Terms of Use for “My Account”

 

1. Scope


These Terms of Use shall govern the use of “My Account” (hereinafter “Platform”) by the user (“You”).
This Platform is operated by Yamaha Music Europe GmbH Siemensstrasse 22-34, 25462 Rellingen, Germany (hereinafter "Yamaha").
When creating an account on this Platform, Yamaha will provide to you these Terms of Use and will ask you to agree to these Terms of Use before your account is created. You agree to comply with all applicable laws and regulations.
Yamaha operates the Platform to provide you as user with information about Yamaha products and campaigns and to allow for the registration of Yamaha products for the purpose of warranty extensions. The offer includes personal information management, registration and administration of products for the purpose of warranty extensions, registration for Yamaha campaigns as well as registering for receiving and managing newsletters.
The Platform is a free offer by Yamaha.
This Platform is intended for use by persons aged 16 or older and is not aimed at children and minors. Children and minors under the age of 16 may use this site only under the supervision and with the consent of a parent or guardian.

 

2. Amendments to the offer


Yamaha reserves the right to alter the features and scope of the Platform offer at any time or to discontinue it.
Yamaha furthermore reserves the right to restrict, deny, or cancel access to the Platform as a whole or in part at any time without prior notice and without giving reasons in its sole discretion with immediate effect, taking your reasonable interests into account.

 

3. Registration


The use of this Platform requires your prior registration. Registration is free of charge.
Before using the Platform, you must first register on https://europe.yamaha.com and create a user account. The following data must be provided for the purpose of registration:

• Form of address
• First and last name
• Email address
• Password
• Country of origin
• Language
• Gender
You are furthermore free to voluntarily provide additional data to personalize the offer.

You are required to observe any third-party privacy rights; in particular, users may not provide any third-party personal data.
When registering, you must select a unique password and enter a unique, valid, current and verifiable email address. Since dual use of certain data is not permitted, you will be prompted to select or enter a different email address when entering an existing email address. To confirm your registration, you will receive an email with a link. Your account will be created only once the registration process has been completed (double opt in).
You shall bear sole responsibility for maintaining the confidentiality of your password.
You may at any time request that your registration be deleted. In this case we will delete your registered information and personal data.

 

4. Registration of Yamaha products - warranty extension


You may register any Yamaha products that are subject to Yamaha's extended warranty program on the Platform.
When registering, you must specify model, serial number, date of purchase, whether the product was bought online or in store and the type of usage. Since double registration of products is not permitted, when entering an already registered product, you will be prompted to provide a different serial number. Following product registration, you will be able to download either a warranty certificate.
If you delete your user account, your product registration will be deleted as well. Since for technical reasons it is not possible to re-register a product, you should first save the warranty certificate.

 

5. Registration of Yamaha products - Flowkey promotion


You may register any Yamaha products that are subject to the Flowkey campaign on the Platform.
When registering, you must specify model, serial number, date of purchase, whether the product was bought online or in store and the type of usage. Since double registration of products is not permitted, when entering an already registered product, you will be prompted to provide a different serial number. Following product registration, you will be able to download the Flowkey code.
If you delete your user account, your product registration will be deleted as well. Since for technical reasons it is not possible to re-register a product, you should first save the Flowkey code.

 

6. Yamaha Content


All materials on the Platform, including but not limited to audio, images, software, text and video clips (the "Content"), are protected by the applicable copyright laws. You cannot use the Content, except as specified herein. You agree to follow all instructions on the Platform limiting the way you may use the Content. You may not copy, distribute, exhibit, perform, make publicly available, broadcast, reproduce by means of audio or audiovisual recording or reproduce broadcastings of Content from the Platform, for any business, commercial or public purpose, unless explicitly permitted by Yamaha. If you download any Content from this Site, you may not remove any copyright or trademark notices or other notices that go with it.

You may download one (1) copy only of the Content to be used only by you for your personal use at home. Certain Content on the Platform may be marked with additional copyright notes that grant to you extended use rights or limited your right to use such Content. Such additional copyright notes prevail.

There are a number of proprietary logos, service marks and trademarks (the “Trademarks”) found on the Platform and in the Content. By making the Trademarks available on the Platform, Yamaha is not granting you any license to utilize those Trademarks. Any unauthorized use of the Trademarks may violate applicable trademark laws, and civil and criminal statutes.

 

7. License to User Content


If you send or upload any communications or materials to the Platform by electronic mail or otherwise, including any comments, data, questions, suggestions or the like (“User Content”), you grant Yamaha the non-exclusive, sub-licensable, perpetual, irrevocable, worldwide license to your User Content, including the right to copy, distribute, exhibit, perform, make publicly available, broadcast, reproduce by means of audio or audiovisual recording or reproduce broadcastings of User Content and any other type of exploitation that is not yet known, as well as the right to edit, modify, translate or combine User Content with other works, for purposes of operating the Platform, advertising and promotional use in any on- and offline media, including social-media, creating of databases, compilations and documentations concerning User Content and any related commercial or non-commercial purposes. You waive your right to be named as author of the User Content. When sending or uploading User Content you warrant to Yamaha that you are entitled to grant Yamaha rights in the User Content to the extent set out in this clause.

 

8. Responsibility for User's Material


You are prohibited from posting or transmitting any defamatory, libelous, pornographic, threatening or unlawful material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability of Yamaha, or otherwise violate any law. Yamaha may change, edit, or remove any such user material or conversations. Although Yamaha may from time to time monitor or review bulletin boards, chat rooms, discussions, postings, transmissions and the like on the Platform, Yamaha is under no obligation to do so and assumes no liability or responsibility arising from the contents of any such communications or for any defamation, error, inaccuracy, libel, obscenity or profanity contained in any such communication. Yamaha will fully cooperate with any law enforcement authorities or court order legitimately requesting or directing Yamaha to disclose the identity of anyone posting such materials.

 

9. Liability


Notwithstanding any other statutory requirements, the following exclusions and limitations of liability pursuant to this section 9 shall apply for Yamaha's liability for damages.
Yamaha shall be liable without limitation if damage was caused by intent or gross negligence.
Yamaha shall furthermore be liable for the slightly negligent breach of essential obligations which endangers the contractual purpose or for breach of duties, where performance is essential for the proper conduct of the competition and where contractual partners regularly rely on compliance. However, in such case, Yamaha shall be liable for foreseeable, typical damage only.
The above limitations shall not apply in case of injury to life, body, or health, any defect after assumption of quality guarantees for the quality of a product or fraudulently concealed defects. Liability under the Product Liability Act shall remain unaffected.
To the extent that Yamaha's liability is excluded or limited, this shall also apply to the personal liability of employees, representatives, and agents of Yamaha.
No warranties shall be assumed or representations made by way of the contents or downloads provided or by the present Agreement. Likewise, no warranty claims shall arise from the above.

 

10. Amendments


Yamaha may amend these Terms of Use from time to time, taking your reasonable interest into account. Yamaha will notify you of any such changes to the Terms of Use by providing to you a revised version highlighting any changes per email. The amended terms of the Terms of Use will become effective (i) with your acceptance (ii) or six weeks after you have received such a notification provided that you do not object to the changes and Yamaha has informed you about the consequences of you not objecting to the changes at the beginning of the six week period. In order to object to the changes, you may email Yamaha. Once effective, the revised terms of the Terms of Use will supersede any previous versions. If you object to the amended terms, Yamaha reserves the right to end your account.

 

11. Data protection


Yamaha's Privacy Policy shall apply, available at https://europe.yamaha.com/en/privacy_policy/.

 

12. Termination


You can terminate your Account at any time by chosing the ‘Cancel membership’ function in MyAccount or by sending an email to Dataprotection@contact.europe.yamaha.com. Please make sure to save all relevant content before terminating your account, including your warranty certificate.
Yamaha may terminate your account giving two weeks prior written notice to your registered email address taking into account your reasonable interests. This termination does not affect the extended warranty and any use rights granted to Yamaha Content. Yamaha’s right to terminate the account for good cause remains unaffected.

 

13. Miscellaneous


Should individual parts of these Terms of Use be invalid, this shall not affect the remaining provisions.
The present Terms of Use and any disputes arising from the use of the Platform shall be governed by German law. Mandatory provisions of the laws of the jurisdiction of your habitual residence shall remain unaffected.
If you are a merchant, a legal entity under public law or a special fund under public law or assets or if its general place of jurisdiction is not in the Federal Republic of Germany, the exclusive - including international - venue for any disputes arising from the business relationship between us and the customer shall be Hamburg. Mandatory statutory provisions regarding exclusive venue shall remain unaffected.

Version from 17.03.2021