Terms & Conditions
Last updated January 1, 2018
www.yamahapowerpay.com (“Site”) is provided by Yamaha Marine Group (“YMG”, “we”, “us”, or “our”). This Site is open to all permanent, legal residents of the fifty (50) United States and the District of Columbia; however, you must be at least 18 years old to register as a contestant in the Contest ("Contestant"). Your participation in the Contest is subject to the Official Rules, including the procedures for entry, and you must read and accept the Official Rules before entry in the Contest. You must be at least 18 years old and of legal age or majority in your state of residence to participate in certain communication features of the Site. If you do not satisfy the requirements in the immediately preceding sentence, kindly discontinue viewing of this Site. Please take a moment to review the Terms and Conditions detailed below (“Terms”), as you will be bound by them when you use this Site.
Please note that we may at any time revise these Terms by updating this posting. You are bound by such revisions and should therefore visit this page to review the current Terms from time to time. NOTE THAT THESE TERMS ONLY APPLY TO THE USE OF THIS SITE, AND OTHER WEBSITES PROVIDED BY YAMAHA MARINE GROUP, SUCH AS YAMAHAOUTBOARDS.COM, HAVE DIFFERENT TERMS AND CONDITIONS THAT APPLY TO THE USE OF THOSE SITES.
Limitations on Use: You may not copy, download, distribute (including without limitation, forwarding to others), modify, publish, transmit, display, sell, license, use, reuse, or create derivative works of any of the contents of or material displayed on this Site for any purpose whatsoever without our written consent and/or the consent of any third party we deem necessary. You may not access or use this Site in any way that could or is intended to damage or impair the operation of this Site, or any content or material displayed on this Site, or any server or network underlying this Site, or interferes with anyone else's use and enjoyment of this Site.
Copyrights and Other Proprietary Rights: You should assume that everything on this Site is copyrighted unless otherwise noted, and that it must not be used except as provided in these Terms and/or with our express written consent and/or the consent of any third party we deem necessary. We neither warrant nor represent that your use of the material displayed on this Site will not infringe the rights of third parties. Any material, service, or technology described or used on this Site may be subject to other intellectual property rights owned by us or by third parties who have licensed to us such material, service, or technology. Any such right that is not expressly licensed in these Terms is reserved by us.
Trademarks: The trademarks, logos, and service marks, whether registered or unregistered (collectively the "Trademarks") used on this Site, including “Yamaha Pro Fishing,” "Yamaha Marine Group" and “Yamaha Power Pay,” are Trademarks of Yamaha, its parent, subsidiary or affiliated companies (collectively, “Yamaha”), or third parties. Nothing contained on this Site should be construed as granting by implication, estoppel, or otherwise, any license or right to use any such Trademarks without our written consent and/or the consent of such third party that owns the Trademarks. Any use of the Trademarks on this Site is prohibited.
Contestant Participant Images: This Site contains photographs of Yamaha Power Pay participants submitted by Contestants (“Contestant Participant Images”), which can be viewed by anyone visiting this Site. Note as a visitor, you may only view Contestant Participant Images. You must be a Contestant to submit any Contestant Participant Images for potential viewing by visitors. As with any other material posted on this Site, you may not copy, download, distribute (including without limitation, forwarding to others), modify, publish, transmit, display, sell, license, use, reuse, or create derivative works of any of the contents of Contestant Participant Images displayed on this Site for any purpose whatsoever without our written consent and/or the consent of any third party we deem necessary. We make no representation or warranty as to any Contestant Participant Images whatsoever, including any material included therein.
Submissions: Any comments you submit to this Site may be used by us and our designees for any purpose, including, but not limited to, reproduction, transmission, disclosure, publication, broadcast, and posting. By submitting material to this Site, you irrevocably transfer and assign to us, and forever waive and agree never to assert, any copyrights, "moral" rights, or other rights that you may have in such material. We and our designees are free to use, without obligation of any kind (including without limitation, no obligation for any consent from, or notice or compensation to, you), any ideas, concepts, techniques, or know-how contained in any communication you send to this Site for any purpose whatsoever.
NO WARRANTIES: THE INFORMATION AND SERVICES PROVIDED OR REFERENCED ON THIS SITE ARE PROVIDED "AS IS" AND WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND COMPLETENESS IS WITH THE USERS. WE MAKE NO WARRANTY, EITHER EXPRESS OR IMPLIED, THAT ANY INFORMATION OR SERVICE PROVIDED OR REFERENCED ON THIS SITE IS MERCHANTABLE, ACCURATE, COMPLETE, OR ERROR-FREE, THAT SUCH INFORMATION OR SERVICE WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS, OR THAT SUCH INFORMATION OR SERVICE DOES NOT INFRINGE ON ANY THIRD-PARTY RIGHTS. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE.
Without limiting any other disclaimers provided elsewhere in these Terms, we are not responsible or liable for the timeliness, deletion, or mis-delivery of, or failure to store or post, any communications.
LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT ALLOWED BY LAW, NEITHER WE (WHICH FOR THE PURPOSE OF THIS PARAGRAPH SHALL INCLUDE ALL RELEASED PARTIES AS DEFINED IN THE PARAGRAPH ENTITLED “RELEASE OF LIABILITY” BELOW) NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE (INCLUDING CONTESTANTS), WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE, OR LOST OPPORTUNITY), HOWEVER CAUSED, ARISING OUT OF YOUR ACCESS TO, USE OF, OR RELIANCE ON ANY MATERIAL OR CONTENT PROVIDED ON THIS SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, WE ASSUME NO RESPONSIBILITY, AND WILL NOT BE LIABLE, FOR ANY DAMAGES RELATING TO OR CAUSED BY ANY VIRUSES WHICH MAY AFFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THIS SITE. WE CANNOT AND DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THIS SITE.
Release of Liability: You agree to release, discharge, indemnify, and hold harmless the Yamaha Marine Group / Yamaha Corporate Entities, Dynamic Sponsorships, LLC , and their respective parent, subsidiary and affiliated companies, and their respective distributors, dealers, dealer associations, advertising and promotions agencies, prize suppliers, and each of their respective officers, directors, employees, representatives, contractors and agents (collectively, the “Released Parties”) from and against any claims, damages, expenses, and liability arising from or related to any injuries, damages, or losses to any person (including death) or property of any kind resulting in whole or part, directly or indirectly, from your participation in this Site, or otherwise accessing this Site or using any other features offered through this Site, including, without limitation, your breach of these Terms or the use by us or our designees of any rights granted by you.
Links: We are not responsible for the contents of any website linked to this Site, and the fact such links are provided on this Site does not indicate our approval or endorsement of any material contained on any linked website. Your connection to and use of any such linked website is at your own risk.
Termination: We reserve the right to deny use of all or part of this Site to you for any reason without notification. We may, in our sole discretion and at any time, modify or terminate this Site and remove or refuse to post any information, content, or materials.
Copyright Infringement and Copyright Agent: We respect the intellectual property of others, and we ask our users to do the same. If you are the owner of a United States copyright and you believe that your work has been copied on this Site in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent the following information:
- a physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on this Site;
- your address, telephone number, and e-mail address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Our agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
Dynamic Sponsorships, LLC
4860 South Lewis Ave, Suite 100
Tulsa, OK 74105 < address>
By phone: 918-742-6424
By e-mail: email@example.com
Disputes: You agree that (a) any and all disputes, claims, and causes of action arising out of, or connected with, this Site (including without limitation, any alleged violation of these Terms, any controversy relating to the arbitrability of any dispute, or any claim that these Terms (or any part thereof) are invalid, illegal, or otherwise voidable (or void)) shall be resolved individually, without resort to any form of class action, and exclusively by arbitration to be held solely in Los Angeles, California under the auspices of the American Arbitration Association and pursuant to its Commercial Dispute Resolution Rules and Procedures; (b) any and all claims, judgments, liabilities, and/or awards shall be limited to actual out-of-pocket costs incurred, including costs associated with your participation in this Site or otherwise accessing this Site, but in no event attorneys’ fees; and (c) under no circumstances will you be permitted to obtain awards for, and you hereby waive, all rights to claim, punitive, special, incidental, and/or consequential damages and any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. This arbitration provision shall be deemed to be self-executing, and in the event that either party fails to appear at any properly noticed arbitration proceeding, an award may be entered against such party notwithstanding said failure to appear. In no event shall you seek or be entitled to rescission, injunctive, or other equitable relief or to enjoin or restrain the operation of this Site, exploitation of any advertising or other materials issued in connection therewith, or exploitation of this Site or any content or other material used or displayed on this Site.
All issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms, your rights and obligations, or our rights and obligations in connection with this Site, shall be governed by, and construed in accordance with, the laws of the State of New York, U.S.A., without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
General: Any failure by us to enforce any of our rights under these Terms or applicable laws shall not constitute a waiver of such right. If any provision of these Terms is found to be invalid, you and we shall endeavor to give effect to the intent reflected in that provision, and the remaining Terms shall retain their full force and effect.
You agree to follow and comply with any applicable laws in your use of this Site. If you have any questions or otherwise wish to communication with us, please email us at firstname.lastname@example.org