Audioversity Online Terms and Conditions of Use

You can use the Service, by accessing the designated website for the Service.

This Audioversity Online Terms and Conditions 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 concerning your access to and use of the Service.

Please carefully read this Agreement before using the Service.

You must agree to the terms of this Agreement to use the Service.

Yamaha grants you the non-exclusive and non-transferable right to use the Services designated in this Agreement for the duration of the Agreement within the scope of and only as intended in the Service Description. Materials on the Service are provided to you AS IS and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.

Yamaha reserves all rights not expressly granted in and to the Service, Marks and the Materials. You are not entitled to make the Services available to third parties for use and may not sublet the Services.

You agree not to circumvent, disable or otherwise interfere with security related features of the Service, digital services or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Service or the Materials therein.

While using the Service, you may send your feedback, ideas, and comments (“Feedback”) to Yamaha.

Any Feedback you provide, including any invention, device, or creation that may be contained within such Feedback, is automatically transferred to Yamaha. This transfer allows Yamaha to use your Feedback in any manner, including, but not limited to incorporating it into existing or new Yamaha products or services.

Yamaha reserves the right but does not undertake the obligation to: (a) monitor the Service for violations of this Agreement; (b) take appropriate legal action against anyone who violates applicable laws or this Agreement, including, without limitation, reporting you to local, national, or international law enforcement authorities; and (c) to otherwise manage the Service in a manner designed to protect the rights and property of Yamaha and others.

Without limiting any other provision of this agreement, Yamaha reserves the right to terminate the accounts of infringers without notice. Yamaha is entitled to immediately block your use of the Service, and any related services offered by Yamaha, if there is reasonable suspicion of illegal activity and/or infringement of third-party rights. A reasonable suspicion for an illegality and/or a violation of rights exists in particular if courts, authorities and/or other third parties inform Yamaha thereof. Yamaha will lift the suspension if and as soon as the suspicion is invalidated.

Yamaha offers the Service free of charge, and no payments are required to sign up or use the Service. 

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

YAMAHA MAKES NO WARRANTY THAT (A) THE SERVICE PROVIDED BY OR THROUGH THIS WEBSITE OR LINKED WEBSITES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE PROVIDED BY OR THROUGH THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (E) ANY ERRORS IN THE SOFTWARE RELATING TO THE SERVICE WILL BE CORRECTED, OR (F) THAT THE SERVICE PROVIDED BY OR THROUGH IT WILL BE FREE FROM VIRUSES, HARMFUL SOFTWARE OR OTHER DEFECTS.

YOU USE THIS SERVICE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, INCLUDING, WITHOUT LIMITATION, PERSONAL DIGITAL ASSISTANTS, SMART PHONES, NOTEBOOKS, NOTEPADS, OR ANY SIMILAR DEVICES, OR LOSS OF DATA OR DATA CORRUPTION THAT RESULTS FROM THE USE OF THIS SERVICE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YAMAHA OR THROUGH OR FROM THE SERVICE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.

YAMAHA SHALL NOT GUARANTEE THAT AN IDEA OBTAINED FROM YOUR FEEDBACK IS NECESSARILY MATERIALIZED, THEREBY PROVIDING THE MATERIALIZED SERVICE.

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.

IN NO EVENT SHALL YAMAHA 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 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 SERVICE AND/OR ANY CONTENT ON THE WEBSITE.

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, IN NO EVENT WILL YAMAHA'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER BE IN EXCESS OF ¥10,000.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, YAMAHA'S LIABILITY IN THOSE JURISDICTIONS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

YOU AGREE TO THESE REMEDIES AND WAIVE ANY RIGHTS CONTRARY TO THESE REMEDIES, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IF YOU ACCESS OR USETHE SERVICE.

8.3 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 Yamaha's behalf ("Indemnified Parties") from and against any and all claims, actions, losses, demands and liability costs and expenses (including without limitation reasonable legal and accounting fees), arising from: (a) your use of this website or the Service; (b) your breach of this Agreement; (c) any breach of your representations and warranties set forth herein.

Yamaha, at your expense and Yamaha's discretion, may provide notice to you of Yamaha's election to assist you in defending any such claim, suit or proceeding, but doing so will not excuse you from your indemnity obligations.

You agree to pay reasonable attorney and expert witness fees and costs incurred by Yamaha or its agents or service providers in enforcing this provision.

8.4 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 Yamaha's behalf 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 Service 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.

You shall maintain in confidence, shall not disclose or divulge to any third party and shall not use for any purpose other than the performance of this Agreement, any and all of Yamaha’s information disclosed to or acquired by you in connection with this Agreement as confidential information.

However, the confidential information shall not include:

(i) information in the public domain at the time of disclosure thereto;

(ii) information which was already known by you without any obligation of confidentiality at the time of disclosure thereof;

(iii) information which entered the public domain through no fault of you;

(iv) information disclosed to you by a third party entitled to make such disclosure; or

(v) information independently developed by you.

Your confidentiality obligations under this Agreement shall continue for a period of three (3) years after the termination or expiration of this Agreement.

Should individual parts of these Terms of Use be invalid, this shall not affect the remaining provisions. Any disputes arising from the use of the Platform shall be governed by the laws listed below according to your country or region of residence. The exclusive jurisdiction for any disputes arising from these Terms of Use shall be the court in the city listed below according to your country or region of residence.

You can check the choice of law and forum for the Yamaha subsidiary for your country or region here.

This Agreement shall remain in full force and effect unless terminated either by (1) either party by providing two weeks prior written notice to the other party (e.g., email notice is sufficient) or (2) you by cancelling your Yamaha Music ID for Business account provided that you acknowledge that accounts for any services associated with your Yamaha Music ID for Business account (e.g., ProVisionaire Cloud, etc.) will also be closed once your Yamaha Music ID for Business account cancellation has been performed. Maintaining a valid Yamaha Music ID for Business account is mandatory for accessing the Services. This Agreement will terminate automatically with immediate effect if your Yamaha Music ID for Business account is terminated for any reason. The parties’ right to terminate the Agreement for cause without notice remains unaffected.

In no event shall Yamaha be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, act of God, acts or orders of governmental authorities, fire, flood, typhoon, tidal wave, or earthquake, war (declared or not), rebellion, riots, strikes, work stoppages, accidents, terrorism, civil or military disturbances, pandemic, nuclear or natural catastrophes, interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services.

Yamaha will notify all users of any modifications to this Agreement by posting the changes on this website. Any changes to this Agreement will require your acceptance before you can continue using the Service. When logging into the Service, you must agree to the updated Agreement to continue using the Service.

When you visit this website or send e-mails to us, you are communicating with us electronically.

You consent to receive communications from us electronically.

Yamaha will communicate with you by e-mail or by posting notices on this website.

All agreements, notices, disclosures and other communications that Yamaha provides to you electronically will satisfy any legal requirement that such communications be in writing.

This Agreement constitutes the entire agreement between you and Yamaha regarding the use of the Service.

This Agreement supersedes any and all previous proposals, negotiations, writings and other communication between you and Yamaha.

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.

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 and obligations under this Agreement. In this respect, you agree that such assignment will release Yamaha from its rights and obligations under the Agreement for the future.

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.

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 this Agreement.