Terms of Use
Effective: July 23, 2018
Terms and Conditions of Use
Thank you for visiting YamahaSynth.ideascale.com (the "Site"). Please review these Terms of Use carefully before using the Site. This Terms of Use Agreement ("Agreement") constitutes a legally binding agreement made between you, whether personally or on behalf of an entity ("you" or "user"), and Yamaha Corporation of America ("Yamaha") concerning your access to and use of the Site. By accessing or using the Site you accept and agree to comply with this Agreement. If you do not agree to the terms of this Agreement, please do not use the Site.
The Site is not intended for minors or children under 18 years of age. Yamaha does not knowingly collect personal information from children under 18. If you are under the age of 18, you may not use the Site or cause your personal information to be submitted to the Site.
Ownership
- Proprietary Rights of Yamaha. You acknowledge and agree that this Site and its contents ("Contents") and the registered and unregistered trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Yamaha, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Site and its Contents are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever. Yamaha reserves all rights not expressly granted in and to the Site, Contents and Marks. You agree to not engage in the use, copying, or distribution of any of the Contents other than expressly permitted by Yamaha. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of the Contents or enforce limitations on use of the Site or the Contents therein.
- Ownership of User Submissions. This Site allows for you to submit product- or service-related feedback, ideas and comments to Yamaha (each a "User Submission"). You agree that, as between you and Yamaha, Yamaha shall have sole and exclusive ownership of any User Submission submitted by you on or through the Site, and that any such User Submission shall strictly comply with this Agreement, including but not limited to the terms of Section 3 below.
- Rules Governing User Submissions. You are entirely responsible for the content of, and any harm resulting from any User Submission that you post on or through the Site. When you create or make available any User Submission, you represent and warrant that:
- to the best of your knowledge, the User Submission submitted by you on or through the Site represents your own original work, you have all necessary rights to provide any such User Submission to Yamaha, and any review and/or use of any such User Submissions by Yamaha and/or its affiliates will not infringe the right of any third party;
- you understand that providing any User Submission on or through the Site does not establish a confidential relationship or obligate Yamaha and/or its affiliates to treat any such User Submission (or any related materials) as secret or confidential;
- you understand that neither Yamaha nor its affiliates has any obligation, either express or implied, to develop or use your User Submission(s) and that no compensation is due to you or anyone else for any inadvertent or intentional use of the User Submissions, related ideas, or ideas derived from your User Submission(s).
- you will not post any User Submission that violates the privacy rights, publicity rights, copyrights, digital rights management technologies, copyright management information, patent rights, trademark rights, trade secrets, contract rights or any other rights of Yamaha or any other person;
- you will not post any User Submission that: (i) is defamatory, damaging, disruptive, unlawful, inaccurate, obscene, lewd, lascivious, filthy, threatening, excessively violent, harassing, advocates the violent overthrow of the government of the United States, incites, encourages or threatens immediate physical harm against another, including but not limited to communications that promote racism, bigotry, sexism, religious intolerance or harm against any group or individual, or (ii) contains material that solicits personal information from anyone under 18 or exploits people under the age of 18 in a sexual or violent manner;
- you will not post any User Submission that contains advertisements or solicits any person to buy or sell any products or services (other than products and services offered by Yamaha and/or its affiliates) unless authorized by Yamaha;
- you will not use the Site for any commercial purpose, including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications, or engaging in unauthorized framing of, or linking to, the Site without the express written consent of Yamaha;
- you will not impersonate any other person or entity, sell or let others use your profile or password, provide false or misleading identification or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity;
- you represent that you are a resident of a country that does not restrict or prohibit your use of websites or apps such as this Site, and that you will comply with all local rules and laws of your country, province, state, territory or geopolitical region regarding online conduct and acceptable use of websites and this Site.
- Device information. You agree that when you are connected to the Site, we may collect device-specific information such as your hardware model, operating system, unique device identifiers, and mobile network information including phone number. We may associate your unique device identifier or phone number with information that you may have used to register to use the Site, and/or any User Submissions that you provide on or through the Site. We may also use your device's IP address or MAC address to track device-event information such as crashes, system activity, hardware settings, browser type, browser language, the date and time of your request and referral URL.
- Website Management. Yamaha reserves the right but does not undertake the obligation to: (a) monitor the Site for violations of this Agreement; (b) take appropriate legal action against anyone who, in the sole discretion of Yamaha, violates this Agreement, including, without limitation, reporting you to local, national, or international law enforcement authorities; and (c) to otherwise manage the Site in a manner designed to protect the rights and property of Yamaha and others and to facilitate the proper functioning of the Site.
- Right to Terminate Users by Yamaha. WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, YAMAHA RESERVES THE RIGHT TO, IN THE SOLE DISCRETION OF YAMAHA; TERMINATE THE ACCOUNTS OF REPEAT INFRINGERS.
- DISCLAIMER OF WARRANTIES. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE, CONTENT AND ANY RELATED SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YAMAHA MAKES NO WARRANTY THAT (A) THE SITE, CONTENT OR ANY RELATED SERVICES PROVIDED BY OR THROUGH THIS SITE OR ITS SERVICE PROVIDERS OR LINKED WEBSITES WILL MEET YOUR REQUIREMENTS, (B) THE SITE, CONTENT OR ANY RELATED SERVICES PROVIDED BY OR THROUGH THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, CONTENT OR ANY RELATED SERVICES WILL BE ACCURATE OR RELIABLE, (D) ANY ERRORS IN THE SOFTWARE RELATING TO THIS SITE WILL BE CORRECTED, OR (F) THAT THE SITE, CONTENT OR ANY RELATED SERVICES PROVIDED BY OR THROUGH IT WILL BE FREE FROM VIRUSES, HARMFUL SOFTWARE OR OTHER DEFECTS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YAMAHA OR THROUGH OR FROM THIS SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
SOME COUNTRIES, PROVINCES, TERRITORIES, STATES OR GEOPOLITICAL REGIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMERS OR PORTIONS OF THEM MAY NOT APPLY TO YOU. YOUR LEGAL RIGHTS MAY VARY FROM JURISDICTION TO JURISDICTION.
- LIMITATION OF LIABILITY. IN NO EVENT SHALL YAMAHA, ITS AFFILIATES OR ITS SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, FORESEEN OR UNFORESEEN, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF TIME OR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF YAMAHA, ITS AFFILIATES OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND HOWEVER ARISING, INCLUDING NEGLIGENCE), RESULTING FROM OR IN CONNECTION WITH YOUR USE OF THE SITE, CONTENT AND/OR ANY RELATED SERVICES ON THE SITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, IN NO EVENT WILL YAMAHA LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER BE IN EXCESS OF $100.00.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, YAMAHA AND ITS AFFILIATES' LIABILITY IN THOSE JURISDICTIONS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
THIS PROVISION AND THESE REMEDIES HAVE BEEN AN IMPORTANT CONSIDERATION FOR YAMAHA IN OFFERING THE 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 SITE.
- Indemnification. You agree to defend, indemnify and hold harmless Yamaha, its officers, directors, employees, affiliates, licensees, partners, subsidiaries and agents, third parties and service providers acting on behalf of Yamaha ("Indemnified Parties") from and against any and all claims, actions, losses, demands and liability costs and expenses (including without limitation reasonable legal and accounting fees), arising from: (a) your use of this Site; (b) your breach of this Agreement; (c) any User Submissions you post on or through the Site; and (d) any breach of your representations and warranties set forth herein. Yamaha, at your expense and at the discretion of Yamaha, may provide notice to you of our election to assist you in defending any such claim, suit or proceeding, but doing so will not excuse you from your indemnity obligations. You agree to pay reasonable attorney and expert witness fees and costs incurred by Yamaha or its agents or service providers in enforcing this provision.
- Release. You remise, release, acquit, satisfy, and forever discharge Yamaha, its officers, directors, employees, affiliates, licensees, partners, subsidiaries and agents, third parties and service providers acting on behalf of Yamaha and each of them from any and all causes of action, claims for relief, lawsuits, charges, complaints, debts, liens, contracts, agreements, promises, liabilities, demands, damages, losses, rights, benefits, obligations, attorneys' fees, costs or expenses of any kind or nature whatsoever, in law, equity or otherwise which you ever had, have or may have related in any way to your use of the Site and from all manner of actions, causes of action, claims, suits, debts, covenants, contracts, controversies, agreements, promises, claims, and demands you may or may not have or ever had, from the beginning of time.
- Choice of Law and Forum. You and Yamaha agree to submit to the exclusive jurisdiction of the appropriate state or federal court where subject matter jurisdiction and venue is proper for Orange County, California, United States of America. You and Yamaha agree that any disputes shall be resolved under the substantive law of the state of California (exclusive of its choice of law provisions).
- Term and Termination. This Agreement shall remain in full force and effect while you use the Site. You may terminate your use or participation at any time, for any reason, by ceasing use of the Site. Yamaha may terminate your use or participation at any time, without warning.
- Modifications. Yamaha may at any time revise this Agreement, as well as the Site. Yamaha will alert all users with whom it maintains email information of such modifications. Any and all changes to this Agreement will also be reflected on the Site. IF YOU ARE A REGISTERED USER, AND, IF APPLICABLE, YOU MUST CLICK TO ACCEPT THE NEW AGREEMENT THE NEXT TIME YOU LOG ON TO THE SITE. IF YOU ARE NOT A REGISTERED USER, YOU AGREE TO BE BOUND TO ANY CHANGES TO THIS AGREEMENT WHEN YOU USE THE SITE AFTER YOU ARE NOTIFIED OF ANY SUCH MODIFICATION. YOU SHOULD KEEP YOUR CONTACT INFORMATION CURRENT TO ENSURE YOU ARE NOTIFIED OF ANY CHANGES.
- Site Content Disclaimer. On occasion, information on this Site may contain errors, including, without limitation, typographical errors, inaccuracies, or omissions related to product availability, special offers, product promotions, pricing information, product descriptions, or product shipping charges and transit times. Yamaha reserves the right to, at any time without prior notice, correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate (including after you have submitted your order).
- Notices. When you visit this Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- Entire Agreement. This Agreement constitutes the entire agreement between you and Yamaha regarding the use of the Site. This Agreement supersedes any and all previous proposals, negotiations, writings and other communication between you and Yamaha.
- Waiver. The failure of Yamaha to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
- Assignment. This Agreement will be binding upon and inure to the benefit of each party and their respective assigns. You may not assign your rights under this Agreement to any third party; Yamaha may assign its rights under this Agreement without condition.
- Severability. This Agreement operates to the fullest extent permissible by law. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
- Survival. The provisions herein dealing directly or indirectly with intellectual property, disclaimers of warranties, limitation of liability, compliance with laws and regulations, security, dispute resolution and use restrictions and prohibitions continue to apply and shall survive the termination or expiration of any relationship between you and Yamaha.
