iZotope, Inc. Spire Services Terms of Use
TERMS OF USE
iZotope, Inc. and its affiliates ("iZotope") provide website features and other products and services to you when you visit, shop at, or use the services made available on or through the izotope.com website (“iZotope Site”); purchase and use iZotope’s Spire Studio® hardware recording device (“Spire Studio”); download and use iZotope’s Spire® Multitrack Music Recorder mobile application (“Spire Recorder” or “Application”); and/or use or purchase services (such as customer support or any hosted services, such as Spire Proô subscription features and services (“Spire Pro Services”), made available by iZotope), accessories or software provided by iZotope in connection with any of the foregoing (collectively, "Spire Services"). iZotope provides the Spire Services subject to the following terms and conditions of use (“Terms of Use”).
BY DOWNLOADING, PURCHASING , ACCESSING AND/OR SUBSEQUENTLY USING SPIRE SERVICES, YOU AGREE TO THESE TERMS AND CONDITIONS. AS SUCH, PLEASE READ THEM CAREFULLY BEFORE PROCEEDING.
iZotope offers a range of Spire Services, and, depending upon the particular Spire Service(s) that you are using, additional terms may apply. When you use a Spire Service, you also will be subject to the guidelines, license, terms and other agreements applicable to that Spire Service (each an "Other Agreement"). For example, download and use of iZotope’s Spire Recorder, either on a standard basis or in conjunction with additional Spire Pro Features and Services (“Spire Pro Services”) through an in-app subscription purchase, is subject to the Spire Multitrack Music Recorder End User License Agreement between you and iZotope that accompanies the Application. If these Terms of Use are inconsistent with any applicable Other Agreement, the Other Agreement shall control.
PRIVACY
iZotope cares about the privacy of its customers. Please review our Privacy Policy, which, by this reference, also governs your use of Spire Services, to further understand our practices, including information that may be automatically collected from you as part of your use of the Spire Services.
ELECTRONIC COMMUNICATIONS
When you use any Spire Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us regarding the Spire Services, you are voluntarily communicating with us electronically. You thereby consent to receive communications from us electronically in return, such as e-mails, texts, mobile push notices, or notices and messages on the Spire Site or through the other Spire Services, such as our Customer Support, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
Except as set forth in the REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT section below, all content included in or made available through any Spire Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of iZotope or its content suppliers or licensors and protected by U.S. and international copyright laws. The compilation of all content included in or made available through any Spire Services is the exclusive property of iZotope and protected by U.S. and international copyright laws.
TRADEMARKS
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Spire Services are trademarks or trade dress of iZotope in the U.S. and other countries. iZotope's trademarks and trade dress may not be used in connection with any product or service that is not iZotope's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits iZotope. All other trademarks not owned by iZotope that appear in any Spire Services are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by iZotope.
PATENTS
One or more patents pending that are owned by iZotope apply to the Spire Services and to the features and services accessible via the Spire Services.
LICENSE AND ACCESS
Subject to your compliance with these Terms of Use and your payment of any applicable fees, iZotope grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use all iZotope software, services and web or mobile applications contained within the Spire Services. This license does not include any right of resale, duplication or commercial distribution of any such iZotope software or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any iZotope software or its contents; any downloading, copying or other use of account information for the benefit of any third party; or any use of data mining, robots or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Use or any Other Agreement are reserved and retained by iZotope or its licensors, suppliers, publishers, rights holders or other content providers. No Spire Services, nor any part of any Spire Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of iZotope. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of iZotope without express written consent. You may not use any meta tags or any other "hidden text" utilizing iZotope's name or trademarks without the express written consent of iZotope. You may not misuse the Spire Services. You may use the Spire Services only as permitted by law. The license and services granted to you by iZotope as within the Spire Services shall terminate if you do not comply with these Terms of Use or any Other Agreement.
YOUR ACCOUNT
If you use any Spire Services, you are responsible for maintaining the confidentiality of any associated account and password, as well as for restricting access to your computer, mobile device or Spire Studio, and you agree to accept responsibility for all activities that occur under your account or password. iZotope reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
MOBILE “IN-APP” PURCHASES
If you elect to make an “in-app” subscription purchase within Spire Recorder, to access Spire Pro Services, your payments, including billing and any available refunds, will be processed through the Apple App Store in accordance with its “in-app” purchase rules and policies.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Customers may submit reviews, comments, photos, videos, and other content; and send e-mail communications; as well as submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. iZotope reserves the right (but not the obligation) to remove or edit such content on any interactive portion of the Spire Site, but may not regularly review posted content.
If you do post content (excluding any audio/video materials you make available through iZotope’s file sharing services, referred to as (“Creative Content”)) on any interactive portion of the Spire Site or submit material, and unless we indicate otherwise, then, excluding the Creative Content, you grant iZotope a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant iZotope and its sublicensees the right to use the name that you submit in connection with such content, if we or they so choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify iZotope for all third-party claims resulting from content you supply. iZotope has the right (but not the obligation) to monitor and edit or remove any activity or content. iZotope takes no responsibility and assumes no liability for any content posted by you or any third party on any interactive portion of the Spire Site.
FILE OWNERSHIP, PERMISSIONS AND RESPONSIBILITY
iZotope does not claim any ownership of any Creative Content you transfer through the Spire Services, and you acknowledge and agree that you are fully and solely responsible for the files you transfer through the Spire Services. By using the Spire Services, you represent, warrant and guarantee that you have, for each Creative Content file (including regardless of the nature of the Creative Content), all required rights and/or permissions, including from copyright and other intellectual property rights holders, to distribute, transfer, store and/or make available online through the Spire Services. iZotope is not liable to you or any third party for any damages arising out of the Creative Content shared by you or accessed by others, including but not limited to, copyright protected works and/or trademarks.
You further hereby grant to iZotope a non-exclusive, royalty-free, perpetual, unrestricted, irrevocable and worldwide license to use, copy, reproduce, remix, edit, record and adapt portions of any Creative Content made available by you on or through the Spire Services in connection with iZotope’s development of its machine learning technology and products. You acknowledge and agree that iZotope may use, reproduce, and modify Creative Content or elements thereof delivered to iZotope, in any format now known or hereinafter devised for such purpose without further payment, obligation, or attribution to you.
SHIPPING; RISK OF LOSS
For all Spire Services items purchased from iZotope directly through the Spire Site, iZotope offers free standard shipping within the continental U.S. and a paid option for expedited shipping. The risk of loss and title to such Spire Services items pass to you upon our delivery to the carrier.
SUPPORT SERVICES
iZotope is pleased to offer support for Spire Services, as described at https://support.izotope.com/hc/en-us/categories/360001856294-iZotope-Spire, fwhich support is provided by our in-house Customer Care team.
PRODUCT DESCRIPTIONS
iZotope attempts to be as accurate as possible in how it describes its products. However, iZotope does not warrant that product descriptions or other content of any Spire Services is accurate, complete, reliable, current, or error-free. If a product sold or offered to you directly by iZotope is not as described, your sole remedy is to return it to iZotope, according to the requirements in the Limited Warranty, within forty-five (45) days of the date that you purchased the product.
LIMITED WARRANTY
Our Spire Studio hardware recording device is guaranteed to be free from defects in materials and workmanship for a period of one (1) year, under the terms and conditions set forth in iZotope’s Limited Warranty.
RETURNS; REFUNDS
iZotope does not take title to returned items until the item arrives at our office or designated off-site fulfillment center. In this situation, iZotope does not take title to the refunded item. For more information about iZotope’s returns and refunds policy for the Spire Services, please see iZotope’s Limited Warranty.
MOBILE APP PERMISSIONS
When you use the Spire Recorder created by iZotope in conjunction with other Spire Services, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.
USE OF IZOTOPE SOFTWARE
In addition to these Terms of Use, the terms of iZotope’s Spire Multitrack Music Recorder End User License Agreement (“License”) found here apply to any software (including any updates or upgrades to the software and any related documentation) that you purchase and/or that we make available to you, from time to time, for your use in connection with the Spire Services ("iZotope Software"). You may use iZotope Software solely for purposes of enabling you to use and enjoy the Spire Services as provided by iZotope, and as permitted by these Terms of Use, the License and any Other Agreements. You may not incorporate any portion of the iZotope Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the iZotope Software or otherwise assign any rights to the iZotope Software in whole or in part. You may not use the iZotope Software for any illegal purpose. We may cease providing any iZotope Software, and we may terminate your right to use any iZotope Software at any time. Your rights to use the iZotope Software shall automatically terminate without notice from us if you fail to comply with the License, these Terms of Use or any Other Agreement. Additional third-party terms contained within or distributed with certain iZotope Software that are specifically identified in related documentation may apply to that iZotope Software (or software incorporated with the iZotope Software) and shall govern the use of such software in the event of a conflict with these Terms of Use. All software used in any Spire Services is the property of iZotope or its software suppliers and protected by United States and international copyright laws.
NO REVERSE ENGINEERING
You may not, and you will not encourage, assist or authorize any other person to, copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the iZotope Software, whether in whole or in part, or create any derivative works from or of the iZotope Software.
UPDATES
In order to keep the iZotope Software up to date, we may offer automatic or manual updates at any time and without notice to you.
USE OF THIRD-PARTY SERVICES
When you use the Spire Services, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third-party services may be subject to the separate policies, terms of use, and fees of these third parties, and you acknowledge and agree that iZotope shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of any such third-party services.
EXPORT REGULATIONS; GOVERNMENT END USERS
You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the iZotope Software. If you are a U.S. Government end user, we are licensing the iZotope Software to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the iZotope Software are the same as the rights we grant to all others under these Terms of Use.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
THE SPIRE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING HARDWARE AND SOFTWARE), AND OTHER SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SPIRE SERVICES ARE PROVIDED BY IZOTOPE ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. IZOTOPE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SPIRE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING HARDWARE AND SOFTWARE) OR OTHER SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SPIRE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SPIRE SERVICES IS AT YOUR SOLE RISK.
TO THE GREATEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IZOTOPE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IZOTOPE DOES NOT WARRANT THAT THE SPIRE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING HARDWARE AND SOFTWARE) OR OTHER SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SPIRE SERVICES, SPIRE SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM IZOTOPE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IZOTOPE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SPIRE SERVICES, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING HARDWARE AND SOFTWARE) OR OTHER SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SPIRE SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
COPYRIGHT COMPLAINTS
iZotope respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact legal@izotope.com. We respond promptly to the concerns of rights owners about any alleged infringement.
DISPUTES
Any dispute or claim relating in any way to your use of the Spire Services, or to any products or services sold or distributed by iZotope or through the Spire Site will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms of Use.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our legal department at iZotope, Inc., 60 Hampshire Street, Cambridge, MA 02139 or legal@izotope.com. The arbitration shall be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000, unless the arbitrator determines the claims are frivolous. Likewise, iZotope shall not seek attorneys' fees and costs in arbitration, unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed upon location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
APPLICABLE LAW
By using the Spire Services, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the Commonwealth of Massachusetts, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and iZotope.
SITE POLICIES; MODIFICATION; SEVERABILITY
Please review our other policies, such as our Privacy Policy, Support Policy and Limited Warranty, posted on the Spire Site. These policies, together with the License, also govern your use of the Spire Services. iZotope reserve the right to make changes to the Spire Site, policies, License, Other Agreements and these Terms of Use at any time. If any of the included provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
OUR CONTACT INFORMATION
iZotope, Inc.
60 Hampshire Street
Cambridge, MA 02139
Tel: 617-577-7799
Fax: 617-588-0471
