Unless otherwise referenced herein, any reference to Yamaha Motor Europe shall include all of its affiliates.
The Sites are available only for your personal use, which shall be limited to viewing the Sites, providing information to the Sites, downloading product information for your personal review and for certain of the Sites purchase of products.
By entering this Site you acknowledge and agree that your license to enter and use this Site will be construed and evaluated according to the laws of The Netherlands. You agree that any disputes in connection with the use of this Site shall be resolved in court of competent jurisdiction in the Netherlands. If you use this Site from another country you are responsible for compliance with any and all applicable local laws. In addition, this Legal Statement shall neither exclude nor limit any of your mandatory rights provided to you by the applicable law in accordance with the application of the international conflict of law provisions. Yamaha Motor Europe makes no representation that the materials contained within this Site are appropriate for countries outside The Netherlands.
1 Yamaha Motor Europe publishes information on its Sites as a convenience to its visitors. Except for those Sites where products may be purchased, Yamaha Motor Europe product information is provided for informational purposes only. Information of and references to individual persons, whether employee or otherwise employed by or related to Yamaha Motor Europe, are meant for informational purposes only. By no means can/shall individuals and/or their statements on the Sites be linked to specific product or services responsibilities and/or liabilities of Yamaha Motor Europe, neither on personal nor on corporate level. Published statements and profiles are personal and cannot be referred to for any warranty or liability purposes, at law and otherwise.
While Yamaha Motor Europe attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. Yamaha Motor Europe reserves the right to make corrections and changes to the Sites at any time without notice. The Yamaha Motor Europe products described in its Sites may not be available in your region. Yamaha Motor Europe shall endeavour that the information in the Sites is appropriate to your region. Although Yamaha Motor Europe has made every effort to display the products and their colors as accurately as possible, the displayed products and colors of the products will also depend upon the equipment of the user and Yamaha Motor Europe cannot guarantee that the user's equipment will display an accurate representation of the actual products and their colors. It is possible that some software that may be downloaded from the Sites is subject to government export control or other restrictions. By visiting and using our Sites, you acknowledge these restrictions and agree that you are subject to them.
2 Visitors assume all responsibility and risk with respect to their use of the Sites. All information contained on the Site is provided to you "as is" and Yamaha Motor Europe disclaims all warranties, representations and endorsements, express or implied, with regard to information accessed from or via the Sites, including but not limited to all express and implied warranties, such as warranty of title, merchantability, non-infringement and fitness for a particular purpose, insofar as is allowed under the applicable jurisdiction. Yamaha Motor Europe does not warrant that the Sites are free of computer viruses, bugs or other harmful components. Yamaha Motor Europe does not warrant that the functions contained in the material will be uninterrupted or error-free or that errors will be detected or corrected. Yamaha Motor Europe does not assume any liability or responsibility for the accuracy, completeness, reliability or usefulness of the information disclosed or accessed through the Sites. Yamaha Motor Europe does not have any duty to update its Sites or modify their content or code, and Yamaha Motor Europe shall not be liable for its failure to update such information. It is your responsibility to verify any information contained in the Sites before relying upon it.
3 In no event shall Yamaha Motor Europe be liable for any damages of whatever kind resulting from whatever cause, including but not limited to loss of use, loss of profits, loss of data, or any other type of damage, tangible or intangible in nature, whether in an action under contract, tort or otherwise, arising out of or in any way relating to the use or performance of the information on, or accessed through, Yamaha Motor Europe's Sites. The limitations of liability referred to in this Legal Statement will not apply insofar the loss or damage results from willful misconduct or gross negligence on the part of Yamaha Motor Europe.
4 Yamaha Motor Europe reserves the right to withdraw access to the Sites or to revise the services and products described in the Sites at any time without notice. All offers and other statements by Yamaha Motor Europe are non-binding, unless Yamaha Motor Europe expressly indicates otherwise in writing.
You may withdraw from a transaction related to products or services which you purchased online from this Site, within 7 working days from the date of the receipt of the product or from the date of the transaction of the service in question, in accordance with the applicable statutory rules with respect to distance contracts.
Yamaha Motor Europe may at any time revise the terms and conditions contained in this Legal Statement by updating this posting. You are bound by any revisions and should periodically visit this page to review the current terms and conditions, which apply to your use of the Sites. Continued use of this Site after any such changes shall constitute your consent to such changes. The invalidity of any term, condition or provision of this Legal Statement shall not affect the enforceability of those portions of the Legal Statement deemed enforceable by applicable courts of law.
5 Yamaha Motor Europe owns or has rights to all of the Sites, including but not limited to all of the wallpaper, icons, characters, artwork, images, graphics, music, text, software and any other content of the Sites (the "Content"), and all HTML design, layouts, configurations, CGI and other code and scripts in any format used to implement the Sites (the "Code"). The Content and Code of the Sites are protected by intellectual property and related rights, including but not limited to copyrights, patent, database and trademark rights. You may not copy, modify, upload, download, transmit, re-publish, display for redistribution to third parties for commercial purposes, or otherwise distribute any Code or Content from the Sites without the prior written agreement of Yamaha Motor Europe, in so far as such restrictions are allowed under applicable mandatory law. You may only use the Content or Code from the Sites for personal use. All logos, names and trademarks, which appear on the Sites are the (intellectual) property of Yamaha Motor Europe or are used by Yamaha Motor Europe under license. You may not use any of the foregoing for any purpose without the prior express written permission of Yamaha Motor Europe. Your failure to comply with this Legal Statement will constitute breach of contract and will violate Yamaha Motor Europe copyright, trademark and other proprietary and industrial property rights.
Except as expressly provided above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or other proprietary or industrial right of Yamaha Motor Europe, its affiliates or any third party.
6 Although this Site may be linked to other Sites, Yamaha Motor Europe is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with the linked Site, unless specifically stated therein. By entering this Site you acknowledge and agree that Yamaha Motor Europe has not reviewed all Sites linked to this Site and is not responsible for the content of any off-Site pages or any other Site linked to this Site. Your linking to any other off-Site pages or other Sites is at your own risk.
7 If you respond to Yamaha Motor Europe via e-mail, surveys, forums, registration, or any other communication medium, with any information, including but not limited to feedback, data, questions, comments, suggestions, or the like, but excepting your personal data, such information shall not be deemed confidential. By sending us any information, you grant to Yamaha Motor Europe an irrevocable, worldwide, perpetual and transferable right to use these submissions without any limitations for any purposes, which Yamaha Motor Europe considers necessary. Yamaha Motor Europe will not be liable for any use or disclosure of such information. Yamaha Motor Europe will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation. Yamaha Motor Europe will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products, which incorporate or otherwise rely upon such information. Yamaha Motor Europe welcomes your comments and suggestions on its Sites and products, but Yamaha Motor Europe does not seek to solicit any confidential or proprietary ideas, suggestions, materials or other information relating to developing, designing, redesigning, modifying, manufacturing or marketing its products or any new products. By submitting information, you warrant that Yamaha Motor Europe may publish such information, use it as part of its operations, and incorporate its concepts in Yamaha Motor Europe products or for any other purposes, which Yamaha Motor Europe considers necessary, without liability.
8 You will not use the interactive sections of the Sites, for instance forums, clubs, surveys, e-mailing and the like, to post any material which is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or otherwise violate any law. Yamaha Motor Europe does not have editorial control over the submission of any content to interactive sections of the Sites. All information, including the publication of pictures and or articles, is submitted at your sole risk and responsibility. Yamaha Motor Europe is not responsible or liable for damages or other adverse consequences caused by the use of the submissions in any form or manner.
1 Personal Data
2 Interactive sections
3 Direct Marketing
· Forwarding of Yamaha Motor Europe products and services, including warranty services;
· Handling of your information requests;
· Forwarding of information regarding actual developments which may be of interest for you (such as newsletters, brochures and other mailings);
· Direct Marketing campaigns;
· Access control of password protected areas;
· Improvement and safeguarding of our Sites;
· Internal evaluation of Yamaha Motor Europe's products and services;
· Knowledge acquisition about our customers in order to serve them in the best possible way;
· Registration of customer statistics;
· The analysis of customer profiles, and
· Creation of a European database with customer data.
5 It is Yamaha Motor Europe's policy to keep your Personal Data only for so long as needed for such purposes.
6 Without prior consent your Personal Data will not be used for Direct Marketing purposes. You may, if you wish, opt in on this service when providing personal information.
7 Yamaha Motor Europe does not sell, rent or otherwise distribute your Personal Data to third parties, except as needed for Yamaha Motor Europe to provide the services for which your information was volunteered. Processing on behalf of Yamaha Motor Europe may be performed by any affiliates of Yamaha Motor Europe in the EU and any other third parties in the EU, with whom Yamaha Motor Europe concludes appropriate contracts to ensure compliance with the applicable Data Protection legislation.
8 Yamaha Motor Europe is applying commonly used technology to safeguard your Personal Data from wrongful use. Only authorized personnel have access to your data. Should Yamaha Motor Europe partners be carrying out part or all of Yamaha Motor Europe web survey purposes Yamaha Motor Europe has reached an agreement with them that they will handle your Personal Data with an equal level of strict confidentiality. The storage and sending of your data over the Internet is safeguarded by means of up-to-date, commonly used technology.
9 Persons who have not reached the age of 16 may only provide Personal Data with the consent of their legal representative (e.g. a parent).
10 You hold Yamaha Motor Europe and its affiliates harmless for any injuries, losses or damages of any kind inflicted on person or property resulting from acceptance of or participation in the Sites.
12 Should you participate in our surveys, we would be glad if you indicate to us, that we are allowed to contact you later for further research purposes, such as your opinion on new products, features etc. Should you reply positive to that option, which is included in most questionnaires, we may contact you by means of e-mail or phone later.
13 In case of any questions or complaints regarding the processing of your Personal Data, please contact in writing: Yamaha Motor Europe N.V. - CRM Powered Two Wheeler Division – P.O. Box 75033 – 1117 ZN Schiphol – The Netherlands. If you do not wish to be contacted by us anymore, we will immediately cease to use your Personal Data. When contacting us, please be sure to provide us with your exact e-mail address, name, address and/or telephone number(s) in order to be sure we handle your request correctly.
How to enter: The contest can be entered only through the Yamaha Motor Europe Web site, www.yamaha-motor-europe.com , or the web site of its affiliates, subsidiaries, parent company, on the form provided. There is no limit to the number of entries per person, but each entry must be on a separate form. This form must at least contain contestants' full name, e-mail address and country of residence. Only .JPG and Gif formatted picture files will be accepted. . Preferred image file size max.150kb. All entry materials will become the sole property of Yamaha. Contestant hereby irrevocably assigns and transfers to Yamaha any and all rights, title and interest in the entry materials, including without limitation, all copyright, which assignment Yamaha hereby accepts.
Eligibility: Open to world citizens. Employees of Yamaha, its affiliates, subsidiaries, parent company, advertising or promotional agencies, as well as the immediate families and members of the households are not eligible to participate.
Prizes: One winner will be chosen at the end of each month and featured on the Yamaha European web site, www.yamaha-motor-europe.com . At the end of the calendar year during which the last entry has been received, an overall winner will be chosen. The overall winner shall receive a prize that will be determined at a later date by Yamaha. No prize transfer or substitution is permitted, except by Yamaha Motor Europe, which reserves the right to substitute prizes. Prizes may not be redeemed for cash.
Entries: All submitted images pictures and stories must be new, original and unencumbered and must not infringe third-party rights. All pictures must include a Yamaha motorcycle. All entry material will become the property of Yamaha Motor Europe NV and its affiliates, which shall have the right to edit, adapt and publish any or all of the stories and may use these entries in any media without attribution or compensation. Submission of an entry constitutes the entrant's irrevocable assignment and transfer to Yamaha Motor Europe of any and all rights, title and interest in the entry, including without limitation, all copyrights. Yamaha stands for safe riding. Images Pictures will only be accepted where riders wear protective clothing, helmet etc. Images Pictures showing dangerous situations such as stunt-driving or, excessive speeding will not be accepted. PicturesImages and stories not respecting the environment, national and local laws will not be accepted. Images must include a Yamaha motorcycle
Assignment of rights and waiver: All entry materials will become the sole property of Yamaha and its affiliates. Submission of an entry constitutes the entrant's irrevocable assignment and transfer to Yamaha of any and all rights, title and interest in the entry materials, including without limitation, all copyrights. Contestant warrants that it is capable and entitled to do so and indemnifies and holds Yamaha harmless from any claims in this respect from third parties. Yamaha and its affiliates and/or subsidiaries shall be entitled to exercise said rights without attribution or compensation. Contestant warrants that the person or persons portrayed shall not object to or impose conditions on the submission or any subsequent use of the picture. Contestant hereby waives all moral rights in and to the entry materials.
Winner selection: Entries will be judged by a panel made up of Yamaha Motor Europe employees. The judging criteria will include; story interest and quality of the submitted picture. aAll decisions are final and non-negotiable. By accepting the prize, the contestant agrees to the use by Yamaha or its affiliates or subsidiaries of their name, biographical information, picture, portrait, comments, image, and/or likeness for the purpose of advertising, trade or promotion without further compensation or consideration, in any and all media now known or hereafter developed throughout the world, to the extent as permitted by applicable law.
Privacy: Contestant freely and unambiguously agrees that Yamaha shall process the personal data of contestant as provided by contestant to Yamaha in the context of this contest. Yamaha shall process this personal data in a proper and careful manner and for the purpose of enabling Yamaha to contact the winning contestant in accordance with the applicable national privacy laws, including the Dutch Personal Data Act.
Disclaimer: Contestants holds Yamaha and its affiliates and subsidiaries harmless for any injuries, losses or damages of any kind inflicted on person or property resulting from acceptance or use of the prize or participation in this contest, including but not limited to use of the Yamaha web site or downloading therefrom, late, lost or misdirected entries or emails, or for technical, hardware or software malfunctions, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbles or delayed electronic communications whether caused by the sender or by any of the equipment or programming associated with or utilized in this promotion or by any human error that may occur in the processing of entries. Participation constitutes contestant's understanding of, and full and unconditional agreement to and acceptance of the terms contained herein. Yamaha reserves the right to disqualify any contestant that Yamaha determines to be in violation of any term contained herein. Yamaha's decision not to enforce a specific provision contained herein does not constitute a waiver of that provision or the set of terms contained herein.
Disputes: The contest is governed by Dutch law. As a condition of participating in this contest, contestants agree that any and all disputes which cannot be resolved between parties, and causes of action arising out of or connected with this contest, shall be resolved individually and by the competent court of Amsterdam, The Netherlands.
Yamaha does not have editorial control over the submissions by participants to the contest, nor does it make any warranties in this respect. All information, including the publication of the pictures and / or the stories, is submitted by participants to this forum at the sole risk and responsibility of the participants. Yamaha does not warrant in any way that this information is correct and / or complete, or that the person submitting this information is entitled to do so. Yamaha is not responsible or liable for damages or other adverse consequences caused by the use of the submissions in any form or manner.