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Effective February 1st, 2009
Welcome to our website! This Internet site (the "Site") is operated and maintained by Yamaha Music India Pvt. Ltd ("YMIN"). This Privacy Policy describes YMIN's policies and procedures for the collection of personally identifiable information (“Personal Information”) and other information by this Site and our use and dissemination of such information.
Your personal privacy is important to YMIN. If you do not feel comfortable with YMIN's Privacy Policy as outlined below, you should not use this Site since our services and the effective operation of this Site assume the availability of information provided by you.
This site is currently available for use by visitors located within the India only.
From time to time, YMIN may revise this Privacy Policy and will post these changes to this Site. You must review this Privacy Policy at this Site periodically for an up-to-date understanding of YMIN policies and practices. To communicate with YMIN about this Privacy Policy, please contact:
Privacy Policy Administrator
Yamaha Music India Pvt. Ltd.
5F, Ambience Corporate Mall,
Ambience Mall Complex, Ambience Island,
Gurgaon - 122 001, Haryana, India
Ph: +91 124 466 5551
Fax: +91 124 466 5552 |
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While this Site is not directed at children, YMIN is pleased that children of all ages may be interested in Yamaha's services and products. However, YMIN joins the industry in recognizing that children may not be able to make informed choices about use of the Internet or about personal information requested online. YMIN' website does not knowingly or intend to collect any Personal Information from children. If you are under 18 years old (for residents of the India), you may use YMIN' web site only with the involvement and supervision of a parent or guardian.
Further, YMIN does not sell products or services for purchase by children. YMIN sells children's products and services for purchase by adults.
Currently YMIN is not having any e-commerce capability. However, as and when the company would start e-commerce facilities/ capabilities it may only be used by those 18 years of age or older (for residents of the India).
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Personal Information about visitors to this Site (for instance, information such as your name, e-mail address, mailing address, credit card or telephone number) is collected only when submitted by you as a visitor. Such information may be collected in connection with your visit to this Site if you request information, products or services; register for individual accounts, or subscriptions; submit contact, request and suggestion information; make a purchase; or register for any sweepstakes, contests, games, or surveys. Where permitted by law or where consent has been provided, we may obtain information about you from our affiliates and business partners, based on information that has already been shared with or made available to them. Information that you provide in public forums, such as user groups or chat rooms are not considered or treated as personal or confidential information.
How Is Personal Information Used?
We use the information you provide to deliver quality products and services to you. For example, if you have ordered an item or requested a newsletter or updates about our services or products, we will use the information you provide to respond to that request or to provide other information about YMIN and its services.
Providing your Personal Information, either in person, in writing, by telephone, or on-line, constitutes your consent to the collection, use and disclosure of such Personal Information by YMIN for the purpose of providing you with products or service, analyzing aggregated business trends and compiling statistics for internal and external reporting. In addition, we may send you information or updates on products and services that we think may be of interest to you. If you do not wish to receive such marketing information, please contact us at the address below to opt-out or use any of the unsubscribe links provided in all our e-mail marketing. We only collect information by lawful means and do not collect any information in a manner that is unreasonably intrusive. |
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YMIN does not sell or rent Personal Information to third parties.
YMIN will only share contact details for marketing or aggregate statistics with other Yamaha companies or with other third parties where permitted by law or where consent has been obtained. However, you have the opportunity to instruct us not to share any Personal Information by following the procedures outlined below. (See:Your Choices regarding Personal Information).
We may also disclose Personal Information if we are permitted or required to do so by law, or if in our good faith judgment, this disclosure is reasonably necessary to comply with legal process, to detect or prevent illegal, harmful or fraudulent use of this Site or linked sites, to respond to any claims or to protect the rights of YMIN, its customers and the public. We may also share your information with our partner agencies and service providers who assist us in administering various site services and programs as long as they agree to keep personal information confidential and use it only to fulfill their services.
We may also disclose personal information to third parties in connection with a corporate re-organization, merger or amalgamation, or the sale of all or substantially all of our assets, provided that the personal information disclosed continues to be used for the purposes permitted by this Privacy Policy by the entity acquiring this information. |
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This YMIN web site may allow you to link directly to sites operated by our service providers or marketing partners. Some of these sites may be "co-branded" with a Yamaha logo; even so, they are not operated or maintained by YMIN. These sites may ask you for Personal Information. Please review the privacy policy on these sites before submitting information because YMIN does not have control over the use of information collected on these sites.
Because these web sites are operated by business partners or third parties, you should remember that YMIN is not responsible for the content or practices of such Web sites. These links are provided for your convenience only and should be used with your discretion and prudent judgment. Links from our Site to third party sites do not constitute sponsorship, endorsement, or approval by YMIN of the content, policies, practices of such third party sites. YMIN is not responsible for any information these sites may obtain and does not oversee their policies or practices in collecting Personal Information.
The Privacy Policies of these other sites may differ from those of YMIN. Therefore, once you have left this Site via such a link, you must review each site's privacy policies separately. You should make your own determination of the acceptability of each linked site.
This Site may also be linked to Web sites operated by companies affiliated with YMIN. You are advised to refer to the privacy policies and practices of these sites before providing any Personal Information. |
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When visitors come to this Site, YMIN collects non-Personal Information or "aggregate" information concerning how its visitors use this Site, including the pages viewed and links used. Collecting such information involves the logging of IP addresses, the visitor's operating system, types of browser software and internet service providers used by each visitor to this or linked sites. Although such information generally is not personally identifiable, it can be used to determine the IP address of the visitor's Internet Service Provider and the geographic location of her/his point of connectivity to the Internet. This information allows us to analyze and improve the effectiveness of our services and those of our affiliates and service providers. |
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This Site and its service providers use current industry methods, including "cookies" and tracking technology ("clear gifs", "web beacons", "log files", etc.), to enable YMIN to make visits to this Site and communications with our visitors more personalized and effective, and to analyze the services we provide through this Site. For example, "cookies" are tags sent to reside on the visitor's computer, to enhance a visitor's experience at our site, to allow repeat visitors to be served more quickly and efficiently, or to tell us where our visitors go and how our visitors use our Site and related sites. YMIN does not use cookies to obtain Personal Information about a user that was not previously provided.
Visitors may receive cookies from other third party sites that they visit, including service provider sites. YMIN cannot control the content or use of these cookies or tracking technologies by third party sites or service providers. Visitors should consult their browser's manual for instructions on how to refuse or disable cookies. Refusing or disabling cookies may affect our ability to complete requests you have made for products or services from this Site. YMIN may disclose non-Personal Information to affiliates or advertisers regarding content viewing, traffic levels or browser paths to their advertisements on this Site. |
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YMIN uses current technologies to safeguard the confidentiality of your Personal Information. We follow industry-standard methodologies, including the utilization of SSL (Secure Socket Layers) where appropriate, to protect against the loss, misuse and alteration of the data provided. However, data transmission or storage on the Internet cannot be guaranteed to be 100% secure and YMIN does not make such a guarantee. You should take all precautions to safeguard your passwords and any account information that you may have or provide and to employ current virus-scanning or firewall software and other security safeguards. You should also log out of your account and close your browser window when you are done. |
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If you would like to correct or modify Personal Information you have previously provided, such as your email address, phone number or other contact information, please contact us at info@yamahamusicindia.com, or the address above. If you would like to request that your Personal Information not be shared with third parties, please notify us at info@yamahamusicindia.com, or the address above.
If you would like to delete or remove from our system the Personal Information which you have previously provided, please contact us at info@yamahamusicindia.com. We will delete your Personal Information from our database if we reasonably can.
However, there may be residual information that will remain within our databases and logs that may or may not contain Personal Information or that is very difficult to locate and remove. There may be information that has been transmitted already to third parties which is beyond our control. Your request for deletion of this information may prevent or reduce our ability to service your earlier request to this Site or to access this web site in the future. We will follow the policy outlined here, but we are not responsible for any failure or shortcoming in deleting or controlling the disclosure of information you have made available through use of this Site or for the timing of our actions after your request.
For each of your requests, you should receive an email response from YMIN, confirming receipt of the request. If you do not receive such a response, you must assume that your request has not been received by our servers or processed. Your request should be repeated until receipt confirmation is received or, as an alternative, your request should be sent by regular mail to the address indicated above.
When you request modification to your data, you must provide us with all relevant existing data (name, address, email address, etc), along with the specific modifications, necessary to identify you and make the changes you request. |
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If other terms and conditions apply to our relationship, this Privacy Policy is incorporated into these terms by reference.
© 2009 Yamaha Music India Private Limited. All Rights Reserved |
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Effective: February 1, 2009
Yamaha Music India Private Limited
TERMS OF USE AND COPYRIGHT NOTICE
THANK YOU FOR VISITING OUR SITE. BEFORE USING THIS WEB SITE, YOU (“YOU” OR “USER”) SHOULD CAREFULLY READ THE TERMS BELOW, SINCE BY USING THIS WEB SITE, THESE TERMS WILL APPLY TO YOU.
THEY CONTAIN IMPORTANT INFORMATION REGARDING (1) OUR OBLIGATIONS AND LIMITS ON THOSE OBLIGATIONS, (2) YOUR RESPONSIBILITIES AS A USER OF THIS SITE, AND (3) THE PROCEDURES BY WHICH THESE OBLIGATIONS AND RESPONSIBILITIES WILL BE DETERMINED. THESE PROCEDURES INCLUDE THE USE OF ARBITRATION TO RESOLVE ANY DIFFERENCES THAT MAY ARISE.
IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD IMMEDIATELY HALT YOUR USE OF THIS SITE.
EACH TIME YOU ACCESS OUR WEB SITE OR USE ANY OF ITS SERVICES, YOU AGREE TO ACCEPT THESE TERMS AND CONDITIONS IN THEIR MOST CURRENT FORM. THESE TERMS AND CONDITIONS INCLUDE ANY ADDITIONAL TERMS AND CONDITIONS WHICH ARE REFERENCED HERE. THE TERMS FOR THIS WEB SITE MAY BE MODIFIED FROM TIME TO TIME, SO YOU SHOULD CHECK THIS SITE PERIODICALLY FOR CHANGES.
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Yamaha Music India Pvt. Ltd. (YMIN) maintains this Web Site to make available its information, products and services for you, the User. This Web Site is controlled by YMIN in Gurgaon, India. This Web Site is intended for use by persons located within the India only. As such, YMIN makes no representation that materials on this site are appropriate for or available for use in other countries or locations.
By accessing this Web Site in any way, You agree that You will comply with all applicable laws and regulations of the state or District in which You are located, including but not limited to copyright, trade mark, obscenity, privacy, defamation and export laws.
You agree to provide true, accurate, current and complete information in your entries and data provided to this Web Site and YMIN. If You are receiving services from YMIN on an on-going basis, You agree to keep this data up-to-date with any appropriate revisions.
This Web Site is intended for use by persons of age 18 or older (for residents of India) and is not directed at children. Children under the age of 18 (for residents of the India) may use this site only with the supervision and consent of parent or guardian.
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YMIN may at any time revise these terms and conditions, as well as its service offerings and pricing of such services, by updating this Web Site posting. BY USING THIS WEB SITE, YOU AGREE TO BE BOUND BY ANY SUCH REVISIONS AND SHOULD PERIODICALLY VISIT THIS WEB SITE TO DETERMINE THE THEN-CURRENT TERMS AND CONDITIONS OF USE.
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IF YMIN DETERMINES IN ITS SOLE DISCRETION THAT YOU ARE VIOLATING THESE USE LIMITATIONS, YMIN MAY IMMEDIATELY SUSPEND AND TERMINATE YOUR ACCESS TO THIS WEB SITE, WITHOUT LIABILITY TO YMIN AND WITHOUT ADVANCE NOTICE TO YOU.
Use of this Web Site or its services by any User or entity obtaining access to this Web Site is governed by these limitations on your use. These limitations have been created to promote the integrity, security, reliability and privacy of our Web Site. Any violation of these limitations may result in immediate suspension or termination of Your access to our Web Site, as well as the pursuit of all other legal remedies available to YMIN.
This Web Site and the services provided by it may be used only for lawful purposes and may not be used to violate any operating rule, policy, or guideline of YMIN, any of its affiliates, partners or any other internet service provider.
You may not use this Web Site or related services to transmit, distribute, store or destroy any data, material, software or hardware (as determined by the sole judgment of YMIN): (i) in violation of any applicable law or regulation, (ii) in any manner that might infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, (iii) in a manner that is defamatory, obscene, hateful, threatening, abusive, or otherwise objectionable, or (iv) in violation of the specific guidelines outlined below.
You are prohibited from violating or attempting to violate the security of this Web Site, including without limitation, (1) accessing data not intended for You or logging into a server or account which you are not authorized to access, (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (3) attempting to interfere with use by or service to any user, visitor, host, or network, including without limitation, by submitting a virus or other harmful code or software to this Site, by overloading, “flooding”, “spamming”, “mailbombing” or “crashing”, (4) sending unsolicited e-mail including promotions and/or advertising of products or services, or (5) creating any forged, false or misleading information, including header, origin, or routing information, in any e-mail, upload or posting.
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Violations of system or network security may result in your or others’ civil or criminal liability. YMIN may involve and cooperate with law enforcement authorities in prosecuting users who are involved in such violations. YMIN’s sole judgment applies to determinations of these limitations and prohibited uses.
If You become aware of any prohibited use by other Users, You agree that you will report this information immediately to YMIN at info@yamahamusicindia.com. |
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You acknowledge and agree that this Web Site, its content and the services provided by it and any software used in connection with this Web Site or other web sites and provided by or through YMIN, contain proprietary and confidential information protected by intellectual property (copyright, trademark, service mark, patents, etc) laws, international treaty provisions and other laws, including those concerning privacy and publicity, and which are and continue to be the property of YMIN and/or its service providers and other entities.
You agree not to copy, reproduce, republish, modify, distribute, sell, rent, lease, loan, transmit, display, perform or create derivative works of the content of this Web Site or otherwise based on this Web Site, the software used, all other materials, text, graphics, logos, images, audio clips, music, data and other materials used in connection with this Web Site or other web sites made accessible by YMIN, or the arrangement of these materials or content, without the express written permission of YMIN or as otherwise permitted by applicable law. You agree to keep intact all such software and that you will not alter any copyright or other proprietary notices contained in the software or content provided in connection with this Web Site. The reproduction, redistribution or transmission of such software or other Web Site materials is expressly prohibited and may result in severe civil and criminal penalties. YOU MAY NOT DECOMPILE, DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY TRADE SECRET CONTAINED IN ANY SOFTWARE OR WEB SITE MATERIALS PROVIDED.
You acknowledge that the Software and other Web Site materials, and any accompanying documentation or technical information, are subject to the export control laws and regulations of the United States. You agree not to export the Software or other Web Site materials, directly or indirectly, to any countries that are subject to export restrictions.
You agree not to modify the software in any manner or form or to use modified versions of the software, including (without limitation) for the purpose of obtaining unauthorized access to this Web Site or services provided by or through it. You agree not to copy or adapt the code that is used to generate this Web Site. You agree not to access this Web Site or its services by any means other than through the interface that is provided by YMIN. You may not create a browser for, border environment, frame or replicate our content.
YMIN grants you a personal, non-transferable, revocable and non-exclusive license to use the object code of its software on a single computer for your personal, non-commercial use only, provided that you do not (and do not allow any known or unknown third party to) in any media, copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software.
This license expires immediately upon termination of services under this Web Site by either YMIN or You, whichever first occurs. Upon such termination, You must immediately halt all use of and access to YMIN intellectual property and return or destroy to YMIN’s express satisfaction any YMIN intellectual property of which You have possession.
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The information on this web site is protected by Indian and International copyright.
Copyright © 2009 Yamaha Music India Private Limited.
The trademarks, service marks and logos used and displayed on this Web Site are registered and unregistered trademarks of YMIN or its parent company, unless otherwise noted. Nothing on this Web Site grants, by implication, estoppel or otherwise, any license or right to use any trademark, without YMIN’s authorization and written permission. The name and trademarks of YMIN, including logos, may not be used in any way, including in advertising or publicity pertaining to this Web Site, without YMIN’s prior written permission. You are not authorized to use any YMIN logos as a hyperlink to this Web Site unless You obtain YMIN’s written permission in advance.
All rights not expressly granted herein are reserved.
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The following are some of the service marks of YMIN or its parent company: Yamaha.com and Yamahaca.com [or other website names]. The names of 3rd party companies, products and services mentioned on this Web Site may be the trademarks of their respective owners.
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It is YMIN’s policy to comply with all intellectual property laws and, in appropriate circumstances, to terminate the use or accounts of Users who infringe the intellectual property rights of others.
If You believe that your work has been infringed, send a notice of copyright infringement to YMIN’s Designated Agent for Copyright Infringement:
Manager, Legal Department
Yamaha Music India Private Limited
5-F, Ambience Corporate Tower,
Ambience Island,
NH- 8, Gurgaon
Haryana - 122001,
India
Your notice must include:
- Physical or electronic signature of the copyright owner or the person authorized to act on behalf of the copyright owner
- Identification of the copyrighted work claimed to be infringed
- Description of where the alleged infringements are located in the Services
- Your name, address, telephone number and email address
- A statement of good faith belief that the material is infringing
- A statement that, under penalty of perjury, the information in the notification is represented to be accurate and that the complaint is authorized by the copyright holder.
Once proper notice has been received, YMIN may take the following action:
- YMIN will remove or block access to infringing material; and
- YMIN will notify the subscriber of the copyright infringement notification;
The subscriber must provide a counter notice that contains the following information:
- Physical or electronic signature of the subscriber
- Identification of the material that has been removed or to which access has been disabled
- Statement that the subscriber has a good faith belief that the material did not constitute copyright infringement
- Subscriber’s name, address, telephone number, and email address and
- If YMIN receives a counter notification, it will forward this notification to the original complaining party. If the complaining party does not respond to the counter notice by filing a lawsuit, YMIN will restore the material or access to the material within ten to fourteen days of the receipt of a counter notification.
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YMIN may provide hyperlinks or pointers to other Web Sites maintained by third parties, service providers, advertising entities or affiliates, or YMIN may provide third party content on this Web Site by framing or other methods. Other users may provide or post information and content. These links and information are provided for your convenience or information only.
THE CONTENT IN ANY THIRD PARTY POSTING OR IN ANY OTHER LINKED WEB SITES IS NOT UNDER YMIN’S CONTROL AND YMIN IS NOT RESPONSIBLE FOR, DOES NOT ENDORSE AND IS NOT LIABLE, DIRECTLY OR INDIRECTLY, FOR THE CONTENT, ACTIONS OF OR DAMAGES CAUSED BY SUCH CONTENT, INFORMATION OR THIRD PARTY SITE, INCLUDING ANY FURTHER LINKS WITHIN THE THIRD PARTY SITE.
THE PRIVACY POLICIES AND TERMS AND CONDITIONS OF THESE THIRD PARTY SITES WILL BE DIFFERENT THAN YMIN’S. IF YOU CHOOSE TO ACCESS ANY OF THE THIRD PARTY INFORMATION OR SITES LINKED TO THIS WEB SITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.
It is up to you to take precautions to ensure that the third party you link to for your use has terms and conditions, privacy and other use policies acceptable to you, that it is free of computer viruses, worms, trojan horses, and other items or software of a harmful nature, and that the party you are dealing with has appropriate background, insurance, licensing, reputation or quality of service that You require.
In the event that You have a dispute with any such third party, You release YMIN (and its affiliates, service providers, suppliers, agents and employees) from any and all claims, demands and damages pursuant to the provisions contained herein. YMIN is under no obligation, but does reserve the right to, screen third party content and links.
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YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK. THE SERVICES PROVIDED BY THIS WEB SITE ARE ON AN “AS IS” AND “AS AVAILABLE” BASIS. YMIN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS AND TIMELINESS.
YMIN MAKES NO WARRANTY THAT (1) THE SERVICE PROVIDED BY OR THROUGH THIS WEB SITE OR ITS SERVICE PROVIDERS OR LINKED WEB SITES WILL MEET YOUR REQUIREMENTS, (2) THE SERVICE PROVIDED BY OR THROUGH THIS WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEB SITE WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THIS WEB SITE WILL MEET YOUR EXPECTATIONS, (5) ANY ERRORS IN THE SOFTWARE RELATING TO THIS WEB SITE WILL BE CORRECTED OR (6) THAT THIS WEB SITE OR ANY SERVICES PROVIDED BY OR THROUGH IT WILL BE FREE FROM VIRUSES, HARMFUL SOFTWARE OR OTHER DEFECTS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB SITE IS OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YMIN OR THROUGH OR FROM THIS WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
IN THE REPUBLIC OF INDIA, SOME STATES 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 state to state. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THESE TERMS AND CONDITIONS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEB SITE AND ITS SERVICES.
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IN NO EVENT SHALL YMIN OR ITS SERVICE PROVIDERS BE LIABLE 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 YMIN OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND HOWEVER ARISING, INCLUDING NEGLIGENCE), RESULTING FROM OR IN CONNECTION WITH (1) THE USE OR INABILITY TO USE YMIN’S SERVICES THROUGH THIS WEB SITE, (2) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES THROUGH THIS WEB SITE, (3) ANY CLAIMS, INCLUDING THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, RESULTING FROM ANY GOODS, DATA, INFORMATION, SOFTWARE, GRAPHICS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE; (4) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (5) STATEMENTS OR CONDUCT OF ANY THIRD PARTY OR OTHER ENTITY ON THE INTERNET ENCOUNTERED THROUGH THIS WEB SITE OR ITS SERVICES; OR (6) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL THE LIABILITY OF YMIN BE IN EXCESS OF THE AMOUNT YOU HAVE PAID TO YMIN DURING THE PREVIOUS SIX MONTHS OR INR 500.00, WHICHEVER IS LESS.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, YMIN’S LIABILITY IN THOSE JURISDICTIONS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. However, if you are not satisfied with these limitations, you must discontinue using this Web Site and its services.
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You agree to defend, indemnify and hold harmless YMIN, its officers, directors, employees, affiliates, partners, subsidiaries and agents, third parties and service providers acting on YMIN’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: (1) your use of this Web Site or its services or content, (2) your breach of this Web Site’s Terms and Conditions of Use and Copyright Notice or Privacy Policy as posted on this site and as modified from time to time, (3) any information submitted, posted, or otherwise provided by You through this Web Site, (4) any dispute or litigation between an Indemnified Party and a third party caused by your actions, and (5) your negligence or violation or alleged violations of any rights of another, based on your use of this Web Site, its services or content. YMIN, at your expense and YMIN’s discretion, may provide notice to you of YMIN’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 YMIN or its agents or service providers in enforcing this provision.
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Any dispute arising between You and YMIN must first be presented to the other party for resolution, in accordance with the Notice provision below. YOU AGREE THAT YOU WILL FILE ANY DISPUTE YOU HAVE WITH YMIN WITHIN ONE (1) YEAR OF THE TIME THAT SUCH CLAIM AROSE AND THAT ANY DISPUTES RAISED BY YOU LATER ARE FOREVER BARRED. YOU AGREE THAT YOU WAIVE ANY ENTITLEMENT, AT LAW OR EQUITY, TO A LONGER PERIOD TO RAISE SUCH DISPUTES.
If this dispute can not be resolved within sixty days, the complaining party must submit its claim for settlement by final and binding arbitration. Judgment on the award rendered by the arbitrator may be entered by a court of competent jurisdiction. Arbitration will be conducted by a single arbitrator and in Gurgaon, Haryana, India. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU ARE GIVING UP THE RIGHT TO HAVE ANY DISPUTE REGARDING THIS AGREEMENT HEARD BY A JURY AND DETERMINED BY A COURT OF LAW.
You and YMIN agree that the services provided by this Web Site evidences a transaction in interstate commerce and this provision for arbitration will be interpreted and enforced in accord with the Arbitration Laws (viz. Arbitration and Conciliation Act, 1996, etc.). You and YMIN agree that You and YMIN will not seek and that an arbitrator may not award or order (1) relief in excess of or contrary to what these Terms and Conditions of Use and Copyright Notice provide or (2) any relief contrary to applicable law or the provisions herein.. Each party will bear the costs of arbitration equally but each is responsible for its own attorney fees in arbitration or legal proceedings, except that for any claims against YMIN, which must be treated cumulatively, which are less than Rs.5,000.00, You are only required to assume the first 2,000.00 of the costs of arbitration (but You are responsible for your own attorney fees and other costs).
Under these Terms and Conditions of Use and Copyright Notice, You and YMIN agree to be governed by the law of the State of California, without reference to California conflict of laws rules and without application of the Convention for the International Sale of Goods, and where applicable or controlling, Federal law. You and YMIN agree that such California law must be applied, including by the Arbitrator, to the merits of any dispute or claim.
For any matter not subject to arbitration, You and YMIN agree to submit to the personal and exclusive jurisdiction of the Courts in Gurgaon, State of Haryana, India
YOU ACKNOWLEDGE THAT THE PROVISIONS REGARDING PROTECTIONS OF YMIN’S INTELLECTUAL PROPERTY AND THE SECURITY AND PROPER USE OF THIS WEB SITE ARE MATERIAL TERMS OF THIS AGREEMENT. SINCE ACTUAL DAMAGES THAT WOULD RESULT FROM A BREACH OF THESE PROVISIONS WOULD BE IMPRACTICAL OR EXTREMELY DIFFICULT TO FIX, YOU ACKNOWLEDGE THAT YMIN MAY SEEK INJUNCTIVE RELIEF TO PREVENT ANY ANTICIPATE OR ON-GOING BREACH OF THESE PROVISIONS.
Such remedy, however, is cumulative and non-exclusive and is in addition to any other remedy that YMIN is entitled to pursue. You further acknowledge that YMIN at its sole and exclusive option may pursue such injunctive relief by way of the civil court system or by arbitration. In the event YMIN chooses to seek injunctive relief by way of the civil court system, YMIN shall be entitled to recover from You any costs and attorney’s fees expended on behalf of YMIN in the maintenance of such claims.
THIS PROVISION AND THESE REMEDIES HAVE BEEN AN IMPORTANT CONSIDERATION FOR YMIN IN OFFERING SERVICES THROUGH ITS WEB 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 WEB SITE.
IF ANY PROVISION, INCLUDING THIS DISPUTES PROVISION, OR A PORTION OF ANY PROVISION IS DETERMINED BY A COURT OR ARBITRATOR TO BE INAPPLICABLE OR INVALID, YOU AGREE THAT THE REMAINDER SHALL STILL BE GIVEN FULL FORCE AND EFFECT SO AS TO RETAIN THE MAXIMUM APPLICATION OF THE OBJECTIVE INTENT OF THE PROVISION.
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Any notices or communications under these provisions or relating to your use of this Web Site must be delivered as follows:
If notice is by You to YMIN, (1) Customer Service inquiries and technical inquiries about the routine operations of this Web Site may be directed to info@yamahamusicindia.com or by calling +91 124 466 5551 all legal notices, notice of disputes and demands for arbitration, and any other notice which purports to change these provisions or to assert legal entitlements must be sent in writing to Manager, Legal Department, Yamaha Music India Private Limited, 5-F, Ambience Corporate Tower, Ambience Island, NH- 8, Gurgaon, Haryana - 122001,
India by registered mail or certified mail, return receipt requested. In no event shall You assume for (2) that notice by electronic mail satisfies this requirement. For notice to be sufficient under (1) and (2), You must identify your name, address, telephone number and email address. All sufficient notice shall be deemed to have been received on the date it is delivered.
If notice is by YMIN to You, YMIN may be sent at YMIN’s reasonable discretion by electronic mail to the electronic address specified during your use of this Web Site, by facsimile if You have provided a facsimile number during your use of this Web Site, or by regular, certified or registered mail to the mailing or street address provided by You during your access of this Web Site or by nationally recognized delivery service which maintains receipt confirmation. You will be deemed to have received this notice either upon receipt or, for mailings, within seven days after mailing, whichever earlier occurs. You are responsible for notifying YMIN of any changes to your contact information prior to any changes. YMIN may use your previous contact information, if you failed to provide YMIN with updated or current information.
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Termination by YMIN
YMIN may, at its sole discretion and without prior notice, terminate or discontinue any or all of the services offered by or through this Web Site. In addition, YMIN may terminate without liability, including for the content you have provided or posted, your access to this Web Site or use of services by or through this Web Site, if at any time, in YMIN’s sole discretion and without limitation, including if (1) You breach in any way these Terms and Conditions of Use and Copyright Notice as posted at this site and as modified from time, (2) YMIN is unable to verify or authenticate any information You have provided to YMIN, (3) if YMIN believes that You have violated or acted inconsistently with the spirit of this Agreement or to the detriment of YMIN’s reputation or obligations or (4) if You dispute or attempt to modify any of these Terms and Conditions of Use and Copyright Notice or their application by YMIN.
Upon termination by YMIN, YMIN reserves the right to (1) collect all charges, fees, commitments and obligations incurred or accrued by You; (2) delete any content, listings, messages or other information connected with your prior use of this Web Site, (3) prohibit your future access to this Web Site, including without limitation by deactivating any passwords, (4) and refuse You future access to this Web Site or affiliated Web Sites. In no event shall YMIN be required to refund, redeem or pay amounts to You upon termination of your access or to return any content to You.
Termination by You
You may terminate your access with this Web Site at any time. If You have a continuing or subscription service, you may cancel your service by calling +91 124 466 5551 or by providing notice in accord with the provisions herein. In order to cancel, You must provide us with the exact name of the service to be cancelled, your username and password, your email address, your billing information and other information such as may be needed to accomplish your request. YOUR SOLE REMEDY IF YOU DISPUTE ANY OF THESE TERMS AND CONDITIONS OF USE IS TO TERMINATE YOUR ACCESS TO THIS WEB SITE AND ITS SERVICES.
No Resale or Commercial Use
You may not agree to resell, sublease or assign your rights or obligations under these Terms and Conditions of Use and Copyright Notice. You also agree not to make any unauthorized commercial use of this Web Site.
Billing and Charges
YMIN reserves the right to charge the then-current prices and fees posted on this Web Site and as modified from time to time without advance notice to You. If You submit an order or request for services for which a payment or fee is required, You hereby authorize YMIN to charge your credit card for all applicable fees, taxes, shipping/handling and charges, including fees and charges applied by third parties or other service providers necessary to complete your request for services.
If the service You request is a continuing or subscription service, this service will automatically renew at the end of the subscription period, unless You terminate this service not less than thirty (30) days prior to the end of the subscription period by providing notice under these provisions.
YMIN reserves the right to modify fees and charges applicable at time of renewal of subscriptions or services. Any periodic subscription fees will be billed automatically to your designated credit card at the start of each renewal period and you authorize such automatic billing for renewals.
If you find any modification of these fees or charges for subscription or renewed services to be unacceptable, your sole remedy is to cancel your services. No refunds will be made.
If you registered for a service using a promotional code, after the initial promotional period expires, your renewal will continue at the then-current price.
You acknowledge that it is your responsibility to notify YMIN of any changes to your credit card, including its expiration, otherwise your access to services may be disconnected or interrupted.
Charges will be that posted at time of order submission. You agree to pay any taxes, including sales or use taxes, shipping and handling fees as posted. All fees shall be paid in INR. Charges will be posted at time of order submission to any credit card you have authorized. You agree to make payment within thirty (30) days of billing by your credit card service. Acceptance of late or partial payments (even if marked “Paid in Full”) shall not waive any of YMIN’s rights to collect amounts due. Delinquent payments may result in the imposition of a late fee, at the rate of one percent of the unpaid balance per month, or the maximum allowable under applicable state law, whichever is higher. If payment becomes delinquent, YMIN may suspend, disable or terminate services or access to You at this Web Site and related sites.
You acknowledge and agree that you will notify YMIN of any billing problems or discrepancies within sixty (60) days after they first appear on your credit card account statement. If You do not notify YMIN within sixty (60) days, You waive any right to dispute such problems or discrepancies.
Security and Passwords
Depending on the type of service You access and use, You may receive a password and account designation upon completing initial access or registration at this Web Site and linked sites. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password and account. You agree to (1) immediately notify YMIN of any unauthorized or potential unauthorized use of your password or account or any other breach of security, (2) to ensure that you exit from your account at the end of each access session and (3) not to attempt to obtain or use the password, data or content of other users. You may not disclose or share your password with any third parties or use your password for any unauthorized purpose. YMIN cannot and will not be liable for any loss of damage arising from your failure to comply with this paragraph.
The security mechanisms incorporated into YMIN’s software, however carefully designed, have inherent limitations and You must determine that this software adequately meets your requirements. Given the nature of the internet, YMIN can not and does not warrant that files available for downloading will be free of infection, viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You agree that You are solely responsible for implementing sufficient procedures to provide protection for Your computer system from such events.
Proprietary Rights to Your Content
YMIN does not claim ownership of the content that You provide to this Web Site. However, by using or accessing our Web Site You grant YMIN a world-wide, royalty-free, irrevocable and non-exclusive license to (1) host, use, reproduce, modify, distribute, transmit, combine with information provided by third parties and publicly display Your content on and through YMIN’s Web Site services and in YMIN’s promotional or advertising materials (only for the limited purpose of promotion the Web Site services), and (2) sublicense to third parties Your content to the extent necessary for the provision of services and for the creation and maintenance of, in part or in whole, our Web Site, that of our affiliates or service providers, or any location where your posting, upload or content is maintained. No compensation will be paid or due to You with respect to YMIN’s or its sublicensee’s use of the materials as licensed above.
By posting messages or participating in chat rooms or bulletin boards, uploading files, inputting data, submitting any feedback or suggestions, or engaging in any other form of communication with or through any YMIN web site, You warrant and represent that You own or otherwise control the rights necessary to do so and to grant YMIN the license set forth above and pursuant to the provisions herein, You will defend and indemnify YMIN and other Indemnified Parties from any third party claim related to a breach of any of the foregoing representations and warranties.
Privacy Policy
The YMIN Privacy Policy as posted on this Web Site and as modified from time to time will apply and is incorporated by reference here.
However, if you provide any chat room-type postings, product testimonial feedback or unsolicited transmittals to this Web Site or any other YMIN or linked webs site locations, in particular where third party of other users are present or may have access, You acknowledge that You have no expectation of privacy or confidential treatment of information that You have provided. DO NOT POST SUCH INFORMATION IN THESE LOCATIONS WHICH ARE OR ARE LIKELY TO BE ACCESSIBLE TO OTHER PUBLIC, IF YOU WISH THIS INFORMATION TO BE MAINTAINED IN A NON-PUBLIC MANNER.
Severability
Each of the terms and limitations provided by these terms are important to YMIN in providing its Web Site and services through the internet and the pricing of those services. In the event any provision contained herein is held by a tribunal of competent jurisdiction to be contrary to the law, the remaining provisions herein will remain in full force and effect, to the maximum extent possible.
Integration
The Terms and Conditions of Use and Copyright Policy contained herein and as modified from time to time, and inclusive of terms and provisions incorporated by reference, constitute the entire agreement between You and YMIN. These terms replace in their entirety and supercede, whether verbal or written, any and all previous proposals, negotiations, writings, and other communications between You and YMIN. These provisions may not be waived, modified or limited by any statements, implied or direct, by any third party, employee or representative of YMIN. YMIN expressly disclaims any authority by any other person or entity to waive, modify, or limit these provisions. YMIN disclaims any liability for the actions of such individuals, by their representations, promises and/or statements which in any way modify, conflict with or are in contravention of these provisions.
Consent to Electronic Form of Contract
BY YOUR ACCESS AND USE OF THIS WEB SITE AND SERVICES BY OR THROUGH IT, YOU ACKNOWLEDGE AND CONSENT TO THE ELECTRONIC FORM OF THESE TERMS AND CONDITIONS OF USE, INCLUDING THE PROVISION OF NOTICE IN ELECTRONIC FORM. You agree that these provisions, in printed or electronic form, shall be admissible in judicial or arbitration proceedings, to the same extent and subject to the same conditions as other documents and records generated and maintained in written form. Your consent to electronic form extends to all written notices sent by YMIN. You acknowledge that You have the necessary hardware and software to access these provisions as posted on YMIN’s web sites and will maintain such hardware and software throughout your use of this Web Site and its services. You may remove your consent to the electronic form of contracting with YMIN, but in that event, You must provide notice pursuant to these provisions and your authorization to use and access this Web Site is immediately terminated.
Waiver
The waiver of any breach or default of obligations under these provisions will not constitute a waive of any subsequent breach or default and will not act to amend or negate the rights of the waiving party.
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 YMIN.
Independent Review Acknowledgement
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS OF USE AND COPYRIGHT NOTICE AND ALL RELATED TERMS REFERENCED HEREIN. YOU AGREE TO ALL TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED ALL ASPECTS OF THESE PROVISIONS AND THE DESIRABILITY OF USING THIS WEB SITE AND ITS SERVICES. YOU ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN THOSE EXPRESSLY SET FORTH IN THESE PROVISIONS.
Report of Violations
You agree as a condition of use and access to this Web Site to immediately notify YMIN using the methods outlined in these Terms and Conditions of Use and Copyright Notice if you become aware of any unauthorized, improper or unlawful use or threatened use of this Web Site.
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You agree and warrant that You will not use (or plan, encourage or help others to use) this Web Site for any purpose of in any manner that is prohibited by these terms and conditions. It is your responsibility to ensure that your use of this Web Site complies with these terms and conditions. You specifically agree not to do any of the following:
- Post any incomplete, false, or inaccurate information about yourself, your organization or any content you provide.
- Upload, post, transmit, retransmit, distribute or store any material or content is abusive, adult content, obscene, indecent, profane, pornographic, threatening or harassing, libelous, defamatory, invasive of another’s privacy, tortuous, racially, ethnically or otherwise objectionable, including material that restricts a civil liberty
- Undertake an action, directly or indirectly, which restricts or inhibits any person or entity, whether a User of this Web Site or otherwise, in its use or enjoyment of the services or products of this Web Site
- Utilize this Web Site or its services to harm minors in any way
- Violate any rights of any person or entity, including rights protected by copyright, trade secret, patent, or other intellectual property or similar laws or regulations, including but not limited to, the installation or distribution of “pirated” or other software products that are not appropriately licensed for use
- Violate export control laws
- Upload, post, transmit, retransmit, distribute or store any false data, including but not limited to data on enrollment, on-line applications, contracts and including fraudulent use of credit card numbers, social security numbers or other personally identifiable data
- Impersonate any person or entity or falsely state or otherwise misrepresent an identity or affiliation
- Falsify headers or any other data directly or indirectly, in order to disguise or misrepresent the origin or identity of any content or transmission
- Upload, post, transmit, retransmit, distribute or store any material or content, that You do not have a right to transmit under any law or under any contractual or fiduciary relationship (such as inside information or proprietary and confidential information)
- Upload, post, transmit, retransmit, distribute or store any material or content, that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party
- Upload, post, transmit, retransmit, distribute or store any material or content that contains any unsolicited, unregistered or unauthorized advertising, chain letters, illegal contests, junk mail, promotional materials, pyramid schemes, business opportunities, club memberships, spam or any other form of solicitation
- Upload, post, transmit, retransmit, distribute or store any material or content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, modify or limit the functionality of another entity’s computer software, hardware or telecommunications equipment or support services
- Disrupt the normal flow of dialogue, cause a screen to scroll faster to disrupt other users, or otherwise act in a manner that negatively affects other User’s ability to use the services of this Web Site
- Interfere with or disrupt the operations of this Web Site, including the support provided by any of this Web Site’s service providers or linked sites, or fail to follow any of the requirements, procedures, policies or regulations of networks connected to this Web Site
- Attempt to use or use multiple log-ins, methods for circumventing time charges accounting or log-in protections; attempt to consume excessive resources, including CPU time, memory, storage space resources; or to fail to safeguard or to share passwords or accounts with others in any way which disrupts or negatively affects the services of this Web Site
- intentionally or unintentionally violate any law, including but not limited to, regulations promulgated by securities exchange or regulatory body, and any regulations having the force of law.
- Post content, transmit e-mail or link to other sites for the marketing, sales, or distribution of: ammunition, counterfeit, pirated or stolen goods, explosives, firearms, food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants, fraudulent goods, liquor, pharmaceuticals or controlled substances, tobacco products, gaming products or services, any goods or services that infringe or otherwise violate a third party’s rights, registered or unregistered securities, or any goods or services that can not be legally sold, are misrepresented, or if displayed or sold on a web site, would cause this Web Site to violate any law, statute or regulation
- Harvest, store or otherwise collect information about third parties, or other users of this Web Site, including e-mail addresses, without their express and verified consent
- Use this Web Site or its Services for any illegal activities, including but not limited to, disobeying trade restrictions, vandalizing, altering or destroying online data or files, tampering with information data bases and software, trafficking in illegal products or substances, attempting unauthorized entry or access to this Web Site or to other networks or computers, or violating civil rights laws
- Attempting to breach the security of this Web Site or other services used in conjunction with this Web Site, including but not limited to, attempting to circumvent user authentication or security of any host, network, or account (hacking, cracking, port scans or flood pings); unauthorized monitoring of data or traffic; installing, without authorization, continuously running programs; reselling CGI scripts; conducting denial of service attacks; attempting to disrupt service by distributing or introducing viruses, worms or other harmful software; attempting to create unauthorized full time connections
- Misusing email or posting capabilities, including but not limited to sending unsolicited bulk mailing of commercial advertising and informational announcements; sending solicited email that otherwise violates these policies; sending email that falsifies an address or other information for the purpose of concealing the sender’s or recipient’s identity; harassing recipients through language, frequency, or size of messages; sending email chain letters or pyramid schemes; relaying email without the express permission of a web site, service, system or network; sending email with false or misleading statements, claims or representations; forging header information including but not limited to attempting to circumvent the approval process for posting to a moderated group; and canceling or superseding posts, data or content other than the User’s own.
- Using or attempting to use any engine, software tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or other intelligent agents) to navigate or search this Site, other than the search engine and search agents available from YMIN on this Web Site and other than generally available third party Web browsers (e.g., Netscape Navigator, Microsoft Explorer, etc) or attempting to link directly to locations embedded within this Web Site (“deep linking”)
- Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of this Web Site or other service providers or links to this Web Site
- Create a border environment, frame or replicate the content of this Web Site through another web site
- Imply or represent, directly or indirectly, by linking or otherwise, that YMIN or this Web Site is affiliated with, endorses, or has any relationship with any other entity or web site, without the prior written permission of YMIN
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