This website, together with the sub-sites that are accessible through it, (collectively, this "Site," which also includes all content, functionality, and services offered on or through the Site) is published and maintained by Yamaha Music Innovations, LLC ("Yamaha," "we," "us,"or "our"). When you access, browse or use this Site, you are creating a legally binding agreement between you and Yamaha, and you acknowledge that you have read, understood, and agreed to accept and comply with, without limitation or qualification, these Terms of Use, together with any Additional Terms (as defined below). References to "you" and "your"refer to you as a visitor to and user of the Site.
Changes to the Site and these Terms of Use
We may make changes to this Site, including to any information or Materials (as defined below) presented on the Site, at any time and for any reason. In addition, we may make changes to all or any portion of these Terms of Use or any Additional Terms at any time, in our sole discretion. All modifications will be effective when posted to this Site. It is your responsibility to check the Site updates. Your use of this Site signifies your acceptance of all these Terms of Use posted at the time of your use. If you do not agree to these Terms of Use, you must not access or use this Site.
Additional Terms
In addition to these Terms, your use of the Site is also subject to the terms of all other policies and legal notices posted on or made accessible though this Site, including through the sub-sites that are accessible through this Site ("Additional Terms"). These Additional Terms include our Privacy Policy. It is your responsibility to read all Additional Terms carefully.
Electronic Communications
You consent to receive communications from Yamaha electronically. Yamaha will communicate with you by e-mail transmission or by posting to this Site. You agree that all communications that Yamaha provides to you electronically satisfy any legal requirement that such communications be in writing.
Use of Site
This Site is provided for your personal and non-commercial use only. All content included in this Site, including but not limited to any text, graphics, images, logos, button icons, data compilations, software, audio and video (collectively, "Materials"), is the property of Yamaha or its content suppliers, and you may not distribute, exchange, modify, reproduce, perform, sell or transmit the Materials for any business, commercial or public purposes. The Materials, including the Yamaha Trademarks (defined below) are protected by applicable laws, including United States and international copyright, trademark, and other intellectual property and similar laws, and any unauthorized use of any Materials may violate those laws. If you download or print a copy of the Materials for personal use, you must retain all copyright and other proprietary notices contained therein. You may not frame or utilize framing techniques to enclose any portion of this Site or any Materials without express written consent of Yamaha. You are granted a revocable and nonexclusive right to create a hyperlink to this Site so long as the link does not portray Yamaha, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Yamaha Trademarks (defined below) or other Materials as part of the link without express written consent of Yamaha. You may not otherwise reproduce, display, publicly perform, or distribute the Materials in any way for any public or commercial purpose. Without limiting our other legal and equitable remedies, if you breach any of these Terms of Use, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed Materials.
The Materials on the Site are provided for your information only. Although Yamaha makes reasonable efforts to ensure that the Materials are accurate, Yamaha does not warrant that it is complete, accurate, reliable, up-to-day, or error-free. Yamaha has no obligation to correct or update the Materials on the Site, and shall not be liable for omissions, typographical errors, or out-of-date information that may appear on the Site.
Trademarks
Yamaha owns or otherwise has all proprietary rights in and to the Site and all Materials. This Site include our trademarks, service marks, logos, slogans, brands, and brand names, trade dress and trade names, model and product names and other distinctive identification (collectively "Yamaha Trademarks"). All Yamaha Trademarks, including YAMAHA, the Tuning Fork logo, and Yamaha model and product names are all Yamaha Trademarks and are the property of Yamaha and/or our affiliates. You may not use any Yamaha Trademarks without our (or their) express written authorization. Nothing on this Site shall be construed as conferring any license under any of Yamaha Trademark or other intellectual property rights, whether by estoppel, implication, or otherwise.
User Requirements
This Site intended only for persons 18 and older. By using this Site in any way, you represent, warrant, and agree that (a) you are at least 18 years old and a resident of the United States; (b) you are using your actual identity; (c) you have provided only true, accurate, and current information to us; and (d) you consent to our collection and use of the information you provide to us in accordance with our Privacy Policy.
Links to Other Websites
These Terms and any Additional Terms apply solely to the Site. Links to other websites are provided for your convenience only and the presence of such links does not mean that Yamaha endorses, recommends or represents them in any way. Yamaha does not control and is not responsible for any such sites or their content. Yamaha disclaims all warranties, expressed or implied, as to the accuracy, legality, reliability or validity of any content of such sites.
Disclaimer of Warranties
THE SITE AND ALL MATERIALS AND OTHER INFORMATION, CONTENT AND SERVICES PROVIDED ON OR VIA THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF COMPLIANCE WITH APPLICABLE LAWS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS INCLUDING INTELLECTUAL PROPERTY RIGHTS. NEITHER YAMAHA, OUR PARENT, AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, MEMBERS, OR TRUSTEES NOR ANY OF OUR AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, CONTRACTORS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY "YAMAHA PARTIES") PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT (A) THE SITE OR MATERIALS, OR ANY RESULTS THAT MAY BE OBTAINED BY YOU, ARE COMPLETE, ACCURATE, RELIABLE OR NON-INFRINGING; (B) ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (C) THE QUALITY OF ANY SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; (D) CONTENT WILL REMAIN UNCHANGED OR ACCESSIBLE ON THE SITE; OR (E) THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM YAMAHA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SITE OR ANY MATERIALS IS TO CEASE USING THE SITE AND MATERIALS.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL ANY YAMAHA PARTY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE OF, OR ERRORS OR OMISSIONS IN THE CONTENTS OR FUNCTIONS OF THIS SITE, EVEN IF YAMAHA OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.
IN THE EVENT YOU ARE DISSATISFIED WITH, OR DISPUTE, THESE TERMS OF USE, ANY ADDITIONAL TERMS, OR THE SITE OR ANY PORTION THEREOF, YOUR SOLE RIGHT AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR USE OF THE SITE, EVEN IF THAT RIGHT OR REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE. YOU CONFIRM THAT YAMAHA HAS NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU OR ANY OTHER PARTY. THAT SAID, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE, OR ANY MATERIALS OR OTHER INFORMATION, CONTENT, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SITE, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE GREATER OF (I) THE AMOUNT PAID BY YOU TO US TO ACCESS OR USE THE SITE OR OBTAIN THE APPLICABLE PRODUCTS AND SERVICES, OR (II) $100.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of Site must be filed by you within one (1) year after such claim or cause of action arose or be forever barred
Indemnity
You agree to defend, indemnify and hold harmless the Yamaha Parties from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to this Site; (ii) your violation of any of these Terms of Use or any Additional Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive your use of this Site. Yamaha shall notify you of any such claim, suit, or proceeding, and may assist you, at your expense, in defending any such claim, suit or proceeding.
Export Control
If you choose to access this Site from outside of the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. The United States controls the export of some products and information. You agree to comply with all applicable restrictions concerning the export or re-export of any data to countries or persons prohibited under the export control laws. By accessing and/or downloading any part of this Site outside of the United States, you agree that you are not in a country where the downloading of such data is prohibited, and that you are not otherwise subject to such prohibition. You are responsible for complying with the laws of your local jurisdiction regarding the import, export or re-export of any material, including software or data.
Governing Law, Choice of Forum, Jury and Class Action Waiver
These Terms of Use will be governed by the internal substantive laws of State of California United States, without respect to its conflict of laws principles. Any disputes arising from, related to or in connection with this Site or any Materials between you and Yamaha shall be decided exclusively by a court of competent jurisdiction located in San Mateo County, California. The failure to exercise or enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision.
YOU AND WE HEREBY WAIVE TO THE FULLEST EXTENT PERMITTED BY LAW ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT OR RELATED PROCEEDING BROUGHT TO ENFORCE, DEFEND OR INTERPRET ANY RIGHTS OR REMEDIES ARISING UNDER OR IN CONNECTION WITH THESE TERMS OF USE. FURTHER, YOU AGREE THAT YOU MAY ONLY RESOLVE DISPUTES IN YOUR INDIVIDUAL CAPACITY, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR AS CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ACTIONS ARE NOT ALLOWED.