connectivity to the Internet. This information allows us to analyze and improve the effectiveness of our services and those of our affiliates and service providers.
THE SECURITY OF YOUR INFORMATION Yamaha uses current technologies to safeguard the confidentiality of your Personal Information. We follow industry-standard methodologies, including the utilization of SSL (Secure Socket Layers) where appropriate, to protect against the loss, misuse and alteration of the data provided. However, data transmission or storage on the Internet cannot be guaranteed to be 100% secure and Yamaha does not make such a guarantee. You should take all precautions to safeguard your passwords and any account information that you may have or provide and to employ current virus-scanning or firewall software and other security safeguards. You should also log out of your account and close your browser window when you are done
.YOUR CHOICES REGARDING PERSONAL INFORMATION If you would like to correct or modify Personal Information you have previously provided, such as your email address, phone number or other contact information, please contact us at email@example.com, or the address above. If you would like to request that your Personal Information not be shared with third parties, please notify us firstname.lastname@example.org, or the address above.If you would like to delete or remove from our system the Personal Information which you have previously provided, please contact us at email@example.com. We will delete your Personal Information from our database if we reasonably can.However, there may be residual information that will remain within our databases and logs that may or may not contain Personal Information or that is very difficult to locate and remove. There may be information that has been transmitted already to third parties which is beyond our control. Your request for deletion of this information may prevent or reduce our ability to service your earlier request to this Site or to access this web site in the future. We will follow the policy outlined here, but we are not responsible for any failure or shortcoming in deleting or controlling the disclosure of information you have made available through use of this Site or for the timing of our actions after your request.For each of your requests, you should receive an email response from Yamaha, confirming receipt of the request. If you do not receive such a response, you must assume that your request has not been received by our servers or processed. Your request should be repeated until receipt confirmation is received or, as an alternative, your request should be sent by regular mail to the address indicated above.When you request modification to your data, you must provide us with all relevant existing data (name, address, email address, etc), along with the specific modifications, necessary to identify you and make the changes you request.© 2008 Yamaha Music and Wellness Institute, Inc. All Rights Reserved.
Terms and Conditions Effective: January 2008
YAMAHA MUSIC AND WELLNESS INSTITUTE, INC.
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.
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.
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 firstname.lastname@example.org.
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.
The names of 3rd party companies, products and services mentioned on this Web Site may be the trademarks of their respective owners.
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.
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 mailto:email@example.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 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.
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.
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.
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.
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.
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 NOTICEAND 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.