Terms and Conditions
YAMAHA MOTOR CORPORATION, U.S.A. LEGAL TERMS AND CONDITIONS
Thank you for visiting the Terms and Conditions page of Yamaha Motor Corporation U.S.A. ("Yamaha"). These Terms and Conditions describe our legal agreement governing your use of Yamaha's Websites at www.yamaha-motor.com and www.yamahabicycles.com the "Yamaha Websites" or "Websites"). The Websites are collectively referred to herein as the "Service."
In order to participate in certain services or promotions in connection with the Service, you may be notified by us that you are required to agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to such services or promotions in which you choose to participate, those additional terms are hereby incorporated into these Terms and Conditions.
1. YOUR ACCEPTANCE
By using and/or visiting the service, you signify your assent to both these terms and conditions and Yamaha's privacy policy, which is published at http://www.yamahabicycles.com/privacy-policy, and which is incorporated herein by reference. If you do not agree to any of these terms, you should not use the service. Should Yamaha make any substantial change to these terms and conditions, we will publish an amendment to these terms and conditions, or we may email you if you have not opted out of email notifications.
2. YAMAHA SERVICE AND LINKS TO THIRD PARTY SITES
These Terms and Conditions apply to the Yamaha Websites. The Websites may contain links to third party websites that are not owned or controlled by Yamaha. For instance, if you apply for Yamaha Factory Financing or establish a Yamaha Card Account, you may access the independent websites of HSBC Bank Nevada, N.A. or another third party. Yamaha has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Yamaha will not and cannot censor or edit the content of any third party site. By using the Service, you expressly relieve Yamaha from any and all liability arising from your use of any third party websites. Accordingly, we encourage you to be aware when you leave the Yamaha Websites, and to read the terms and conditions and privacy policy of each third party website that you visit.
3. SERVICE ACCESS
The Websites are not intended for, and we have no intention of collecting personally identifiable information from, persons under the age of 13. Yamaha hereby grants you permission to view, display, and download a single copy of the material on the Websites, provided that: (i) your use of the Service as permitted herein is solely for your personal, noncommercial use; (ii) you will not copy, republish or rebroadcast any part of the Service in any medium, other than as expressly permitted herein, without Yamaha's prior written authorization; (iii) you will not alter or modify any part of the Service other than as may be reasonably necessary to use the Service for its intended purpose; and (iv) you will otherwise comply with these Terms and Conditions. This permission shall terminate automatically without notice if you breach these Terms and Conditions.
Upon termination, you must immediately destroy any downloaded and printed copies of the Service and any portions thereof.
4. COPYRIGHT
The original content of the Service, including without limitation the text, software, graphics, photos, and images ("Content"), is owned by or licensed to Yamaha, subject to copyright and other intellectual property rights under United States Copyright Act, foreign laws, and international conventions. Yamaha reserves all rights not expressly granted in and to the Service and the Content. Other than as expressly permitted, you may not engage in the unauthorized use, copying, or distribution of any of the Content. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You may not otherwise reproduce, display, publicly perform, or distribute the Content in any way for any public or commercial purpose.
5. TRADEMARKS
Certain names, logos and/or slogans contained in the Service, including all Yamaha logos and the marks "Yamaha" and "Yamaha Motor Corporation, U.S.A.", are the trademarks and service marks of Yamaha and/or its parent corporation. Such marks may not be used without the express written authorization from their respective owners. Nothing on the Service shall be construed as conferring any license under any of Yamaha's or its parent's trademark or other intellectual property rights, whether by estoppel, implication, or otherwise.
6. USER SUBMISSIONS
The Service may now or in the future permit the publication of communications or data posted by you and other users ("User Submissions"). Any User Submission that you post to the Service shall automatically be deemed non-confidential. By posting a User Submission, you expressly grant Yamaha a royalty-free, perpetual, irrevocable, nonexclusive, transferable, worldwide license to use, copy, reproduce, modify, publish, edit, translate, distribute, perform, display, and make derivative works of such User Submission, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, and further including the unfettered right to sublicense such rights.
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you agree that you will not: (i) post material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material; (ii) publish falsehoods or misrepresentations that could damage Yamaha or any third party; (iii) post material that is obscene, defamatory, threatening, harassing, abusive, hateful or embarrassing to another user or any other person or entity; (iv) post advertisements or solicitations of business; (v) post chain letters or pyramid schemes; or (vi) impersonate another person. You represent and warrant that: (i) you own the User Submissions posted by you on the Service or otherwise have the right to grant the license set forth in this Paragraph 6; (ii) your User Submissions do not violate the privacy rights, publicity rights, intellectual property rights, or any other rights of any person; and (iii) the posting of your User Submissions on the Service does not result in a breach of any contract between you and a third party.
Yamaha does not endorse any User Submission or any opinion, recommendation or advice expressed therein, and Yamaha expressly disclaims any and all liability in connection with User Submissions. Yamaha does not screen communications in advance, and shall not be responsible for screening or monitoring User Submissions. If notified that a User Submission allegedly does not conform to these Terms and Conditions, Yamaha may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of the User Submission. We assume no responsibility and no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the user submitting any such content. We reserve the right, in our sole discretion, to reject, refuse to post or remove any User Submission posted by you, or to restrict, suspend, or terminate your access to all or any part of the Service at any time, for any or no reason, with or without prior notice, and without liability. We expressly reserve the right to remove or revoke your registration and/or restrict, suspend, or terminate your access to the Service if we determine, in our sole discretion, that you pose a threat to the Service and/or its users.
7. WARRANTY DISCLAIMER
You agree that your use of the service shall be at your sole risk. Yamaha provides the service and content solely on an "as is" basis without any warranty of any kind. To the fullest extent permitted by law, Yamaha, its parent corporation, officers, directors, employees, and agents, disclaim all warranties, express or implied, including without limitation the warranties of merchantability, non-infringement, and fitness for particular purpose, in connection with the service and your use thereof. Yamaha makes no warranties whatsoever about the accuracy, reliability, completeness, or timeliness of any content, services, software, text, graphics, photographs, links, or other material contained in the service. Yamaha does not warrant that the service will operate error-free or that its servers are free of computer viruses or other harmful content. Yamaha does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the service or any hyperlinked websites, or featured in any banner or other advertising, and Yamaha will not be a party to or in any way monitor any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
8. LIMITATION OF LIABILITY
In no event shall Yamaha, its parent corporation, officers, directors, employees, or agents, be liable for any direct, indirect, incidental, special, punitive or consequential damages whatsoever (including without limitation lost profits or damages resulting from lost data or business interruption) resulting from your use or inability to use the service, whether based on warranty, contract, tort or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You specifically acknowledge that Yamaha shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party, and that the risk of harm or damage from the foregoing rests entirely with you.
You further acknowledge that the use of motorized vehicles can be dangerous and may lead to serious injury or death, and that any information you receive through the service concerning the operation of motorized vehicles is for general reference and is not in any way a substitution for professional training. Your use of any such information is entirely at your own risk, as even proper operation and use of a motorized vehicle may not prevent serious injury or death.
9. INDEMNITY
You agree to defend, indemnify and hold harmless Yamaha, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from: (i) your use of and access to the Service; (ii) your violation of these Terms and Conditions or any representation or warranty contained herein; (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 these Terms and Conditions and your use of the Service. 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.
10. EXPORT CONTROL
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 the Service 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.
11. TERMINATION OF ACCESS.
In addition to any right or remedy that may be available to us under these Terms and Conditions or applicable law, we may suspend, limit or terminate your access to the Service, at any time with or without notice and with or without cause. In addition, we may refer any information on illegal activities, including your identity, to the proper authorities.
12. DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICE
We are committed to complying with copyright and related laws, and we require all Users of the Service to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Service in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by copyright law. Owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the "DMCA") to report alleged infringements. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner's legal agent.
If you feel that a posted message is objectionable or infringing, we encourage you to contact us immediately. Upon our receipt of a proper notice of claimed infringement under the DCMA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the User Submission at issue. Our designated agent (i.e., the proper party) to whom you should address such notice is listed below.
If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our designated agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the Websites; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
BY MAIL
Yamaha Motor Corporation, U.S.A.
Attn: Online Privacy Manager
6555 Katella Avenue
Cypress, California 90630-5101
BY E-MAIL
privacy@yamaha-motor.com
Subject line: DMCA
13. GENERAL
You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive service that does not give rise to personal jurisdiction over Yamaha, either specific or general, in jurisdictions other than California. These Terms and Conditions shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Yamaha that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Orange County, California. These Terms and Conditions, together with the Privacy Policy at http://www.yamahabicycles.com/privacy-policy and any other legal notices published by Yamaha on the Websites, shall constitute the entire agreement between you and Yamaha concerning the Service. If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and Yamaha's failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. Yamaha reserves the right to amend these Terms and Conditions at any time and without notice, and it is your responsibility to review the Terms and Conditions for any changes. Your use of the Service following any amendment of these Terms and Conditions will signify your assent to and acceptance of its revised terms.