Terms of Use

Effective August 19, 2019

Welcome to the iZotope, Inc. (“iZotope”) website (the “Website”). Please review the following notices, terms and conditions concerning your use of the Website. By accessing, using or downloading any materials from the Website, you agree to follow and be bound by these notices, terms and conditions (the “Terms”). If you do not agree with these Terms, please do not use this Website.

 

GENERAL USE PROVISIONS

All materials provided on this Website, including but not limited to information, documents, products, logos, graphics, sounds, images, software, and services (”Materials”), are provided either by iZotope or by third party manufacturers, authors, developers and vendors (”Third Party Providers”) and are owned by iZotope and/or its Third Party Providers, and may be subject to copyright laws and protections. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of iZotope. Also, you may not “mirror” any Materials contained on this Website on any other server without iZotope’s prior express written permission.

Creating or maintaining any link from another website to any page on this Website without our prior written permission is prohibited. Running or displaying this Website or any information or material displayed on this Website in frames or through similar means on another website without iZotope’s prior written permission is prohibited. Any permitted links to this Website must comply will all applicable laws, rules, and regulations.

Except where expressly provided otherwise by iZotope, nothing on this Website shall be construed to confer any license offer for license or sale under any of iZotope’s or any Third Party Provider’s intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. See “How to Contact Us” below if you have any questions about obtaining such licenses.

Further, all features, content, specifications, products, and prices of products and services described or depicted on this Website are subject to change at any time without notice. The inclusion of any products or services on this Website at a particular time does not imply or warrant that these products or services will be available for purchase at any time. Materials provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by iZotope and as such, iZotope makes no warranty with respect to its contents. iZotope does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by iZotope.

iZotope hereby grants you permission to display, copy, distribute and download iZotope’s Materials on this Website provided that: (1) both the copyright notice identified below and this permission notice appear in the Materials; (2) the use of such Materials is solely for personal, non-commercial and informational use and will not be copied or posted on any networked computer, broadcast in any media, or used for commercial gain; and (3) the Materials are not modified in any way. This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded or printed Materials.

Any unauthorized use of any Materials contained on this Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

 

USER INFORMATION

Other than personally identifiable information, which is subject to this iZotope’s Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication that you transmit or post to this Website in any manner ("User Communications") is and will be considered non-confidential and non-proprietary. iZotope and its respective affiliates and designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing, or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. iZotope may, but is not obligated to, monitor or review any User Communications. iZotope will have no obligation to use, return, review, or respond to any User Communications. iZotope will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. iZotope retains the right to remove any or all User Communications that includes any material iZotope deems inappropriate or unacceptable.

 

REGISTRATIONS AND PASSWORDS; CONDUCT

iZotope may or may not at times require you to have a password and provide registration details to access this Website or portions of this Website. If iZotope does require a password and registration details, it shall be a condition of use of this Website that all the details you provide are correct, current and complete. If iZotope believes that the details are not correct, current or complete, iZotope will have the right to refuse you access to the Website, or any of its resources, and to terminate or suspend your account, if any. You are responsible for maintaining the confidentiality of any password(s) you are given to access this Website, and you are fully responsible for all activities that occur under your password(s). You agree to notify iZotope immediately of any unauthorized use of your password(s). iZotope reserves the absolute right not to issue a password to any person or entity.

 

MESSAGE AND COMMUNITY BOARDS

By using any message board or other interactive service that may be available to you through the Website, you agree that you will not distribute or facilitate the distribution of any content that is unlawful, including but not limited to: threats or harassment, invasion of another’s privacy, victimization of a group based on their religion or gender, and descriptions or accounts of sexual acts (including sexual language). You agree that you will not impersonate any person. You agree that you will not distribute content containing, trademarks or other proprietary right of any party, unsolicited advertising, software viruses or programs (including files or code) that are designed to disable, damage or obtain unauthorized access to any information to a third party.

You represent and warrant that content or materials posted by you do not infringe the intellectual property, contractual or proprietary rights of any third parties. You agree that you will not collect information about the users or members of this Website. iZotope reserves the right, in its sole discretion, to terminate your access to any part or all of this Website without notice.

All statements and materials posted to any message board or other interactive service, whether original posts or comments to those posts, reflect the views of the specific user and do not reflect the views of iZotope.

 

LINKS TO THIRD PARTY SITES

From time to time, this Website may contain links to websites that are not owned, operated or controlled by iZotope or its respective affiliates or partners.  iZotope does not make any representation whatsoever regarding the content of any other website, which you may access from the Website. When you access a third party website, please understand that it is independent from iZotope and that iZotope does not have any control over the content on that website. A link to a non-Zotope website does not mean that iZotope endorses or accepts any responsibility for the content or use of such website.  All such links are provided solely as a convenience to you. If you use these links, you will leave this Website. Neither iZotope nor any of its respective affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither iZotope nor any of its respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from this Website, you do so entirely at your own risk. Please also review the terms and conditions of any other website that you access from the Website, as they may be different from these Terms.

 

INAPPROPRIATE MATERIAL

You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that iZotope may have at law or in equity, if iZotope determines, in its sole discretion, that you have violated or are likely to violate the foregoing prohibitions, iZotope may take any action it deems necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Website. iZotope will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing iZotope to disclose the identity of anyone posting such materials.

 

CUSTOMER REVIEWS

You may submit reviews so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property 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."

 

SOFTWARE USE RESTRICTIONS

Any software that may be made available to download from this Website (”Software”) is the copyrighted work of iZotope. Use of the iZotope is governed by the terms of the end user license agreement that accompanies or is included with the Software (”EULA”) (iZotope’s current EULA is found at iZotope, Inc. Spire: Multitrack Music Recorder™ End User License Agreement. An end user agrees to the EULA terms by installing, copying, or using the Software. The Software is made available for downloading solely for use by end users according to the EULA. Without limiting the foregoing, the copying or reproduction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited. Any reproduction or redistribution of the Software not in accordance with the EULA is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

 

SUBMISSIONS

Except where expressly provided otherwise by iZotope, all comments, feedback, information or materials submitted to iZotope through or in association with this Website (”Submissions”) shall be considered non-confidential and iZotope’s property. By providing such Submissions to iZotope, you agree to assign to iZotope, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. iZotope shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you, not iZotope, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.

 

DISCLAIMER

iZotope attempts to ensure that information on this Website is complete, accurate, and current. Despite iZotope’s efforts, the information on this Website may occasionally be inaccurate, incomplete, or out of date. iZotope makes no representation as to the completeness, accuracy, or currency of any information on this Website.  Further, while iZotope has endeavored to create a secure and reliable Website, iZotope is not responsible for the confidentiality or security of any communication or material transmitted to or from this Website. You assume the sole and complete risk of using the Website.

ALL SOFTWARE AND MATERIALS ON OR AVAILBLE THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND IZOTOPE HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. IZOTOPE MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THIS WEBSITE.

 

LIMITATION OF LIABILITY

iZotope does not assume any responsibility, and iZotope will not be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Website, your downloading of any information or materials from this Website or using any software or services made available on or through this Website. IN NO EVENT WILL IZOTOPE, OR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, OR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OF ANY NATURE, WHETHER DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL ECONOMIC DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), ARISING OUT OF THE USE OR INABILITY TO USE THIS WEBSITE, ANY WEBSITE LINKED TO THIS WEBSITE, THE SERVICES,OR THE INFORMATION OR MATERIALS CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY DOES NOT APPLY TO PERSONAL INJURY CLAIMS OR CLAIMS FOR CONSUMER FRAUD.

IN THE EVENT OF ANY PROBLEM WITH YOUR USE OF THE WEBSITE OR SERVICES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE OR SERVICES, AND IN NO EVENT SHALL IZOTOPE’S AGGREGATE LIABILITY FOR ANY REASON WHATSOEVER RELATED TO USE OF THE WEBSITE, THE MATERIAL AND ITS CONTENT EXCEED $50.00.

 

EXPORT CONTROL

You acknowledge and agree that Materials are subject to the U.S. Export Administration Laws and Regulations. Diversion of such Materials contrary to U.S. law is prohibited. You agree that none of the Materials, nor any direct product therefrom, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorized by the U.S. Government. You certify that you are not on the U.S. Department of Commerce’s Denied Persons List or affiliated lists or on the U.S. Department of Treasury’s Specially Designated Nationals List. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

 

GENERAL

This Website may include inaccuracies or typographical errors. iZotope and the Third Party Providers may make improvements and/or changes in the products, services, programs, and prices described in this Website at any time without notice. iZotope may periodically make changes to the Website. Any action related to these Terms will be governed by Delaware law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply. These Terms represent the entire understanding relating to the use of the Website and prevail over any prior or contemporaneous, conflicting or additional, communications. iZotope has the right to revise these Terms at any time by updating this posting. Any rights not expressly granted herein are reserved by iZotope.

 

INTELLECTUAL PROPERTY NOTICES

Elements of the Website are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Web site may be copied or retransmitted unless expressly permitted by iZotope, the iZotope logo, and other iZotope product names referenced herein are trademarks of iZotope, and may be registered in the United States Patent and Trademark Office and in other countries. All other product names, company names, marks, logos, and symbols are trademarks of their respective owners. Failure of a mark to appear on this Website does not mean that iZotope does not use the mark, nor does it mean that the product is not actively marketed or is not significant within its relevant market. Nothing contained on this Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Website without the written permission of iZotope or such other owner.

 

HOW TO CONTACT US

Corporate Headquarters

iZotope, Inc.

60 Hampshire Street

Cambridge, MA 02139

Attn: Customer Care

 

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