Terms of Use for “ADECIA GOLD PARTNER CERTIFICATION”
1. Scope
These Terms of Use shall govern the use of the platform and the ADECIA GOLD PARTNER CERTIFICATION (hereinafter “certification”) by the user (hereinafter “You”).
This Platform is operated by Microsoft, but the Content is created by Yamaha Music Europe GmbH Siemensstrasse 22-34, 25462 Rellingen, Germany (hereinafter "Yamaha").
When doing the “ADECIA CERTIFICATION TEST” (hereinafter “test”) on this Platform, Yamaha will provide to you these Terms of Use and will ask you to agree to these Terms of Use before you can do the test. You agree to comply with all applicable laws and regulations.
The ADECIA GOLD PARTNER CERTIFICATION is a free offer by Yamaha.
After the successful passing the test you receive the ADECIA GOLD PARTNER CERTIFICATE (hereinafter “certificate”) via email to your email address in the PDF version. The certificate is valid for the person who has participated in the ADECIA GOLD PARTNER Certification Training and successfully passed the exam. It entitles the holder of the certificate to call himself an ADECIA expert. For a company to obtain the ADECIA Gold Partner status at least one employee must get the certificate.
2. Amendments to the offer
Yamaha reserves the right to alter the features and scope of the Platform offer at any time or to discontinue it.
Yamaha furthermore reserves the right to restrict, deny, or cancel access to the ADECIA GOLD PARTNER PROGRAM as a whole or in part at any time without prior notice and without giving reasons in its sole discretion with immediate effect, taking your reasonable interests into certification process
3. Registration
Participation in the certification test requires your prior registration. Registration is free of charge.
Before participate in the test, you must first register. The following data must be provided for the purpose of registration:
• First and last name
• Email address
• Organisation you work
You are required to observe any third-party privacy rights; in particular, users may not provide any third-party personal data.
This data will be used to create a personalized certification and will not be used for any other purpose and will be deleted afterwards.
4. Yamaha Content
All materials on the certification test content, including but not limited to questions, software, text (the "Content"), are protected by the applicable copyright laws. You cannot use the Content, except as specified herein. You agree to follow all instructions on the ADECIA GOLD PARTNER PROGRAM limiting the way you may use the Content. You may not copy, distribute, exhibit, perform, make publicly available and reproduce broadcastings of Content from the ADECIA GOLD PARTNER PROGRAM, for any business, commercial or public purpose, unless explicitly permitted by Yamaha. If you download any Content from this Site, you may not remove any copyright or trademark notices or other notices that go with it. Yamaha is not granting you any license to utilize any Trademarks. Any unauthorized use of the any Trademarks may violate applicable trademark laws, and civil and criminal statutes.
5. Responsibility for User's Material
You are prohibited from posting or transmitting any defamatory, libelous, pornographic, threatening or unlawful material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability of Yamaha, or otherwise violate any law. Yamaha may change, edit, or remove any such user material or conversations. Yamaha will fully cooperate with any law enforcement authorities or court order legitimately requesting or directing Yamaha to disclose the identity of anyone posting such materials.
6. Liability
Notwithstanding any other statutory requirements, the following exclusions and limitations of liability pursuant to this section 6 shall apply for Yamaha's liability for damages.
Yamaha shall be liable without limitation if damage was caused by intent or gross negligence.
Yamaha shall furthermore be liable for the slightly negligent breach of essential obligations which endangers the contractual purpose or for breach of duties, where performance is essential for the proper conduct of the competition and where contractual partners regularly rely on compliance. However, in such case, Yamaha shall be liable for foreseeable, typical damage only.
The above limitations shall not apply in case of injury to life, body, or health, any defect after assumption of quality guarantees for the quality of a product or fraudulently concealed defects. Liability under the Product Liability Act shall remain unaffected.
To the extent that Yamaha's liability is excluded or limited, this shall also apply to the personal liability of employees, representatives, and agents of Yamaha.
No warranties shall be assumed or representations made by way of the contents or downloads provided or by the present Agreement. Likewise, no warranty claims shall arise from the above.
7. Amendments
Yamaha may amend these Terms of Use from time to time, taking your reasonable interest into account. Yamaha will notify you of any such changes to the Terms of Use. The amended terms of the Terms of Use will become effective with your acceptance. In order to object to the changes, you may email Yamaha. Once effective, the revised terms of the Terms of Use will supersede any previous versions. If you object to the amended terms, Yamaha reserves the right to end your certification.
8. Data protection
Yamaha's Privacy Policy shall apply, available at https://europe.yamaha.com/en/privacy_policy/.
9. Termination
This certificate is only valid for the person as long as he/she works in the same company that holds the ADECIA Gold Partner status. The certificate is not transferable to any third party.
You can terminate your Certificate at any time by sending an email to Dataprotection@contact.europe.yamaha.com.
10. Miscellaneous
The present Terms of Use and any disputes arising from the use of the ADECIA GOLD PARTNER CERTIFICATION PROGRAM shall be governed by German law. If you are a merchant, a legal entity under public law or a special fund under public law or assets or if its general place of jurisdiction is not in the Federal Republic of Germany, the exclusive - including international - venue for any disputes arising from the business relationship between us and the customer shall be Hamburg. Mandatory statutory provisions regarding exclusive venue shall remain unaffected.
Version from 30.11.2021
