This Yamaha App is provided for free by Yamaha Motor Europe N.V., also on behalf of its branch offices and related affiliates (further referred to as we, us/our). This App allows you to enjoy your Yamaha motorcycle even more by offering many features and functionalities, such as configuring your motorcycle, and in the future tracking your routes, riding suggested routes, watching videos, how-to manuals, and the Yamaha Community, which provides you the possibility to invite, share with, and challenge your friends, save achievements, and send your configurations of motorcycles to your Yamaha dealer.
The App, including any User Content, such as texts, videos, sounds, models, designs, manuals, generated motorcycle configurations and any other information and materials (including anything protected by intellectual property rights), and the Yamaha Community, is managed by Yamaha Motor Europe N.V. a public company with limited liability established according to Dutch law. You may contact us at: Koolhovenlaan 101 (1119 NC) Schiphol-Rijk, the Netherlands, registered at the Dutch Chamber of Commerce with number 34084613, Digital Marketing & CRM, P.O. Box 75033, 1117 ZN Schiphol, The Netherlands, tel: +31 20 654 6000; e-mail: app.termsofuse@YAMAHA-MOTOR.eu
1 Your use of the App
1.2 We provide the App to you for free, but your carrier's rates and fees, such as data and data roaming charges, will apply when you access or use certain features of the App, including any data used by background processes related to the App when the App is not the active opened application on your Device. You are responsible for all charges by your carrier related to the App.
2 Creating an Account
2.1 You will need to create an Account in order to have access to all features and functionalities of the App. In order to create your Account, we will ask you to provide some personal information, such as your name and email address. You can start using the App upon our acceptance of your registration. We are entitled to decline your Account request for any reason. You will not create more than one Account. You will not transfer or sell your Account.
2.2 You are responsible for any access to and use of your Account, and for preventing any unauthorised use. In order to protect and maintain the security of your Account and keep the Yamaha Community fun and safe: a)You will set a secure password, which is required for logging in to your Account. You will not share your password or let anyone else access and use your Account and you will notify us immediately if you know or have any reason to suspect anyone else knows, has access to, or uses your user name and password; b)You will not submit any User Content, take any action, or use the App in any manner that infringes our or anyone else's rights, including but not limited to intellectual property or privacy rights, or violates any applicable laws and regulations;
3 Intellectual property rights
3.2 You retain ownership of your User Content you submit to the App. By submitting your User Content you expressly warrant to us that you are solely responsible for the accuracy, lawfulness, decency, and legitimacy of it, and that you have the right to make it available through the App and license your User Content. You grant us a non-exclusive, unconditional, perpetual, irrevocable, transferable, worldwide, royalty-free license to use, perform, display, adapt, translate, modify, publish, distribute, circulate, or broadcast your User Content for purposes related to the App, including but not limited to the Yamaha Community.
4 Personal data
4.1 We will process your personal data in accordance with our Privacy Statement.
We are not responsible or liable for, or have any control over the privacy policies of any third party's website, application or services used by the App, including any social media providers (e.g., Facebook).
5 Liability and indemnification
5.1 Our App has been set up with the greatest possible care. The correct functioning of the App is also subject to factors that are outside our control and are the responsibility of third parties, such as your carrier's network, Wi-Fi and GPS reception. We do not warrant that (parts of) the App will be (fully) available at all times or that the App and information provided (including but not limited to motorcycle parts, how to manuals, prices and availability of models and parts) is complete, correct, up-to-date, fit for a particular purpose, or free from any offensive, inappropriate, unlawful or objectionable User Content. We reserve the right to suspend, withdraw or amend (parts of) the App.
We believe strongly in responsible riding and do not support, encourage or condone reckless and irresponsible behavior while riding. It is the riders responsibility to take care of one’s self and actions. Abiding by traffic laws, state laws for participating in traffic and watching out for hazards, pedestrians and vehicles are critical for safe and responsible riding. We take no responsibility for any bodily injury incurred by motorcyclists or other vehicle riders participating in any events and using any information provided by our Apps and other digital platforms.
5.3 We are not responsible or liable for, and do not monitor, endorse or have any control over any third party's, applications, websites or services linked to or used by the App, including their accuracy, availability, functionalities, and applicable terms and policies. If you have any questions about the practices and policies of third parties, please review their corresponding terms and policies, and contact them.
5.4 In the event that we are liable under a mandatory applicably law, our liability, on whatever ground, for any damages will be limited to the fullest extent permitted by applicable law. All limitations of our liability will cease to apply if the damage was caused by intent or gross negligence on our part.
7 Applicable law and disputes