Serato Terms of Use

These Terms of Use, along with the Community Guidelines govern your use of Serato.com, including as accessed by any application or device (Serato Website). If you order or purchase any Serato Products either on a trial basis, by outright purchase or through your uptake of a Serato Subscription from the Serato Website you will also be required to agree to a Terms of Sale and / or an End User License Agreement (EULA).

In these Terms of Use, the following meanings have been applied:

EULA means the End User License Agreement or other terms and conditions that apply to your use of any Serato Software.

High-Risk Territories means Afghanistan, Burma/Myanmar, Cuba, Iran, North Korea, Russia, Sudan, Syria, or the occupied/disputed Ukrainian territories of Crimea, Donetsk, Kherson, Luhansk and Zaporizhzhia.

Sanctions means measures imposed by countries or international organisations to influence behaviour for political, economic, or security reasons. They restrict Serato's ability to export, procure, transact, or collaborate with certain individuals, entities, regions, or countries.

Sanctioned Person means a party designated or sanctioned in accordance with the Sanctions laws of the United Nations, New Zealand, the United States, the United Kingdom, or the European Union.

Serato means Serato Limited, and is also referred to as we or us.

Serato Account means a user account created on Serato.com.

Serato Content means any content, excluding Third Party Content, that is hosted or stored on the Serato Website or a Serato Product including, but not limited to photographs, videos, text, images, sounds, music, computer code and software.

Serato Legal Terms means all terms and conditions that apply to your use of the Serato Website and or purchase and or use of a Serato Product and include all policies and terms that are referred to and therefore included in the Serato Legal Terms page.

Serato Product means any Serato Software product, feature or service that is made available for you to Order from the Serato Website whether by Subscription or one time purchase.

Serato Software means any software product and/or any accessory, extension or expansion product provided by Serato.

Serato Website means the Serato.com website including as accessed by any application or device.

Terms of Sale means the additional terms and conditions that apply to your purchase and use of any Serato Product.

Third Party Content means any content that is owned, licensed or controlled by an independent third party that is posted to, or accessed from, a Serato Service.

Third Party Software means software owned by third parties that may be installed as part of installing Serato Software or separately.

You or your means the person who is using the Serato Website and or any Serato Product.

Acknowledgement and Acceptance of Terms and Conditions

By using the Serato Website and/or creating a Serato Account you agree to these Terms of Use, including as amended from time to time. If you do not agree to these Terms of Use you must not use the Serato Website or any Serato Product. If you are under the legal minimum age, which is 18 years old in most countries, you must get your parent or legal guardian to read and accept all relevant Serato Legal Terms including these Terms of Use.

1. Use of Serato Website

1.1 The Serato Website may only be used for lawful purposes and in such a way as to respect the rights of Serato, Third Party Content and Software providers and the Serato Community. If you are posting content on the Serato Website then you must comply with the Community Guidelines and these Terms of Use. Online behaviour that violates or encourages others to violate any of the Serato Legal Terms is prohibited.

1.2 Serato reserves the right in its sole discretion to remove any content or opinions posted on the Serato Website that it believes breaches any of the Community Guidelines or these Terms of Use, and remove or restrict your access to use the Serato Website and or Serato products at any time.

2. Ownership of Serato Content

2.1 Aside from any Third Party Content, all Serato Content is owned, licensed or controlled by Serato.

2.2 By posting Third Party Content to the Serato Website (with the exception of any personal information required to create a Serato Account) you warrant that you have rights necessary to post the Third Party Content. You waive your moral rights and grant a non-exclusive, royalty-free, worldwide and perpetual license to Serato to use, copy, reproduce, adapt, edit, communicate, perform, play, show or issue in public and incorporate the Third Party Content in other works and no further license or permission from you to use the Third Party Content will be required. If you do not agree to grant Serato this license please do not post anything.

2.3 Unauthorised reproduction of any Serato Content is strictly forbidden. Reproduction of any Serato Content requires prior written consent from Serato. Please contact legal@serato.com for more information.

2.4 Serato Content cannot, under any circumstances, be redistributed or made available for download on any other website, server or file sharing mechanism.

3. Copyright Infringement & DMCA

Serato respects intellectual property rights. If you believe content on the Serato Website infringes your copyright, please send a written takedown notice to our Copyright Agent at legal@serato.com or Serato Limited, Private Bag 92015, AMSC, Auckland 1142, New Zealand.

To be legally valid under the DMCA, your notice must include:

1. A description of the copyrighted work and the exact location (e.g., URL) of the infringing material.
2. Your contact information (name, address, phone number, and email).
3. A statement of your good faith belief that the use is unauthorized by the copyright owner or the law.
4. A statement, made under “penalty of perjury”, that the information is accurate and you are the owner or authorized agent, along with your physical or electronic signature.

4. Purchases of Serato Products

Additional terms and conditions will be included in the Terms of Sale and EULA that apply to your use of any Serato Product purchased. If there is a conflict between these Terms of Use and the Terms of Sale and/or EULA then the terms in the EULA and Terms of Sale will prevail in that order.

5. Maintaining your Serato Account

You agree to ensure your Serato Account information is up to date at all times, including personal and contact information as well as all billing and payment information. You are solely responsible for maintaining the confidentiality of your log-in information, and you agree to immediately notify Serato at legal@serato.com of any suspected unauthorized use of your Serato Account.

6. Privacy and Data Protection

6.1 Please read our Privacy Notice and Cookie Policy. By creating a Serato Account or using the Serato Website or any Serato Product you agree to the use of any personal information you have provided in accordance with our Privacy Notice and Cookie Policy.

7. Interruptions to Service

We will endeavour to provide constant, uninterrupted access to the Serato Website and Serato Products but offer no guarantees of service. We may modify, update or discontinue any of the functions or services included in Serato Products at any time without liability to you. We accept no responsibility or liability for any interruptions or delays of service.

8. External links

Serato accepts no responsibility or liability for Third Party Software, Third Party Content, or content on non-Serato Websites including where linked to from Serato Website or included in Serato Products. To find out more information about the terms of use of any Third Party Content please visit Visualiser Third Party Content Notices and Software Legal Notices.

9. Our Liability

9.1 Nothing in these Terms of Use will operate, or is intended to operate, to limit or exclude any liability or obligation of Serato to the extent that such liability or obligation cannot be limited or excluded under applicable law. Serato liability for purchased Serato Products is governed by the terms of the relevant Terms of Sale and / or EULA.

9.2 Subject to clause 9.1, in no event will Serato be liable (whether in contract, tort including negligence, or otherwise) to you for:

(a) any claim for damages, or any other monetary remedy relating to the Serato Website, including but not limited to a claim for:

(i) loss of revenue and/or profit, loss of anticipated savings, loss of goodwill or opportunity, loss of production, loss or corruption of data or wasted management or staff time; or

(ii) loss, damage, cost or expense of any kind whatsoever that is indirect, consequential, or of a special nature, arising directly or indirectly out of these Terms of Use, even if Serato had been advised of the possibility of such damages, and even if such loss, damage, cost or expense was reasonably foreseeable by Serato;

(b) any loss whatsoever brought about through your installation or use of any Third Party Software or Third Party Content.

9.3 Subject to clauses 9.1 and 9.2 above, our maximum aggregate liability relating to the Serato Website and or any Serato Product whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount paid by you to us.

10. General Terms

10.1 You warrant that you are of the legal minimum age, which is 18 years old in most countries, to enter into a legal agreement. If you are younger than 18, you must get your parent or legal guardian to read and accept the terms contained in these Terms of Use.

10.2 To the greatest extent permitted by law, you indemnify Serato against all claims, losses, costs (including legal costs as between solicitor and client), expenses, demands or liability that Serato may incur in connection with your use of the Serato Website. Furthermore you indemnify Serato against all reasonable claims, losses, costs (including legal costs), expenses, demands or liability that Serato incurs in connection with your breach of these Terms of Use or the Community Guidelines.

10.3 To the greatest extent permitted by law, and except for any written representation, warranty, term or condition addressed to you and signed by Serato, you acknowledge that Serato gives no warranties in relation to the Serato Website, either express or implied, including but not limited to, any implied warranties relating to quality, fitness for any particular purpose or ability to achieve a particular result.

10.4 Sanctions - You warrant that you are not located in a High-Risk Territory or a Sanctioned Person, and agree to comply with all applicable Sanctions.

10.5 No amendment to these Terms of Use will be effective unless in writing and signed by Serato.

10.6 You are not entitled to novate or assign these Terms of Use to any other person without prior written consent from Serato.

10.7 If any provision of these Terms of Use or their application to any party or circumstance is or becomes invalid or unenforceable to any extent, the remainder of the Terms of Use and their application will not be affected and will remain in force to the greatest extent permitted by law.

11. Governing Law

These Terms of Use will take effect as a contract made under, and governed by, New Zealand law. You submit to the non-exclusive jurisdiction of the New Zealand courts. However, notwithstanding the above, you may benefit from any mandatory provisions of the law of the country in which you are resident (including the United States, United Kingdom, or member states of the European Economic Area). Nothing in these Terms of Use, including the choice of New Zealand law, affects your rights as a consumer to rely on such mandatory provisions of local law.