Established July 2018
Article 1 General Provisions
Yamaha Music Foundation (hereinafter referred to as "Foundation") determines the Use Terms (hereinafter referred to as "Terms") as follows for the services on the website (hereinafter referred to as "Site") of "Musician's Creativity Lab" (hereinafter referred to as "Service") operated by the Foundation.
The Foundation shall operate the Service hereunder and provide the Service to the customers who desire to use the Service and consented to the Terms (hereinafter referred to as "User").
Article 2 Handling of Personal Information
- Personal information (User name = e-mail address) of the User who purchased the Service handled on the Site shall be used for providing products and support
- The User shall agree to provide the correct personal information to the Foundation in using the Service.
- Even if any third party wrongfully obtained and used personal information from the User and the User incurred any disadvantages as a result thereof, the Foundation shall not assume any responsibility therefor.
- The Foundation may transfer or provide to third parties the information of the status of use of the Service, etc., by the User to the extent not identifying individuals.
Article 3 Purpose of Terms, etc.
- Terms shall determine the terms and conditions of contracts between the Foundation and the User where the User uses the Service and various services on the Site.
- The Foundation may change the details of the Terms without prior notice to the User and the details after the change shall become effective at the time of notice to the User or the publication.
- The Foundation may determine individual terms (hereinafter referred to as “Individual Terms”), limiting the scope of application, separately from the Terms.
- When the Foundation gives notice to the User of the details of the Individual Terms or published them, the User shall be deemed to have consented thereto.
- When there is any difference between the details of the Terms and the Individual Terms, the Individual Terms shall prevail.
Article 4 Consent to Use Terms
For the User to use the Service, the User must consent to the Terms.
The User shall be deemed to have consented to the details of the Terms by the Foundation at the time the User uses the Service.
Article 5 Details of Service
The details of the Service provided to the User by the Foundation are as follows. The details of the Service shall be determined on the Site, etc.
- (1)Paid distribution of video lessons of instrument performing techniques, etc. (Video Lesson)
- (2)Paid advice on instrument performing techniques, etc., through transmitting and receiving videos (Feedback Session)
Article 6 Use of Service
- Where the User uses the Service, the User shall pay the price to the Foundation (hereinafter referred to as "Use Fee").
- Out of the Service, only residents in Japan may use the services on the Japanese site and residents outside of Japan cannot use the services.
- Out of the Service, only residents outside of Japan, EU member countries, Russia Federation may use the services on the English site and residents in Japan, EU member countries and in Russian Federation may not use the services.
- Use Fee shall be the amount separately indicated on the Site.
- The User shall make payment by credit card.
- The Foundation shall not assume any responsibility for any disputes between the User and credit card companies.
- The Foundation shall not refund the purchase price for paid video distribution and purchase price of the Feedback Session tickets paid by the User for any reason.
- The User shall manage for him/herself so that personal information of the User or third parties shall not be included in the videos transmitted to the Feedback Session by the User. The Foundation shall not assume any responsibility for management of personal information transmitted to the Feedback Session from the User.
- Distribution of videos by the Service shall be viewed by streaming both for Video Lesson and the Feedback Session. Therefore, any downloading of videos cannot be made.
- When the User withdraws from the Service, all the previous video data of the Feedback Session shall be deleted from the server and the User cannot view them thereafter.
- The validity period of Feedback Session ticket is one year after you purchased.
Article 7 Change of Details of Service
- The Foundation may change the details of the Service at the discretion of the Foundation without giving prior notice to the User.
- The Foundation shall not assume any responsibility for any disadvantages incurred by the User and third parties by any change in the details of the Service.
Article 8 Temporary Interruption and Suspension of the Service
In the following events, the Foundation may interrupt temporarily or suspend all or part of the Service without giving notice to the User.
- (1)If maintenance and inspection or renewal of the system is conducted regularly or urgently.
- (2)If it is difficult to provide the Service due to force majeure events such as fire, power failure or natural disaster.
- (3)If the system is used beyond its capacity due to concentration of accesses by the User.
- (4)Otherwise, if the Foundation determines it is difficult to provide the Service.
Article 9 Preparation of Facilities, etc.
- The User shall conduct improvement and maintenance and management of the environment illustrated below, which are required for using the Service at the responsibility and expense of the User and the Foundation shall not be involved in preparation and method for the User to access the Site or using the Service.
- (1)Preparation and installation of computers and communication devices and any other devices required to use the Service.
- (2)Execution of the communication line use contracts, membership with the Internet service and payment of the communication charges and any other expenses required to use the Service.
- The Foundation shall not be required to change the details and provision method of the Service in order to secure compatibility with the Service with respect to all the devices, software and communication environment for the User to use the Service.
Article 10 Disclaimer
- The Foundation shall provide the Service as it is and the User shall use the Service at the responsibility of the User.
- The Foundation shall not give any explicit or implicit warranty of the matters set forth below.
- (1)That the Service meets the needs of the User.
- (2)That the information obtained through the Service by the User meets the needs of the User.
- (3)That no error will occur to the Service and the software provided through the Service and that errors will be corrected.
- (4)That the Service will securely be provided and that the access results will be correctly displayed on the terminal of the User.
- (5)That the results and information obtained from the Service are correct and reliable.
- Even if any damage occurs to the User due to the events set forth in the preceding two paragraphs, the Foundation shall not assume any responsibility therefor.
- The User shall receive the Service at the responsibility of the User and the Foundation shall not assume any responsibility for any damages incurred by the User in the process of use.
Article 11 Attribution of Rights
Copyrights, neighboring rights and any other rights in the videos of Video Lesson and returning videos of Feedback Session distributed via the Service (including the rights provided for in Japanese Copyright Act, Article 21 through Article 28) shall be attributed to the Foundation. Therefore, it is prohibited to use, reproduce or alter them without permission, except as otherwise provided for in the laws.
Article 12 Prohibited Acts
The following acts which are deemed to fall under any of the items below by the Foundation shall be prohibited, regardless of the existence of intention or negligence on the part of the User.
- (1)To carry out reproduction, distribution, lending, transfer, transmission to the public, making transmittable or projectable or cause a third party to carry out such acts for the videos of Video Lesson and returning videos of the Feedback Session, whether for the purpose of profit or not, except as otherwise licensed by the Foundation hereunder.
- (2)To use one User ID by multiple persons or to lend a User ID of the User to a third party.
- (3)Act of alteration of videos of Video Lesson.
- (4)Acts of infringing the rights and privacy of the Foundation or third parties, including copyrights.
- (5)Acts of damaging the honor, character or credibility, etc., of copyright holders and any other right holders or any acts causing disadvantages thereto.
- (6)Acts of the User using, for commercial purposes, all or part of the services provided by the Foundation, (regardless of the form such as use, replay, reproduction, sale or resale).
- (7)Acts of the User using, for any purpose other than personal and private use, all or part of the information obtained through the services provided by the Foundation by reproduction, sales, publishing and disclosure and any other methods or causing third parties to conduct similar acts.
- (8)Acts contrary to laws, regulations and public order and morals.
- (9)Criminal acts or acts that threaten, involve or facilitate criminal acts.
- (10)Acts violating laws and regulations.
- (11)Acts disturbing the operation of the Service.
- (12)Acts damaging the credibility of the Foundation or the Service.
- (13)Acts loading the server beyond the scope of ordinary use and acts facilitating thereof and any other acts obstructing or disturbing the operation of the services of the Foundation or use of the services by other users.
- (14)Acts infringing the intellectual property rights of third parties, including industrial property rights (patent rights, trademark rights, design rights and utility model rights), copyrights and trade secrets.
- (15)Transmitting to the server of the Feedback Session of the expressions leading to discrimination based on ethnicity, race, gender and age or obscene and violent expressions.
- (16)Other acts which are deemed by the Foundation to be potential cause of damages to other users and third parties.
Article 13 Revocation of User Status, etc.
If the Foundation determines that the User falls under any of the following events, the Foundation may suspend temporarily or revoke the use of the Service or the user status without giving notice to the User and may take necessary measures, including cancellation of the Use Contract, etc. In such an event, the Foundation shall not return the purchase price paid by the User.
- (1)If the use of a charging method designated by the User is refused or suspended by a third party to whom the Foundation consigns charging operations.
- (2)If the User commits any prohibited acts set forth in the preceding Article.
- (3)If the User breaches any of the provisions hereof.
- (4)If the User was subject to disposition of elimination of the user registration due to the breach hereof.
- (5)Otherwise, if the User is determined to be inappropriate as the User by the Foundation.
Article 14 Responsibility of User
- If any dispute arises in the use of the Service, between the User and another User or any other third parties, the User shall resolve the dispute at the expense and responsibility of the User and shall not cause any trouble or damages to the Foundation.
- If the User causes damages to the Foundation due to the following events, the Foundation may claim to the User for damages.
- (1)Use of the Service
- (2)Contents transmitted or dispatched by the User through the Service
- (3)Connection to the Service
- (4)Breach of the Terms
- (5)Infringement of the rights of third parties
Article 15 No Assignment of Rights and Obligations
The User shall not assign or transfer, etc., to any third party or establish security rights on any rights and obligations arising in the use of the Service.
Article 16 Effect of Notice
The details of notice to the User given by e-mail transmission or publishing on the website of the Service shall become effective immediately.
Article 17 Indemnification
- The Foundation publishes information dispatched through the Service with great care, but the Foundation shall not make any warranty of the correctness, assuredness, credibility and usefulness, etc., of the information to be obtained by the User.
- The Foundation shall not make any warranty of the effect obtained by the User through the Service.
- The Foundation or a third party may provide a link to other websites or resources from the Service, but the Foundation shall not assume any responsibility for the usefulness of such external resources.
- The Foundation shall not assume any responsibility for damages caused to the User due to interruption and delay of the system as a result of failures in communication lines or computers, damages caused by the falsification of the Site or damages caused by unauthorized access to the data, notwithstanding that the Foundation took reasonable safety measures.
- The Foundation shall not make any warranty that e-mail sent from the Site and server domain and content in the Service are not infected by harmful elements, including computer viruses.
- The Foundation shall not assume any responsibility for any disadvantages and damages incurred by the User or third parties due to temporary interruption or suspension of the Service and the changes in, addition to or discontinuation of the Service and the details hereof.
Article 18 Governing Law
Interpretation and performance of the Term shall be governed by the laws of Japan.
Article 19 Jurisdiction
If any dispute arises between the Foundation and the User, the Tokyo District Court shall be the court of exclusive jurisdiction by agreement for the first instance.