Serato Terms of Use
These terms and conditions of use, (Terms of Use), together with our Privacy Policy and Cookie Policy and the Community Guidelines, govern your use of Serato.com, including as accessed by any application or device (Serato Website), and any product, feature, service or application that links to the Terms of Use or which requires a Serato Account to access.
In these Terms of Use, the following meanings have been applied:
EULA means the End User Licence Agreement or other terms and conditions that apply to your use of any Serato Software.
Serato means Serato Limited, and is also referred to as we or us.
Serato Account means a user account created on Serato.com.
Serato Services means the Serato Website and any product, feature, service or application that requires a Serato Account to access, or links to the Serato Terms of Use.
Serato Services Content means any content, excluding Third Party Content, that is hosted or stored on Serato Services including, but not limited to photographs, videos, text, images, sounds, music, computer code and software.
Serato Software means any software product and/or any accessory, extension or expansion product provided by Serato.
Serato Terms means all terms and conditions that apply to your purchase and / or use of a Serato Service and include the Terms of Use, the Community Guidelines, the Terms of Sale and EULA and any other policy that is referred to and therefore included. If there is a discrepancy between these Terms of Use and the Terms of Sale and / or any applicable EULA then the terms in the EULA and Terms of Sale will prevail in that order of precedence.
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 Software.
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 any Serato Services.
Acknowledgement and Acceptance of Terms and Conditions
By using the Serato Services 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 any Serato Services.
1. Use of Serato Services
1.1 Serato Services may only be used for lawful purposes and in such a way as to respect the rights of Serato, Serato Services users and others. Online behaviour that violates the Community Guidelines, these Terms of Use and / or encourages others to violate the Community Guidelines or these Terms of Use or the terms of any EULA that applies to a specific Serato Software product, or infringes someone else’s rights including their intellectual property rights, is prohibited.
1.2 Serato Services are provided for the enjoyment and benefit of all. If you are posting content to any Serato Service then you must also comply with the Community Guidelines.
1.3 Serato reserves the right in its sole discretion to remove any content or opinions posted that it believes breaches any of Community Guidelines or these Terms of Use, and remove or restrict your access and use to any or all Serato Services at any time.
2. Ownership of Serato Services Content
2.1 Aside from any Third Party Content, all Serato Services Content is owned, licensed or controlled by Serato.
2.2 By posting Third Party Content to a Serato Service (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, and waive your moral rights and grant a non-exclusive, royalty-free, worldwide and perpetual licence to Serato to use, copy, reproduce, adapt, communicate, perform, play, show or issue in public and incorporate the Third Party Content in other works and no further licence 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 Services Content is strictly forbidden. Reproduction of any Serato Services Content requires prior written consent from Serato. Please contact legal@serato.com for more information.
2.4 Serato Services Content cannot, under any circumstances, be redistributed or made available for download on any other website, server or file sharing mechanism.
3. Purchases of Serato Products and Services
Additional terms and conditions will apply to your purchase and use of any Serato Software and or Serato Services. These additional terms and conditions will be included in the Terms of Sale and EULA that apply to the Serato Software or Serato Service 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.
4. 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.
5. Privacy and Data Protection
5.1 Please read our Privacy Policy and Cookie Policy. By creating a Serato Account or using Serato Services you agree to the use of any personal information you have provided in accordance with our Privacy Policy, and the use of cookies when accessing Serato Services (as applicable) in accordance with the Cookie Policy.
6. Interruptions to Service
We will endeavour to provide constant, uninterrupted access to Serato Services but offer no guarantees of service. We may modify, update or discontinue any of the functions or services included in Serato Services at any time without liability to you. We accept no responsibility or liability for any interruptions or delays of service.
7. 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 Services. 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.
8. Our Liability
8.1 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 appliable law.
8.2 Subject to clause 10.1, 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, under these Terms of Use or relating to any Serato Services, 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 or any Serato Services, 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.
10.3 Subject to 10.1 and 10.2, our maximum aggregate liability in respect of these Terms of Use or relating to any Serato Services whether in contract, tort (including negligence) or otherwise and shall in no circumstances exceed the amount paid by you to us in respect of the Serato Services in question.
9. General Terms
9.1 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 Services. Furthermore you indemnify Serato against all claims, losses, costs (including legal costs as between solicitor and client), expenses, demands or liability that Serato incurs in connection with your breach of these Terms of Use, Serato Terms, or any terms appliable to any Third Party Software, or Third Party Content included in or with or accessed through any Serato Services.
9.2 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 any Serato Services, 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.
9.3 No amendment to these Terms of Use will be effective unless it is in writing and signed by Serato.
9.4 You are not entitled to novate or assign these Terms of Use to any other person without prior written consent from Serato.
9.5 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.
10. Governing Law
These Terms of Use will take effect as a contract made under, and be governed by, New Zealand law. You submit to the non-exclusive jurisdiction of the New Zealand courts.