TERMS AND CONDITIONS
A. ITUNES STORE, MAC APP STORE, APP STORE, AND IBOOKSTORE TERMS OF SALE
B. ITUNES STORE TERMS AND CONDITIONS
C. MAC APP STORE, APP STORE AND IBOOKSTORE TERMS AND CONDITIONS
D. PRIVACY POLICY
B. ITUNES STORE TERMS AND CONDITIONS
C. MAC APP STORE, APP STORE AND IBOOKSTORE TERMS AND CONDITIONS
D. PRIVACY POLICY
THE LEGAL AGREEMENTS SET OUT BELOW GOVERN YOUR USE OF THE ITUNES STORE,
MAC APP STORE, APP STORE, AND IBOOKSTORE SERVICES. TO AGREE TO THESE
TERMS, CLICK "AGREE." IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK
"AGREE," AND DO NOT USE THE SERVICES.
A. ITUNES STORE, MAC APP STORE, APP STORE, AND IBOOKSTORE TERMS OF SALE
PAYMENTS, TAXES, AND REFUND POLICY
The iTunes Store, Mac App Store, App Store, and iBookstore services
(“Services”) accept these forms of payment: credit cards issued by U.S.
banks, payments through your PayPal account, iTunes Cards, iTunes Store
Gift Certificates, Content Codes, and Allowance Account balances. If a
credit card or your PayPal account is being used for a transaction,
Apple may obtain preapproval for an amount up to the amount of the
order. Billing occurs at the time of or shortly after your transaction.
If you are using 1-Click purchasing or your PayPal account, your order
may be authorized and billed in increments during one purchasing
session, so it may appear as multiple orders on your statement. If an
iTunes Card, iTunes Store Gift Certificate, or Allowance Account is used
for a transaction, the amount is deducted at the time of your
transaction. When making purchases, content credits are used first,
followed by Gift Certificate, iTunes Card, or Allowance Account credits;
your credit card or PayPal account is then charged for any remaining
balance.
You agree that you will pay for all products you purchase through the
Services, and that Apple may charge your credit card or PayPal account
for any products purchased and for any additional amounts (including any
taxes and late fees, as applicable) that may be accrued by or in
connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT
OF ALL FEES AND FOR PROVIDING APPLE WITH A VALID CREDIT CARD OR PAYPAL
ACCOUNT DETAILS FOR PAYMENT OF ALL FEES. All fees will be billed to the
credit card or PayPal account you designate during the registration
process. If you want to designate a different credit card or if there is
a change in your credit card or PayPal account status, you must change
your information online in the Account Information section of iTunes;
this may temporarily disrupt your access to the Services while Apple
verifies your new payment information.
Your total price will include the price of the product plus any
applicable sales tax; such sales tax is based on the bill-to address and
the sales tax rate in effect at the time you download the product. We
will charge tax only in states where digital goods are taxable.
All sales and rentals of products are final.
Prices for products offered via the Services may change at any time, and
the Services do not provide price protection or refunds in the event of
a price reduction or promotional offering.
If a product becomes unavailable following a transaction but prior to
download, your sole remedy is a refund. If technical problems prevent or
unreasonably delay delivery of your product, your exclusive and sole
remedy is either replacement or refund of the price paid, as determined
by Apple.
1-Click®
1-Click is a registered service mark of Amazon.com, Inc., used under
license. 1-Click is a convenient feature that allows you to make a
purchase from the Services with a single click of your mouse or other
input device. When accessing the Services on your computer, 1-Click
purchasing may be activated via the dialog that appears when you click a
Buy button. (You may reset this selection at any time by clicking Reset
Warnings in your Account information). When accessing the Services on
your Apple-branded products running iOS such as an iPad, iPod touch, or
iPhone (“iOS Device”), 1-Click is activated for each transaction by
tapping the button showing the price of the product, which reveals the
Buy button. When 1-Click is activated, clicking or tapping the Buy
button starts the download immediately and completes your transaction
without any further steps.
GIFT CERTIFICATES, ITUNES CARDS, ALLOWANCES, AND CONTENT CODES
Gift Certificates, iTunes Cards, and Allowances are issued and managed by Apple Value Services, LLC (“Issuer”).
Gift Certificates, iTunes Cards, Content Codes, and Allowances, in
addition to unused balances, are not redeemable for cash and cannot be
returned for a cash refund (except as required by law); exchanged;
resold; used to purchase Gifts, Gift Certificates, or iTunes Cards; used
to provide Allowances; used for purchases on the Apple Online Store; or
used in Apple Retail Stores. Unused balances are not transferable.
Gift Certificates, iTunes Cards, Content Codes, and Allowances purchased
in the United States may be redeemed through the Services only in the
United States, its territories, and possessions.
The Gift Certificate/iTunes Card cash value is 1/10 of one cent.
Neither Issuer nor Apple is responsible for lost or stolen Gift
Certificates, iTunes Cards, Content Codes, or Allowances. Risk of loss
and title for Gift Certificates, iTunes Cards, and Allowances
transmitted electronically pass to the purchaser in Virginia upon
electronic transmission to the recipient. Risk of loss and title for
Content Codes transmitted electronically pass in California upon
electronic transmission from Apple; for avoidance of doubt, such
recipient may not always be you.
Apple reserves the right to close accounts and request alternative forms
of payment if a Gift Certificate, iTunes Card, Content Code, or
Allowance is fraudulently obtained or used on the Service.
APPLE, ISSUER, AND THEIR LICENSEES, AFFILIATES, AND LICENSORS MAKE NO
WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CERTIFICATES,
ITUNES CARDS, CONTENT CODES, ALLOWANCES, OR THE ITUNES STORE, APP STORE,
MAC APP STORE, OR IBOOKSTORE, INCLUDING, WITHOUT LIMITATION, ANY
EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. IN THE EVENT THAT A GIFT CERTIFICATE, ITUNES CARD,
CONTENT CODE, OR ALLOWANCE IS NONFUNCTIONAL, YOUR SOLE REMEDY, AND OUR
SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CERTIFICATE,
ITUNES CARD, CONTENT CODE, OR ALLOWANCE. THESE LIMITATIONS MAY NOT APPLY
TO YOU. 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 MAY ALSO HAVE ADDITIONAL
RIGHTS.
GIFTS
Gifts purchased from the Services may be purchased only for, and
redeemed only by, persons in the United States, its territories, and
possessions. Gift recipients must have compatible hardware and parental
control settings to utilize some gifts.
PRE-ORDERS
By pre-ordering products, you are authorizing the Services to
automatically charge your account and download the product when it
becomes available. You may cancel your pre-order prior to the time the
item becomes available.
ELECTRONIC CONTRACTING
Your use of the Services includes the ability to enter into agreements
and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR
ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND
BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND
INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS
RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING
NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order
to access and retain your electronic records, you may be required to
have certain hardware and software, which are your sole responsibility.
Apple is not responsible for typographic errors.
B. ITUNES STORE TERMS AND CONDITIONS
THIS LEGAL AGREEMENT BETWEEN YOU AND APPLE INC. ("APPLE") GOVERNS YOUR USE OF THE ITUNES STORE SERVICE (THE “ITUNES SERVICE”).
THE ITUNES STORE SERVICE
Apple is the provider of the iTunes Service, which permits you to
purchase or rent digital content ("iTunes Products") for end user use
only under the terms and conditions set forth in this Agreement.
REQUIREMENTS FOR USE OF THE ITUNES SERVICE
This iTunes Service is available for individuals aged 13 years or older.
If you are 13 or older but under the age of 18, you should review this
Agreement with your parent or guardian to make sure that you and your
parent or guardian understand it.
The iTunes Service is available to you only in the United States, its
territories, and possessions. You agree not to use or attempt to use the
iTunes Service from outside these locations. Apple may use technologies
to verify your compliance.
Use of the iTunes Service requires compatible devices, Internet access,
and certain software (fees may apply); may require periodic updates; and
may be affected by the performance of these factors. High-speed
Internet access is strongly recommended for regular use and is required
for video. The latest version of required software is recommended to
access the iTunes Service and may be required for certain transactions
or features and to download iTunes Products previously purchased from
the iTunes Service. You agree that meeting these requirements, which may
change from time to time, is your responsibility. The iTunes Service is
not part of any other product or offering, and no purchase or obtaining
of any other product shall be construed to represent or guarantee you
access to the iTunes Service.
YOUR ACCOUNT
As a registered user of the iTunes Service, you may establish an account
("Account"). Don’t reveal your Account information to anyone else. You
are solely responsible for maintaining the confidentiality and security
of your Account and for all activities that occur on or through your
Account, and you agree to immediately notify Apple of any security
breach of your Account. Apple shall not be responsible for any losses
arising out of the unauthorized use of your Account.
In order to purchase and download iTunes Products from the iTunes
Service, you must enter your Apple ID and password to authenticate your
Account. Once you have authenticated your Account, you will not need to
authenticate again for fifteen minutes. During this time, you will be
able to purchase and download iTunes Products without re-entering your
password. You can turn off the ability to make iTunes Product purchases
by adjusting the settings on your computer or iOS Device. For more
information, please see http://support.apple.com/kb/HT1904 or http://support.apple.com/kb/HT4213.
You agree to provide accurate and complete information when you register
with, and as you use, the iTunes Service ("iTunes Registration Data"),
and you agree to update your iTunes Registration Data to keep it
accurate and complete. You agree that Apple may store and use the iTunes
Registration Data you provide for use in maintaining and billing fees
to your Account.
AUTOMATIC DELIVERY AND DOWNLOADING PREVIOUS PURCHASES
When you first acquire music iTunes Products and music video iTunes
Products (collectively, “iTunes Auto-Delivery Content”), you may elect
to automatically receive (“auto-download”) copies of such iTunes
Auto-Delivery Content on additional compatible iOS Devices and
iTunes-authorized computers with compatible software by associating such
iOS Devices and computers subject to the association rules below (each,
an “Associated Device”). For each Associated Device, you may specify
which type of iTunes Auto-Delivery Content, if any, may be
auto-downloaded to it. On an Associated Device that is capable of
receiving push notifications (“Push-Enabled”), including iOS Devices,
the iTunes Auto-Delivery Content will auto-download to that Associated
Device when it has an Internet connection; on an Associated Device that
is not Push-Enabled, including those running on the Windows operating
system, iTunes Auto-Delivery Content will automatically appear in the
download queue and you may manually initiate the download within iTunes.
As an accommodation to you, subsequent to acquiring iTunes Auto-Delivery
Content and TV show iTunes Products (each, “iTunes Eligible Content”),
you may download certain of such previously-purchased iTunes Eligible
Content onto any Associated Device. Some iTunes Eligible Content that
you previously purchased may not be available for subsequent download at
any given time, and Apple shall have no liability to you in such event.
As you may not be able to subsequently download certain
previously-purchased iTunes Eligible Content, once you download an item
of iTunes Eligible Content, it is your responsibility not to lose,
destroy, or damage it, and you may want to back it up.
Association of Associated Devices is subject to the following terms:
(i) You may auto-download iTunes Auto-Delivery Content or download
previously-purchased iTunes Eligible Content from an Account on up to 10
Associated Devices, provided no more than 5 are iTunes-authorized
computers.
(ii) An Associated Device can be associated with only one Account at any given time.
(iii) You may switch an Associated Device to a different Account only once every 90 days.
(iv) You may download previously-purchased free content onto an
unlimited number of devices while it is free on the iTunes Service, but
on no more than 5 iTunes-authorized computers.
An Apple TV is not an “Associated Device.” However, TV show iTunes
Products may be played back on compatible Apple TVs, provided that you
may only play back any such TV show on a limited number of Apple TVs at
the same time.
Some pieces of iTunes Eligible Content may be large, and significant
data charges may result from delivery of such iTunes Eligible Content
over a data connection.
ITUNES MATCH
iTunes Match permits you to remotely access your matched or uploaded
songs, and music videos you have purchased with your Account, along with
related metadata, playlists, and other information about your iTunes
Library (“iTunes Match Content”).
You may subscribe to iTunes Match for an annual fee. You must have a
valid credit card on file with iTunes to subscribe. The subscription is
non-refundable (except as required by applicable law), and will
automatically renew for one-year periods until you cancel. Your account
will be charged no more than 24 hours prior to the expiration of the
current subscription period. You may cancel automatic renewal by
adjusting the iTunes Store account settings on your computer. You will
no longer be able to access your iTunes Match Content from iTunes Match
after the end of your subscription period.
iTunes Match works with libraries that contain up to 25,000 songs which
are either (i) not currently available on the iTunes Service, or (ii)
not purchased from the iTunes Service with your Account. Songs with
quality less than 96 kbps or that are not authorized for your computer
are not eligible for iTunes Match.
iTunes Match will automatically scan the song files and collect other
information that may be used to identify media in your iTunes library,
such as the names of songs, song artists or song durations. iTunes Match
will use this information to match songs to those currently available
on the iTunes Store, and will make matched songs available to you in the
format then available on the iTunes Store. If the song is not
successfully matched, your copy of the song will be uploaded to Apple in
the same format or a format determined by Apple. Apple reserves the
right to limit types of content uploaded (for example, excessively large
files). Matched or uploaded songs and related metadata will be
available for access from an Associated Device that has been enabled for
iTunes Match. Association of Associated Devices for iTunes Match is
subject to the same terms as Automatic Delivery and Downloading Previous
Purchases, and uploaded or matched songs and related information are
deemed to be “iTunes Eligible Content.” You may also access iTunes
Match Content from compatible Apple TVs, provided that you may only do
so on a limited number of Apple TVs at the same time.
When you use iTunes Match, Genius will begin associating information
about the media in your iTunes library with your Account; the
association with your Account will continue for a period of time after
your subscription ends. Apple will otherwise use this information as
described in the Privacy Section of this Agreement. You will not be able
to disable Genius while using iTunes Match, so if you prefer that we do
not collect and use information from your iTunes library in this
manner, you should not use iTunes Match.
You hereby agree to use iTunes Match only for lawfully acquired content.
Any use for illegitimate content infringes the rights of others and
may subject you to civil and criminal penalties, including possible
monetary damages, for copyright infringement.
iTunes Match is provided on an “AS IS” basis and may contain errors or
inaccuracies that could cause failures, corruption or loss of data
and/or information, including music, playlist, and play history, from
your computer or device and from peripherals (including, without
limitation, servers and other computers) connected thereto. You should
back up all data and information on your computer or device and any
peripherals prior to using iTunes Match. You expressly acknowledge and
agree that all use of iTunes Match is at your sole risk. To the extent
permitted by law, Apple shall have no liability with respect to your use
of iTunes Match, including the inability to access matched or uploaded
content.
PRIVACY
The iTunes Service is subject to Apple's Privacy Policy at http://www.apple.com/privacy/.
When you opt in to the Genius feature, Apple will, from time to time,
automatically collect information that can be used to identify media in
your iTunes library on this computer, such as your play history and
playlists. This includes media purchased through iTunes and media
obtained from other sources. This information will be stored anonymously
and will not be associated with your name or Account. When you use the
Genius feature, Apple will use this information and the contents of your
iTunes library, as well as other information, to give personalized
recommendations to you.
Apple may only use this information and combine it with aggregated
information from the iTunes libraries of other users who also opt in to
this feature, your iTunes Store purchase history data, aggregated
purchase history data from other iTunes Store users, and other
information obtained from third parties, to:
• Create personalized playlists for you from your iTunes library.
• Provide you with recommendations regarding media and other products and services that you may wish to purchase.
• Provide recommendations regarding products and services to other users.
At all times your information will be treated in accordance with Apple’s Privacy Policy.
Once you opt in to the Genius feature in iTunes, you will be able to
create Genius playlists on Genius-capable devices. To enable the Genius
feature on a device, you must sync it with your iTunes library after you
have opted in.
If you prefer that we do not collect and use information from your
iTunes library in this manner, you should not enable the Genius feature.
You can revoke your opt-in choice at any time by turning off the Genius
feature from the Store menu in iTunes on your computer. After you opt
out, iTunes will no longer send information about your iTunes library to
Apple. If you have elected to share your library from multiple
computers, you need to turn off the Genius feature from each computer.
The Genius feature cannot be enabled or disabled from your device.
By opting in to the Genius feature, you consent to the use of your
information as described above and as described in Apple’s Privacy
Policy.
CONTENT AVAILABILITY
Apple reserves the right to change content options (including eligibility for particular features) without notice.
USE OF PURCHASED OR RENTED CONTENT
You agree that the iTunes Service and certain iTunes Products include
security technology that limits your use of iTunes Products and that,
whether or not iTunes Products are limited by security technology, you
shall use iTunes Products in compliance with the applicable usage rules
established by Apple and its licensors (“Usage Rules”), and that any
other use of the iTunes Products may constitute a copyright
infringement. Any security technology is an inseparable part of the
iTunes Products. Apple reserves the right to modify the Usage Rules at
any time. You agree not to violate, circumvent, reverse-engineer,
decompile, disassemble, or otherwise tamper with any of the security
technology related to such Usage Rules for any reason—or to attempt or
assist another person to do so. Usage Rules may be controlled and
monitored by Apple for compliance purposes, and Apple reserves the right
to enforce the Usage Rules without notice to you. You agree not to
access the iTunes Service by any means other than through software that
is provided by Apple for accessing the iTunes Service. You shall not
access or attempt to access an Account that you are not authorized to
access. You agree not to modify the software in any manner or form, or
to use modified versions of the software, for any purposes including
obtaining unauthorized access to the iTunes Service. Violations of
system or network security may result in civil or criminal liability.
USAGE RULES
(i) You shall be authorized to use iTunes Products only for personal, noncommercial use.
(ii) You shall be authorized to use iTunes Products on five
iTunes-authorized devices at any time, except for Content Rentals (see
below).
(iii) You shall be able to store iTunes Products from up to five
different Accounts at a time on compatible devices, provided that each
iPhone may sync tone iTunes Products with only a single
iTunes-authorized device at a time, and syncing an iPhone with a
different iTunes-authorized device will cause tone iTunes Products
stored on that iPhone to be erased.
(iv) You shall be authorized to burn an audio playlist up to seven times.
(v) You shall not be entitled to burn video iTunes Products or tone iTunes Products.
(vi) iTunes Plus Products do not contain security technology that limits
your usage of such products, and Usage Rules (ii) – (v) do not apply to
iTunes Plus Products. You may copy, store, and burn iTunes Plus
Products as reasonably necessary for personal, noncommercial use.
(vii) You shall be able to manually sync a movie from at least one
iTunes-authorized device to devices that have manual sync mode, provided
that the movie is associated with an Account on the primary
iTunes-authorized device, where the primary iTunes-authorized device is
the one that was first synced with the device or the one that you
subsequently designate as primary using iTunes.
(viii) An HDCP connection is required to view content transmitted over HDMI.
(ix) Content Rentals
(a) Content rentals are viewable on only one device at a time. You must
be connected to the iTunes Service when moving rentals, and you may do
so only between your computer and other compatible devices. Content
rented using your Apple TV, iPad, iPhone 4, or iPod touch (4th
generation) may not be moved. If you move a rental to a compatible
device and then use the iTunes Service to restore that device, or choose
Settings > Reset > Erase all content and settings on that device,
the rental will be permanently deleted.
(b) You have thirty (30) days after downloading a rental to begin
viewing. Once you begin viewing, you have twenty-four (24) hours to
finish viewing a movie. Stopping, pausing, or restarting a rental does
not extend the available time for viewing.
Some iTunes Products, including but not limited to Content rentals, may
be downloaded only once and cannot be replaced if lost for any reason.
It is your responsibility not to lose, destroy, or damage iTunes
Products once downloaded, and you may wish to back them up.
The delivery of iTunes Products does not transfer to you any commercial
or promotional use rights in the iTunes Products. Any burning or
exporting capabilities are solely an accommodation to you and shall not
constitute a grant, waiver, or other limitation of any rights of the
copyright owners in any content embodied in any iTunes Product.
You acknowledge that, because some aspects of the iTunes Service, iTunes
Products, and administration of the Usage Rules entails the ongoing
involvement of Apple, if Apple changes any part of or discontinues the
iTunes Service, which Apple may do at its election, you may not be able
to use iTunes Products to the same extent as prior to such change or
discontinuation, and that Apple shall have no liability to you in such
case.
PING
If you opt in to Ping, you can share information with people who have
also opted in to Ping, such as your name, your image, and your
interests. The name and image provided will also be associated with all
reviews posted about an iTunes Product via your Account, including posts
prior to opting in. People whom you have permitted to follow you will
be able to see your activity on iTunes, such as events you are
attending, music that you have indicated that you like, and purchases
made with your Account. Your activity on another user's profile, such as
comments you make about their activity, is subject to that user's
privacy settings and can be viewed by all of that user's followers. You
are solely responsible for the information that is associated with your
Account that is made available on Ping. Apple may also use information
provided, as well as information iTunes sends to Apple about the content
you select in your iTunes library in order to provide you with Ping
personal recommendations, such as suggesting other users you may want to
follow, concerts and related information, or other iTunes Products you
may want to purchase. By opting in to Ping, you consent to the use of
such information in the manner described above. At all times your
information will be treated in accordance with Apple's Privacy Policy.
You should not opt in to Ping, or should opt out of Ping in your Account
settings if you don't want others to view any information provided
using your Account, including activity on iTunes. When you opt out, your
information will be removed from view, and then deleted after seven
days. If you opt out of Ping, or hide the Ping Sidebar, iTunes will no
longer send information associated with the content you select in your
iTunes library for Ping. You will be able to remove items from your
Recent Activity if you do not want them to be visible to other users.
Please take extra care when using these features.
COMPLETE MY ALBUM ("CMA")
In some circumstances, you will have no more than 180 days from the time
you acquire your first CMA-eligible song or video from a particular
CMA-eligible album to accept that CMA offer, and upgrading previous
purchases to iTunes Plus does not affect any such time limits.
SEASON PASS, MULTI-PASS, ITUNES PASS
The full price of the Season Pass, Multi-Pass, or iTunes Pass is charged
upon purchase. You must connect to the iTunes Service and download any
remaining Pass content within 90 days after the final Pass content
becomes available (or such other time period as may be specified on the
purchase page), after which that content may no longer be available for
download as part of the purchase. If automatic renewal is selected when
you purchase a Multi-Pass, you will be charged the full price of each
subsequent Multi-Pass cycle, unless and until you cancel automatic
renewal prior to the beginning of the subsequent Multi-Pass cycle (in
the Manage Passes section of your Account information). If a network or
studio delivers fewer TV episodes than planned when you purchased a
Season Pass, we will credit to your Account the retail value of the
corresponding number of episodes.
HIGH-DEFINITION (HD) ITUNES PRODUCTS
HD iTunes Products are viewable only on HD capable devices; however, HD
iTunes Products purchased (not rented) include a standard-definition
version for use on non-HD devices.
SUBMISSIONS TO THE ITUNES SERVICE
The iTunes Service may offer interactive features that allow you to
submit materials (including links to third-party content) on areas of
the iTunes Service accessible and viewable by the public. You agree that
any use by you of such features, including any materials submitted by
you, shall be your sole responsibility, shall not infringe or violate
the rights of any other party or violate any laws, contribute to or
encourage infringing or otherwise unlawful conduct, or otherwise be
obscene, objectionable, or in poor taste. You also agree that you have
obtained all necessary rights and licenses. You agree to provide
accurate and complete information in connection with your submission of
any materials on the iTunes Service. You hereby grant Apple a worldwide,
royalty-free, nonexclusive license to use such materials as part of the
iTunes Service, and in relation to iTunes Products, without any
compensation or obligation to you. Apple reserves the right to not post
or publish any materials, and to remove or edit any material, at any
time in its sole discretion without notice or liability.
Apple has the right, but not the obligation, to monitor any materials
submitted by you or otherwise available on the iTunes Service, to
investigate any reported or apparent violation of this Agreement, and to
take any action that Apple in its sole discretion deems appropriate,
including, without limitation, termination hereunder or under Apple’s
Copyright Policy (http://www.apple.com/legal/copyright.html).
THIRD-PARTY MATERIALS
Certain content, iTunes Products, and services available via the iTunes
Service may include materials from third parties. Apple may provide
links to third-party websites as a convenience to you. You agree that
Apple is not responsible for examining or evaluating the content or
accuracy and Apple does not warrant and will not have any liability or
responsibility for any third-party materials or websites, or for any
other materials, products, or services of third parties. You agree that
you will not use any third-party materials in a manner that would
infringe or violate the rights of any other party and that Apple is not
in any way responsible for any such use by you.
OBJECTIONABLE MATERIAL
You understand that by using the iTunes Service, you may encounter
material that you may deem to be offensive, indecent, or objectionable,
and that such content may or may not be identified as having explicit
material. Nevertheless, you agree to use the iTunes Service at your sole
risk and Apple shall have no liability to you for material that may be
found to be offensive, indecent, or objectionable. iTunes Product types
and descriptions are provided for convenience, and you agree that Apple
does not guarantee their accuracy.
IMPORTANT SAFETY INFORMATION
To avoid muscle, joint, or eye strain during your use of the products
offered through the iTunes Service, you should always take frequent
breaks, and take a longer rest if you experience any soreness, fatigue,
or discomfort. A very small percentage of people may experience seizures
or blackouts when exposed to flashing lights or patterns, including but
not limited to while playing video games or watching videos. Symptoms
may include dizziness, nausea, involuntary movements, loss of awareness,
altered vision, tingling, numbness, or other discomforts. Consult a
doctor before using the products offered through the iTunes Service if
you have ever suffered these or similar symptoms, and stop using such
products immediately and see a doctor if they occur during your use of
such products. Parents should monitor their children’s use of the
products offered through the iTunes Service for signs of symptoms.
INTELLECTUAL PROPERTY
You agree that the iTunes Service, including but not limited to iTunes
Products, graphics, user interface, audio clips, video clips, editorial
content, and the scripts and software used to implement the iTunes
Service, contains proprietary information and material that is owned by
Apple and/or its licensors, and is protected by applicable intellectual
property and other laws, including but not limited to copyright. You
agree that you will not use such proprietary information or materials in
any way whatsoever except for use of the iTunes Service in compliance
with this Agreement. No portion of the iTunes Service may be reproduced
in any form or by any means, except as expressly permitted in these
terms. You agree not to modify, rent, lease, loan, sell, distribute, or
create derivative works based on the iTunes Service in any manner, and
you shall not exploit the iTunes Service in any unauthorized way
whatsoever, including, but not limited to, by trespass or burdening
network capacity.
Notwithstanding any other provision of this Agreement, Apple and its
licensors reserve the right to change, suspend, remove, or disable
access to any iTunes Products, content, or other materials comprising a
part of the iTunes Service at any time without notice. In no event will
Apple be liable for making these changes. Apple may also impose limits
on the use of or access to certain features or portions of the iTunes
Service, in any case and without notice or liability.
All copyrights in and to the iTunes Service (including the compilation
of content, postings, links to other Internet resources, and
descriptions of those resources) and related software are owned by Apple
and/or its licensors, who reserve all their rights in law and equity.
THE USE OF THE SOFTWARE OR ANY PART OF THE ITUNES SERVICE, EXCEPT FOR
USE OF THE ITUNES SERVICE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY
PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS
AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE
MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
Apple, the Apple logo, iTunes, and other Apple trademarks, service
marks, graphics, and logos used in connection with the iTunes Service
are trademarks or registered trademarks of Apple Inc. in the U.S. and/or
other countries. Other trademarks, service marks, graphics, and logos
used in connection with the iTunes Service may be the trademarks of
their respective owners. You are granted no right or license with
respect to any of the aforesaid trademarks and any use of such
trademarks.
As an Account holder of the iTunes Service in good standing, you may be
provided with limited access to download certain album cover art for
music stored in the iTunes Library of your iTunes application. Such
access is provided as an accommodation only, and Apple does not warrant,
and will not have any liability or responsibility for, such album cover
art or your use thereof. You may access album cover art only for music
for which you are the lawful owner of a legal copy. Album cover art is
provided for personal, noncommercial use only. You agree that you will
not use album cover art in any manner that would infringe or violate
this Agreement or the rights of any other party, and that Apple is not
in any way responsible for any such use by you.
TERMINATION
If you fail, or Apple suspects that you have failed, to comply with any
of the provisions of this Agreement, Apple, at its sole discretion,
without notice to you may: (i) terminate this Agreement and/or your
Account, and you will remain liable for all amounts due under your
Account up to and including the date of termination; and/or (ii)
terminate the license to the software; and/or (iii) preclude access to
the iTunes Service (or any part thereof).
Apple reserves the right to modify, suspend, or discontinue the iTunes
Service (or any part or content thereof) at any time with or without
notice to you, and Apple will not be liable to you or to any third party
should it exercise such rights.
DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION
APPLE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE
ITUNES SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT
FROM TIME TO TIME APPLE MAY REMOVE THE ITUNES SERVICE FOR INDEFINITE
PERIODS OF TIME, OR CANCEL THE ITUNES SERVICE AT ANY TIME, WITHOUT
NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE ITUNES
SERVICE IS AT YOUR SOLE RISK. THE ITUNES SERVICE AND ALL PRODUCTS AND
SERVICES DELIVERED TO YOU THROUGH THE ITUNES SERVICE ARE (EXCEPT AS
EXPRESSLY STATED BY APPLE) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR
USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE
ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
IN NO CASE SHALL APPLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES,
AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM
YOUR USE OF ANY OF THE ITUNES SERVICE OR FOR ANY OTHER CLAIM RELATED IN
ANY WAY TO YOUR USE OF THE ITUNES SERVICE, INCLUDING, BUT NOT LIMITED
TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY
KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT)
POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ITUNES SERVICE,
EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR
JURISDICTIONS, APPLE'S LIABILITY SHALL BE LIMITED TO THE EXTENT
PERMITTED BY LAW.
APPLE SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY
YOU IN CONNECTION WITH THE ITUNES SERVICE, BUT YOU AGREE THAT YOUR
SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND APPLE HEREBY
DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY
RELATING TO SUCH INFORMATION IN ANY WAY.
APPLE DOES NOT REPRESENT OR GUARANTEE THAT THE ITUNES SERVICE WILL BE
FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR
OTHER SECURITY INTRUSION, AND APPLE DISCLAIMS ANY LIABILITY RELATING
THERETO. SOME PRODUCTS CAN BE DOWNLOADED ONLY ONCE; AFTER BEING
DOWNLOADED, THEY CANNOT BE REPLACED IF LOST FOR ANY REASON. YOU SHALL BE
RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY ITUNES
PRODUCTS PURCHASED OR RENTED FROM THE ITUNES STORE.
WAIVER AND INDEMNITY
BY USING THE ITUNES SERVICE, YOU AGREE, TO THE EXTENT PERMITTED BY LAW,
TO INDEMNIFY AND HOLD APPLE, ITS DIRECTORS, OFFICERS, EMPLOYEES,
AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO
ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE
ITUNES SERVICE, OR ANY ACTION TAKEN BY APPLE AS PART OF ITS
INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT
OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS
OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM
APPLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS,
CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR
REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR
TERMINATE YOUR ACCESS TO THE ITUNES SERVICE, OR TO TAKE ANY OTHER
ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT
OF APPLE'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED.
THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED
IN OR CONTEMPLATED BY THIS AGREEMENT.
CHANGES
Apple reserves the right at any time to modify this Agreement and to
impose new or additional terms or conditions on your use of the iTunes
Service. Such modifications and additional terms and conditions will be
effective immediately and incorporated into this Agreement. Your
continued use of the iTunes Service will be deemed acceptance thereof.
MISCELLANEOUS
This Agreement constitutes the entire agreement between you and Apple
and governs your use of the iTunes Service, superseding any prior
agreements between you and Apple. You also may be subject to additional
terms and conditions that may apply when you use affiliate services,
third-party content, or third-party software. If any part of this
Agreement is held invalid or unenforceable, that portion shall be
construed in a manner consistent with applicable law to reflect, as
nearly as possible, the original intentions of the parties, and the
remaining portions shall remain in full force and effect. Apple's
failure to enforce any right or provisions in this Agreement will not
constitute a waiver of such or any other provision. Apple will not be
responsible for failures to fulfill any obligations due to causes beyond
its control.
The iTunes Service is operated by Apple from its offices in the United
States. You agree to comply with all local, state, federal, and national
laws, statutes, ordinances, and regulations that apply to your use of
the iTunes Service. All transactions on the iTunes Service are governed
by California law, without giving effect to its conflict of law
provisions. Your use of the iTunes Service may also be subject to other
laws. You expressly agree that exclusive jurisdiction for any claim or
dispute with Apple or relating in any way to your use of the iTunes
Service resides in the courts in the State of California. Risk of loss
and title for all electronically delivered transactions pass to the
purchaser in California upon electronic transmission to the recipient.
No Apple employee or agent has the authority to vary this Agreement.
Apple may notify you with respect to the iTunes Service by sending an
email message to your Account email address or a letter via postal mail
to your Account mailing address, or by a posting on the iTunes Service.
Notices shall become effective immediately.
Apple reserves the right to take steps Apple believes are reasonably
necessary or appropriate to enforce and/or verify compliance with any
part of this Agreement. You agree that Apple has the right, without
liability to you, to disclose any Registration Data and/or Account
information to law enforcement authorities, government officials, and/or
a third party, as Apple believes is reasonably necessary or appropriate
to enforce and/or verify compliance with any part of this Agreement
(including but not limited to Apple's right to cooperate with any legal
process relating to your use of the iTunes Service and/or iTunes
Products, and/or a third-party claim that your use of the iTunes Service
and/or iTunes Products is unlawful and/or infringes such third party's
rights).
C. MAC APP STORE, APP STORE AND IBOOKSTORE TERMS AND CONDITIONS
THIS LEGAL AGREEMENT BETWEEN YOU AND APPLE INC. ("APPLE") GOVERNS YOUR
USE OF THE MAC APP STORE, APP STORE AND IBOOKSTORE SERVICES (THE “APP
AND BOOK SERVICES”).
THE MAC APP STORE, APP STORE AND IBOOKSTORE SERVICES
Apple is the provider of the App and Book Services that permit you to
license software products and digital content (the “App and Book
Products”) for end user use only under the terms and conditions set
forth in this Agreement. For App Store Products (defined below), end
users may be individuals acting in their own capacities, commercial
enterprises or educational institutions.
REQUIREMENTS FOR USE OF THE APP AND BOOK SERVICES
These App and Book Services are available for individuals aged 13 years
or older. If you are 13 or older but under the age of 18, you should
review this Agreement with your parent or guardian to make sure that you
and your parent or guardian understand it.
The App and Book Services are available to you only in the United
States, its territories, and possessions. You agree not to use or
attempt to use the App and Book Services from outside these locations.
Apple may use technologies to verify your compliance.
Use of the App and Book Services requires compatible devices, Internet
access, and certain software (fees may apply); may require periodic
updates; and may be affected by the performance of these factors.
High-speed Internet access is strongly recommended. The latest version
of required software (including, but not limited to iTunes and/or Mac
App Store software) is recommended to access the App and Book Services
and may be required for certain transactions or features and to download
App and Book Products previously purchased from the App and Book
Services. You agree that meeting these requirements, which may change
from time to time, is your responsibility. The App and Book Services are
not part of any other product or offering, and no purchase or obtaining
of any other product shall be construed to represent or guarantee you
access to the App and Book Services.
YOUR ACCOUNT
As a registered user of the App and Book Services, you may establish an
account ("Account"). Don’t reveal your Account information to anyone
else. You are solely responsible for maintaining the confidentiality and
security of your Account, and for all activities that occur on or
through your Account, and you agree to immediately notify Apple of any
security breach of your Account. Apple shall not be responsible for any
losses arising out of the unauthorized use of your Account.
In order to purchase and download App and Book Products from the App and
Book Services, you must enter your Apple ID and password to
authenticate your Account. Once you have authenticated your Account, you
will not need to authenticate again for fifteen minutes. During this
time, you will be able to purchase and download App and Book Products
without re-entering your password. You can turn off the ability to make
App and Book Product purchases by adjusting the settings on your
computer or iOS Device. For more information, please see http://support.apple.com/kb/HT1904 or http://support.apple.com/kb/HT4213.
You agree to provide accurate and complete information when you register
with, and as you use, the App and Book Services ("App and Book
Registration Data"), and you agree to update your App and Book
Registration Data to keep it accurate and complete. You agree that Apple
may store and use the App and Book Registration Data you provide for
use in maintaining and billing fees to your Account.
AUTOMATIC DELIVERY AND DOWNLOADING PREVIOUS PURCHASES
When you first acquire App Store Products, as defined below, (excluding
products acquired from the Mac App Store) or iBookstore Products, as
defined below, through the App and Book Services (collectively,
“Eligible Content”), you may elect to automatically receive
(“auto-download”) copies of such Eligible Content on additional
compatible iOS Devices and iTunes-authorized computers with compatible
software by associating such iOS Devices and computers subject to the
association rules below (each, an “Associated Device”). For each
Associated Device, you may specify which type of Eligible Content, if
any, may be auto-downloaded to it. On an Associated Device that is
capable of receiving push notifications (“Push-Enabled”), including iOS
Devices, the Eligible Content will auto-download to that Associated
Device when it has an Internet connection; on an Associated Device that
is not Push-Enabled, including those running on the Windows operating
system, Eligible Content will automatically appear in the download queue
and you may manually initiate the download within iTunes.
As an accommodation to you, subsequent to acquiring Eligible Content,
you may download certain of such previously-purchased Eligible Content
onto any Associated Device. Some Eligible Content that you previously
purchased may not be available for subsequent download at any given
time, and Apple shall have no liability to you in such event. As you may
not be able to subsequently download certain previously-purchased
Eligible Content, once you download an item of Eligible Content, it is
your responsibility not to lose, destroy, or damage it, and you may want
to back it up.
Association of Associated Devices is subject to the following terms:
(i) You may auto-download Eligible Content or download
previously-purchased Eligible Content from an Account on up to 10
Associated Devices, provided no more than 5 are iTunes-authorized
computers.
(ii) An Associated Device can be associated with only one Account at any given time.
(iii) You may switch an Associated Device to a different Account only once every 90 days.
(iv) You may download previously-purchased free content onto an
unlimited number of devices while it is free on the App and Book
Services, but on no more than 5 iTunes-authorized computers.
The above terms (i) to (iv) do not apply to App Store Products.
Some pieces of Eligible Content may be large, and significant data
charges may result from delivery of such Eligible Content over a data
connection.
PRIVACY
The App and Book Services are subject to Apple's Privacy Policy at http://www.apple.com/privacy/.
USE OF APP AND BOOK PRODUCTS AND THE APP AND BOOK SERVICES
You agree that the App and Book Services and certain App and Book
Products include security technology that limits your use of App and
Book Products and that, whether or not App and Book Products are limited
by security technology, you shall use App and Book Products in
compliance with the applicable usage rules established by Apple and its
principals (“Usage Rules”), and that any other use of the App and Book
Products may constitute a copyright infringement. Any security
technology is an inseparable part of the App and Book Products. Apple
reserves the right to modify the Usage Rules at any time. You agree not
to violate, circumvent, reverse-engineer, decompile, disassemble, or
otherwise tamper with any of the security technology related to such
Usage Rules for any reason—or to attempt or assist another person to do
so. Usage Rules may be controlled and monitored by Apple for compliance
purposes, and Apple reserves the right to enforce the Usage Rules
without notice to you. You agree not to access the App and Book Services
by any means other than through software that is provided by Apple for
accessing the App and Book Services. You shall not access or attempt to
access an Account that you are not authorized to access. You agree not
to modify the software in any manner or form, or to use modified
versions of the software, for any purposes including obtaining
unauthorized access to the App and Book Services. Violations of system
or network security may result in civil or criminal liability.
The delivery of App and Book Products does not transfer to you any promotional use rights in the App and Book Products.
You acknowledge that, because some aspects of the App and Book Services,
App and Book Products, and administration of the Usage Rules entails
the ongoing involvement of Apple, if Apple changes any part of or
discontinues the App and Book Services, which Apple may do at its
election, you may not be able to use App and Book Products to the same
extent as prior to such change or discontinuation, and that Apple shall
have no liability to you in such case.
SUBMISSIONS TO THE APP AND BOOK SERVICES
The App and Book Services may offer interactive features that allow you
to submit materials (including links to third-party content) on areas of
the App and Book Services accessible and viewable by other users of the
App and Book Services and the public. You agree that any use by you of
such features, including any materials submitted by you, shall be your
sole responsibility, shall not infringe or violate the rights of any
other party or violate any laws, contribute to or encourage infringing
or otherwise unlawful conduct, or otherwise be obscene, objectionable,
or in poor taste. You also agree that you have obtained all necessary
rights and licenses. You agree to provide accurate and complete
information in connection with your submission of any materials on the
App and Book Services. You hereby grant Apple a worldwide, royalty-free,
nonexclusive license to use such materials as part of the App and Book
Services, and in relation to App and Book Products, without any
compensation or obligation to you. Apple reserves the right to not post
or publish any materials, and to remove or edit any material, at any
time in its sole discretion without notice or liability. You may not
submit reviews or ratings for App Store Products downloaded using a
promotional Content Code.
Apple has the right, but not the obligation, to monitor any materials
submitted by you or otherwise available on the App and Book Services, to
investigate any reported or apparent violation of this Agreement, and
to take any action that Apple in its sole discretion deems appropriate,
including, without limitation, termination hereunder or under Apple’s
Copyright Policy (http://www.apple.com/legal/copyright.html).
THIRD-PARTY MATERIALS
Certain content, App and Book Products, and services available via the
App and Book Services may include materials from third parties. Apple
may provide links to third-party websites as a convenience to you. You
agree that Apple is not responsible for examining or evaluating the
content or accuracy and Apple does not warrant and will not have any
liability or responsibility for any third-party materials or websites,
or for any other materials, products, or services of third parties. You
agree that you will not use any third-party materials in a manner that
would infringe or violate the rights of any other party and that Apple
is not in any way responsible for any such use by you.
OBJECTIONABLE MATERIAL
You understand that by using the App and Book Services, you may
encounter material that you may deem to be offensive, indecent, or
objectionable, and that such content may or may not be identified as
having explicit material. Nevertheless, you agree to use the App and
Book Services at your sole risk and Apple shall have no liability to you
for material that may be found to be offensive, indecent, or
objectionable. App and Book Product types and descriptions are provided
for convenience, and you agree that Apple does not guarantee their
accuracy.
INTELLECTUAL PROPERTY
You agree that the App and Book Services, including but not limited to
App and Book Products, graphics, user interface, audio clips, editorial
content, and the scripts and software used to implement the App and Book
Services, contain proprietary information and material that is owned by
Apple and/or its principals, and is protected by applicable
intellectual property and other laws, including but not limited to
copyright. You agree that you will not use such proprietary information
or materials in any way whatsoever except for use of the App and Book
Services in compliance with this Agreement. No portion of the App and
Book Services may be reproduced in any form or by any means, except as
expressly permitted in these terms. You agree not to modify, rent,
lease, loan, sell, distribute, or create derivative works based on the
App and Book Services in any manner, and you shall not exploit the App
and Book Services in any unauthorized way whatsoever, including, but not
limited to, by trespass or burdening network capacity.
Notwithstanding any other provision of this Agreement, Apple and its
principals reserve the right to change, suspend, remove, or disable
access to any App and Book Products, content, or other materials
comprising a part of the App and Book Services at any time without
notice. In no event will Apple be liable for making these changes. Apple
may also impose limits on the use of or access to certain features or
portions of the App and Book Services, in any case and without notice or
liability.
All copyrights in and to the App and Book Services (including the
compilation of content, postings, links to other Internet resources, and
descriptions of those resources) and related software are owned by
Apple and/or its principals, who reserve all their rights in law and
equity. THE USE OF THE SOFTWARE OR ANY PART OF THE APP AND BOOK
SERVICES, EXCEPT FOR USE OF THE APP AND BOOK SERVICES AS PERMITTED IN
THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL
PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL
PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT
INFRINGEMENT.
Apple, the Apple logo, iTunes, App Store, and other Apple trademarks,
service marks, graphics, and logos used in connection with the App and
Book Services are trademarks or registered trademarks of Apple Inc. in
the U.S. and/or other countries. Other trademarks, service marks,
graphics, and logos used in connection with the App and Book Services
may be the trademarks of their respective owners. You are granted no
right or license with respect to any of the aforesaid trademarks and any
use of such trademarks.
TERMINATION
If you fail, or Apple suspects that you have failed, to comply with any
of the provisions of this Agreement, Apple, at its sole discretion,
without notice to you may: (i) terminate this Agreement and/or your
Account, and you will remain liable for all amounts due under your
Account up to and including the date of termination; and/or (ii)
terminate the license to the software; and/or (iii) preclude access to
the App and Book Services (or any part thereof).
Apple reserves the right to modify, suspend, or discontinue the App and
Book Services (or any part or content thereof) at any time with or
without notice to you, and Apple will not be liable to you or to any
third party should it exercise such rights.
DISCLAIMER OF WARRANTIES; LIABILITY LIMITATIONS
APPLE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE APP
AND BOOK SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE
THAT FROM TIME TO TIME APPLE MAY REMOVE THE APP AND BOOK SERVICES FOR
INDEFINITE PERIODS OF TIME, OR CANCEL THE APP AND BOOK SERVICES AT ANY
TIME, WITHOUT NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE APP AND
BOOK SERVICES IS AT YOUR SOLE RISK. THE APP AND BOOK SERVICES AND ALL
PRODUCTS AND APP AND BOOK SERVICES DELIVERED TO YOU THROUGH THE APP AND
BOOK SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY APPLE) PROVIDED "AS IS"
AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT
APPLY TO YOU.
IN NO CASE SHALL APPLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES,
AGENTS, CONTRACTORS, PRINCIPALS, OR LICENSORS BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES
ARISING FROM YOUR USE OF ANY OF THE APP AND BOOK SERVICES OR FOR ANY
OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE APP AND BOOK SERVICES,
INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT,
OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY
CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE
VIA THE APP AND BOOK SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH
STATES OR JURISDICTIONS, APPLE'S LIABILITY SHALL BE LIMITED TO THE
EXTENT PERMITTED BY LAW.
APPLE SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY
YOU IN CONNECTION WITH THE APP AND BOOK SERVICES, BUT YOU AGREE THAT
YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND APPLE
HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY
RELATING TO SUCH INFORMATION IN ANY WAY.
APPLE DOES NOT REPRESENT OR GUARANTEE THAT THE APP AND BOOK SERVICES
WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE,
HACKING, OR OTHER SECURITY INTRUSION, AND APPLE DISCLAIMS ANY LIABILITY
RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN
SYSTEM, INCLUDING ANY APP AND BOOK PRODUCTS PURCHASED FROM THE APP AND
BOOK SERVICES.
WAIVER AND INDEMNITY
BY USING THE APP AND BOOK SERVICES, YOU AGREE, TO THE EXTENT PERMITTED
BY LAW, TO INDEMNIFY AND HOLD APPLE, ITS DIRECTORS, OFFICERS, EMPLOYEES,
AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, AND LICENSORS HARMLESS
WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT,
YOUR USE OF THE APP AND BOOK SERVICES, OR ANY ACTION TAKEN BY APPLE AS
PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR
AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS
AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY
DAMAGES FROM APPLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES,
AGENTS, CONTRACTORS, PRINCIPALS, AND LICENSORS AS A RESULT OF ITS
DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO
WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE APP AND BOOK
SERVICES, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A
SUSPECTED VIOLATION OR AS A RESULT OF APPLE'S CONCLUSION THAT A
VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY
PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS
AGREEMENT.
CHANGES
Apple reserves the right at any time to modify this Agreement and to
impose new or additional terms or conditions on your use of the App and
Book Services. Such modifications and additional terms and conditions
will be effective immediately and incorporated into this Agreement. Your
continued use of the App and Book Services will be deemed acceptance
thereof.
MISCELLANEOUS
This Agreement constitutes the entire agreement between you and Apple
and governs your use of the App and Book Services, superseding any prior
agreements between you and Apple. You also may be subject to additional
terms and conditions that may apply when you use affiliate services,
certain App and Book Products, third-party content, or third-party
software. If any part of this Agreement is held invalid or
unenforceable, that portion shall be construed in a manner consistent
with applicable law to reflect, as nearly as possible, the original
intentions of the parties, and the remaining portions shall remain in
full force and effect. Apple's failure to enforce any right or
provisions in this Agreement will not constitute a waiver of such or any
other provision. Apple will not be responsible for failures to fulfill
any obligations due to causes beyond its control.
The App and Book Services are operated by Apple from its offices in the
United States. You agree to comply with all local, state, federal, and
national laws, statutes, ordinances, and regulations that apply to your
use of the App and Book Services. All transactions on the App and Book
Services are governed by California law, without giving effect to its
conflict of law provisions. Your use of the App and Book Services may
also be subject to other laws. You expressly agree that exclusive
jurisdiction for any claim or dispute with Apple or relating in any way
to your use of the App And Book Services resides in the courts in the
State of California. Risk of loss and title for all electronically
delivered transactions pass to the purchaser in California upon
electronic transmission to the recipient. No Apple employee or agent has
the authority to vary this Agreement.
Apple may notify you with respect to the App and Book Services by
sending an email message to your Account email address or a letter via
postal mail to your Account mailing address, or by posting on the App
and Book Services. Notices shall become effective immediately.
Apple reserves the right to take steps Apple believes are reasonably
necessary or appropriate to enforce and/or verify compliance with any
part of this Agreement. You agree that Apple has the right, without
liability to you, to disclose any Registration Data and/or Account
information to law enforcement authorities, government officials, and/or
a third party, as Apple believes is reasonably necessary or appropriate
to enforce and/or verify compliance with any part of this Agreement
(including but not limited to Apple's right to cooperate with any legal
process relating to your use of the App and Book Services and/or App and
Book Products, and/or a third-party claim that your use of the App and
Book Services and/or App and Book Products is unlawful and/or infringes
such third party's rights).
ADDITIONAL MAC APP STORE AND APP STORE TERMS AND CONDITIONS
LICENSE OF MAC APP STORE AND APP STORE PRODUCTS
The software products made available through the Mac App Store and App
Store (collectively, the “App Store Products”) are licensed, not sold,
to you. There are two (2) categories of App Store Products, as follows:
(i) those App Store Products that have been developed, and are licensed
to you, by Apple ( “Apple Products”); and (ii) those App Store Products
that have been developed, and are licensed to you, by a third-party
developer ( “Third-Party Products”). The category of a particular App
Store Product (Apple Product or Third-Party Product) is identified on
the Mac App Store application or App Store application.
Your license to each App Store Product is subject to the Licensed
Application End User License Agreement set forth below, and you agree
that such terms will apply unless the App Store Product is covered by a
valid end user license agreement entered into between you and the
licensor of that App Store Product (the “Application Provider”), in
which case the Application Provider’s end user license agreement will
apply to that App Store Product. The Application Provider reserves all
rights in and to the App Store Product not expressly granted to you.
You acknowledge that the license to each Apple Product that you obtain
through the App Store Services, as defined below, is a binding agreement
between you and Apple. You acknowledge that: you are acquiring the
license to each Third-Party Product from the Application Provider; Apple
is acting as agent for the Application Provider in providing each such
Third-Party Product to you; and Apple is not a party to the license
between you and the Application Provider with respect to that
Third-Party Product. The Application Provider of each Third-Party
Product is solely responsible for that Third-Party Product, the content
therein, any warranties to the extent that such warranties have not been
disclaimed, and any claims that you or any other party may have
relating to that Third-Party Product.
You acknowledge and agree that Apple and its subsidiaries are
third-party beneficiaries of the Licensed Application End User License
Agreement or the Application Provider’s end user license agreement, as
the case may be, for each Third-Party Product. You also agree that, upon
your acceptance of the terms and conditions of the license to any such
Third-Party Product, Apple will have the right (and will be deemed to
have accepted the right) to enforce such license against you as a
third-party beneficiary thereof.
IN-APP PURCHASES
Certain App Store Products may include functionality that enables you to
receive additional services, or licenses to additional functionality or
content for use within the App Store Product ("In App Purchases"). In
App Purchases that are consumed during the use of the App Store Product
(for example, virtual ammunition) cannot be transferred among devices;
can be downloaded only once; and after being downloaded, cannot be
replaced. Once a consumable In App Purchase is acquired and received by
you, Apple shall be without liability to you in the event of any loss,
destruction, or damage. All In App Purchases are deemed App Store
Products, and In App Purchases received within Third-Party Products are
deemed Third-Party Products, and treated as such, for purposes of these
terms and conditions.
You must authenticate to acquire In-App Purchases separately from any
authentication to obtain App Store Products by entering your password
when prompted, but once you have authenticated to obtain an In-App
Purchase, you will be able to acquire additional In-App Purchases for
fifteen minutes without re-entering your password. You can turn off the
ability to acquire In-App Purchases on your iOS Device by following the
steps outlined at http://support.apple.com/kb/HT4213.
IN-APP SUBSCRIPTIONS
Certain App Store Products may include functionality that enables you to
acquire content on a subscription basis (“In App Subscriptions”). Paid
In App Subscriptions are non-refundable. In App Subscriptions will
automatically renew for the applicable time period you have selected,
and, where applicable, your Account will be charged no more than
24-hours prior to the expiration of the current In App Subscription. You
may cancel automatic renewal of paid In App Subscriptions by selecting
Manage App Subscriptions in your Account and selecting the subscription
you want to modify. The auto-renew feature of the subscription will be
turned off if the Application Provider increases the price of the
subscription. You may cancel free In App Subscriptions by deleting the
App Store Product from your device. Certain paid In App Subscriptions
may offer a free trial prior to purchase. If you decide to purchase a
paid In App Subscription prior to the end of the free trial period, your
paid In App Subscription will start immediately. Certain In App
Subscriptions may be designated as “Newsstand” products, in which case
they will appear only within the Newsstand application on your device
after download. You should also review additional information about the
paid In App Subscription offer at the point of sale within the App
Store Product. We may ask for your permission to provide the name, email
address and zip code listed in your Account to the Application Provider
so that the Application Provider can send you marketing messages about
its own products in accordance with its publicly posted privacy policy.
Once the Application Provider has this information, it will be treated
in accordance with the Application Provider’s privacy policy. We
encourage you to learn about the privacy practices of the Application
Provider before agreeing to give it your personal information. For more
information, please review the Application Provider’s privacy policy or
contact the Application Provider directly.
GENIUS FOR APPS
When you opt in to the Genius for Apps feature, Apple will, from time to
time, automatically collect information related to certain of your App
Store Products, such as your time spent with each App Store Product and
the number of times each App Store Product is launched. This information
will be stored anonymously and will not be associated with your name or
Account. When you use the Genius for Apps feature, Apple will use this
information, as well as other information, such as your App Store
Product download history, to give personalized recommendations to you.
Apple may use this information and combine it with aggregated
information from other users who opt in to this feature, your iTunes
Store purchase history data, your App Store download data, aggregated
App Store Product download data from other users, and other information
like customer ratings of App Store Products, to:
• Provide you with recommendations regarding App Store Products, media,
and other products and services that you may wish to purchase, download,
or use.
• Provide recommendations to other users.
At all times your information will be treated in accordance with Apple’s Privacy Policy.
Once you opt in to the Genius for Apps feature on a Genius-capable
system, you will be able to create Genius recommendations on that
system.
If you prefer that we do not collect and use information from your
device or system in this manner, you should not enable the Genius
feature. You can opt out at any time by turning off the Genius feature
from the App Store Account page on your device and/or system. If you
have elected to share Genius for Apps information from multiple devices
and/or systems, you need to turn off the Genius feature from each device
and system to opt out.
MAC APP STORE PRODUCT USAGE RULES
Except as otherwise set forth herein,
(i) If you are an individual acting in your personal capacity, you may
download and use an application from the Mac App Store (“Mac App Store
Product”) for personal, non-commercial use on any Apple-branded products
running Mac OS X (“Mac Computer”) that you own or control.
(ii) If you are a commercial enterprise or educational institution, you
may download a Mac App Store Product for use by either (a) a single
individual on each of the Mac Computer(s) used by that individual that
you own or control or (b) multiple individuals on a single shared Mac
Computer that you own or control. For example, a single employee may use
a Mac App Store Product on both the employee’s desktop Mac Computer and
laptop Mac Computer, or multiple students may serially use a Mac App
Store Product on a single Mac Computer located at a resource center or
library. For the sake of clarity, each Mac Computer used serially by
multiple users requires a separate license.
(iii) Use may require sign-in with the Apple ID used to download the Mac
App Store Product from the Mac App Store. Mac App Store Products can be
updated through the Mac App Store only.
APP STORE PRODUCT USAGE RULES
(i) If you are an individual acting in your personal capacity, you may
download and sync an App Store Product for personal, noncommercial use
on any iOS Device you own or control.
(ii) If you are a commercial enterprise or educational institution, you
may download and sync an App Store Product for use by either (a) a
single individual on one or more iOS Devices used by that individual
that you own or control or (b) multiple individuals, on a single shared
iOS Device you own or control. For example, a single employee may use an
App Store Product on both the employee's iPhone and iPad, or multiple
students may serially use an App Store Product on a single iPad located
at a resource center or library. For the sake of clarity, each iOS
Device used serially by multiple users requires a separate license.
(iii) You shall be able to store App Store Products from up to five different Accounts at a time on a compatible iOS Device.
(iv) You shall be able to manually sync App Store Products from at least
one iTunes-authorized device to iOS Devices that have manual sync mode,
provided that the App Store Product is associated with an Account on
the primary iTunes-authorized device, where the primary
iTunes-authorized device is the one that was first synced with the iOS
Device or the one that you subsequently designate as primary using the
iTunes application.
IMPORTANT SAFETY INFORMATION
To avoid muscle, joint, or eye strain during video game play, you should
always take frequent breaks from playing, and take a longer rest if you
experience any soreness, fatigue, or discomfort. A very small
percentage of people may experience seizures or blackouts when exposed
to flashing lights or patterns, including while playing video games or
watching videos. Symptoms may include dizziness, nausea, involuntary
movements, loss of awareness, altered vision, tingling, numbness, or
other discomforts. Consult a doctor before playing video games if you
have ever suffered these or similar symptoms, and stop playing
immediately and see a doctor if they occur during game play. Parents
should monitor their children’s video game play for signs of symptoms.
IPOD GAMES
Updates to your existing compatible iPod device’s firmware may render
your purchased version of an iPod Game incompatible. Games purchased
from the iTunes Store may not be compatible with future generations of
the iPod.
MAC APP STORE AND APP STORE PRODUCT MAINTENANCE AND SUPPORT
Apple will be responsible for providing any maintenance and support
services with respect to the Apple Products only, as specified in the
Licensed Application End User License Agreement or the separate end user
license agreement, as the case may be, or as required under applicable
law. The Application Provider of any Third-Party Product will be solely
responsible for providing maintenance and support services with respect
to that Product, as specified in the Licensed Application End User
License Agreement or the Application Provider end user license
agreement, as the case may be, or as required under applicable law.
LICENSED APPLICATION END USER LICENSE AGREEMENT
The Mac App Store Products and App Store Products (collectively, “App
Store Product(s)”) made available through the Mac App Store Service and
App Store Service (collectively, “App Store Service(s)”) are licensed,
not sold, to you. Your license to each App Store Product that you obtain
through the App Store Services is subject to your prior acceptance of
this Licensed Application End User License Agreement (“Standard EULA”),
and you agree that the terms of this Standard EULA will apply to each
App Store Product that you license through the App Store Service, unless
that App Store Product is covered by a valid end user license agreement
between you and the Application Provider of that App Store Product, in
which case the terms of that separate end user license agreement will
govern. Your license to any Apple Product under this Standard EULA or
separate end user license agreement is granted by Apple, and your
license to any Third-Party Product under this Standard EULA or separate
end user license agreement is granted by the Application Provider of
that Third-Party Product. Any App Store Product that is subject to the
license granted under this Standard EULA is referred to herein as the
“Licensed Application”. The Application Provider or Apple as applicable
(“Licensor”) reserves all rights in and to the Licensed Application not
expressly granted to you under this Standard EULA.
a. Scope of License: This license granted to you for the Licensed
Application by Licensor is limited to a nontransferable license to use
the Licensed Application on any Apple-branded products running iOS
(including but not limited to iPad, iPhone, and iPod touch) (“iOS
Devices”) or Mac OS X (“Mac Computers”), as applicable (collectively,
“Apple Device(s)”) that you own or control and as permitted by the usage
rules set forth in the Mac App Store, App Store and iBookstore Terms
and Conditions (the “Usage Rules”). This license does not allow you to
use the Licensed Application on any Apple Device that you do not own or
control, and except as provided in the Usage Rules, you may not
distribute or make the Licensed Application available over a network
where it could be used by multiple devices at the same time. You may not
rent, lease, lend, sell, transfer redistribute, or sublicense the
Licensed Application and, if you sell your Mac Computer or iOS Device to
a third party, you must remove the Licensed Application from the Mac
Computer or iOS Device before doing so. You may not copy (except as
expressly permitted by this license and the Usage Rules), decompile,
reverse-engineer, disassemble, attempt to derive the source code of,
modify, or create derivative works of the Licensed Application, any
updates, or any part thereof (except as and only to the extent that any
foregoing restriction is prohibited by applicable law or to the extent
as may be permitted by the licensing terms governing use of any
open-sourced components included with the Licensed Application). Any
attempt to do so is a violation of the rights of the Licensor and its
licensors. If you breach this restriction, you may be subject to
prosecution and damages.
The terms of this license will govern any upgrades provided by Licensor
that replace and/or supplement the original Licensed Application, unless
such upgrade is accompanied by a separate license in which case the
terms of that license will govern.
b. Consent to Use of Data: You agree that Licensor may collect and use
technical data and related information—including but not limited to
technical information about your device, system and application
software, and peripherals—that is gathered periodically to facilitate
the provision of software updates, product support, and other services
to you (if any) related to the Licensed Application. Licensor may use
this information, as long as it is in a form that does not personally
identify you, to improve its products or to provide services or
technologies to you.
c. Termination. The license is effective until terminated by you or
Licensor. Your rights under this license will terminate automatically
without notice from the Licensor if you fail to comply with any term(s)
of this license. Upon termination of the license, you shall cease all
use of the Licensed Application and destroy all copies, full or partial,
of the Licensed Application.
d. External Services; Third-Party Materials. The Licensed Application
may enable access to Licensor’s and/or third-party services and websites
(collectively and individually, "External Services"). Use of the
External Services requires Internet access and use of certain External
Services requires you to accept additional terms. By using this software
in connection with an iTunes Store account, you agree to the latest
iTunes Store Terms and Conditions and Usage Rules, which you may access
and review at http://www.apple.com/legal/itunes/ww/.
You understand that by using any of the External Services, you may
encounter content that may be deemed offensive, indecent, or
objectionable, which content may or may not be identified as having
explicit language, and that the results of any search or entering of a
particular URL may automatically and unintentionally generate links or
references to objectionable material. Nevertheless, you agree to use the
External Services at your sole risk and that neither the Licensor nor
its agents shall have any liability to you for content that may be found
to be offensive, indecent, or objectionable.
Certain External Services may display, include or make available
content, data, information, applications or materials from third parties
(“Third Party Materials”) or provide links to certain third party web
sites. By using the External Services, you acknowledge and agree that
neither the Licensor nor its agents is responsible for examining or
evaluating the content, accuracy, completeness, timeliness, validity,
copyright compliance, legality, decency, quality or any other aspect of
such Third Party Materials or web sites. Neither the Licensor nor its
agents warrant or endorse and does not assume and will not have any
liability or responsibility to you or any other person for any
third-party services, Third Party Materials or web sites, or for any
other materials, products, or services of third parties. Third Party
Materials and links to other web sites are provided solely as a
convenience to you.
Financial information displayed by any External Services is for general
informational purposes only and should not be relied upon as investment
advice. Before executing any securities transaction based upon
information obtained through the External Services, you should consult
with a financial or securities professional who is legally qualified to
give financial or securities advice in your country or region. Location
data provided by any External Services is for basic navigational
purposes only and is not intended to be relied upon in situations where
precise location information is needed or where erroneous, inaccurate,
time-delayed or incomplete location data may lead to death, personal
injury, property or environmental damage. Neither the Licensor, nor its
agents, nor any of its content providers guarantees the availability,
accuracy, completeness, reliability, or timeliness of stock information,
location data or any other data displayed by any External Services.
You agree that the External Services contain proprietary content,
information and material that is owned by Licensor and/or its agents or
licensors, and is protected by applicable intellectual property and
other laws, including but not limited to copyright, and that you will
not use such proprietary content, information or materials in any way
whatsoever except for permitted use of the External Services or in any
manner that is inconsistent with the terms of this Standard EULA or that
infringes any intellectual property rights of a third party or Apple.
No portion of the External Services may be reproduced in any form or by
any means. You agree not to modify, rent, lease, loan, sell, distribute,
or create derivative works based on the External Services, in any
manner, and you shall not exploit the External Services in any
unauthorized way whatsoever, including but not limited to, using the
External Services to transmit any computer viruses, worms, trojan horses
or other malware, or by trespass or burdening network capacity. You
further agree not to use the External Services in any manner to harass,
abuse, stalk, threaten, defame or otherwise infringe or violate the
rights of any other party, and that neither Licensor nor its agents is
in any way responsible for any such use by you, nor for any harassing,
threatening, defamatory, offensive, infringing or illegal messages or
transmissions that you may receive as a result of using any of the
External Services.
In addition, External Services and Third Party Materials that may be
accessed from, displayed on or linked to from the Apple Devices are not
available in all languages or in all countries or regions. Licensor
makes no representation that such External Services and Materials are
appropriate or available for use in any particular location. To the
extent you choose to use or access such External Services and Materials,
you do so at your own initiative and are responsible for compliance
with any applicable laws, including but not limited to applicable local
laws. Licensor reserves the right to change, suspend, remove, or disable
access to any External Services at any time without notice. In no event
will Licensor be liable for the removal of or disabling of access to
any such External Services. Licensor may also impose limits on the use
of or access to certain External Services, in any case and without
notice or liability.
e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE
LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO
SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED
APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED
APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND
WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL
WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND
ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY,
OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF
ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY
RIGHTS. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR
ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN
OR SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION WILL MEET
YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR
SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE
LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN
INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE
SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES
PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING,
REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A
CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO
EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL,
SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS
INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF
OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION,
HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT,
OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF
LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall
Licensor’s total liability to you for all damages (other than as may be
required by applicable law in cases involving personal injury) exceed
the amount of fifty dollars ($50.00). The foregoing limitations will
apply even if the above stated remedy fails of its essential purpose.
g. You may not use or otherwise export or re-export the Licensed
Application except as authorized by United States law and the laws of
the jurisdiction in which the Licensed Application was obtained. In
particular, but without limitation, the Licensed Application may not be
exported or re-exported (a) into any U.S.-embargoed countries or (b) to
anyone on the U.S. Treasury Department's Specially Designated Nationals
List or the U.S. Department of Commerce Denied Persons List or Entity
List. By using the Licensed Application, you represent and warrant that
you are not located in any such country or on any such list. You also
agree that you will not use these products for any purposes prohibited
by United States law, including, without limitation, the development,
design, manufacture, or production of nuclear, missile, or chemical or
biological weapons.
h. The Licensed Application and related documentation are "Commercial
Items", as that term is defined at 48 C.F.R. §2.101, consisting of
"Commercial Computer Software" and "Commercial Computer Software
Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R.
§227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48
C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial
Computer Software and Commercial Computer Software Documentation are
being licensed to U.S. Government end users (a) only as Commercial Items
and (b) with only those rights as are granted to all other end users
pursuant to the terms and conditions herein. Unpublished-rights reserved
under the copyright laws of the United States.
i. The laws of the State of California, excluding its conflicts of law
rules, govern this license and your use of the Licensed Application.
Your use of the Licensed Application may also be subject to other local,
state, national, or international laws.
ADDITIONAL IBOOKSTORE TERMS AND CONDITIONS
PURCHASE OF IBOOKSTORE PRODUCTS
You acknowledge that you are purchasing the content made available
through the iBookstore Service (the “iBookstore Products”) from the
third-party provider of that iBookstore Product (the “Publisher”); Apple
is acting as agent for the Publisher in providing each such iBookstore
Product to you; Apple is not a party to the transaction between you and
the Publisher with respect to that iBookstore Product; and the Publisher
of each iBookstore Product reserves the right to enforce the terms of
use relating to that iBookstore Product. The Publisher of each
iBookstore Product is solely responsible for that iBookstore Product,
the content therein, any warranties to the extent that such warranties
have not been disclaimed, and any claims that you or any other party may
have relating to that iBookstore Product or your use of that iBookstore
Product.
IBOOKSTORE PRODUCT USAGE RULES
(i) You shall be authorized to use the iBookstore Products only for personal, noncommercial use.
(ii) You shall be able to store iBookstore Products from up to five
different Accounts at a time on certain iOS-based devices, such as an
iPad, iPod touch, or iPhone.
(iii) You shall be able to store iBookstore Products on five iTunes-authorized devices at any time.
(iv) The delivery of iBookstore Products does not transfer to you any
promotional use rights in the iBookstore Products or any rights to burn
the iBookstore Products to disc.
(v) You shall be able to manually sync iBookstore Products from at least
one iTunes-authorized device to devices that have manual sync mode,
provided that the iBookstore Product is associated with an Account on
the primary iTunes-authorized device, where the primary
iTunes-authorized device is the one that was first synced with the
device or the one that you subsequently designate as primary using
iTunes.
Last Updated: October 12, 2011
D. PRIVACY POLICY
Your privacy is important to Apple. So we’ve developed a Privacy Policy
that covers how we collect, use, disclose, transfer, and store your
information. Please take a moment to familiarize yourself with our
privacy practices and let us know if you have any questions.
Collection and Use of Personal Information
Personal information is data that can be used to uniquely identify or contact a single person.
You may be asked to provide your personal information anytime you are in
contact with Apple or an Apple affiliated company. Apple and its
affiliates may share this personal information with each other and use
it consistent with this Privacy Policy. They may also combine it with
other information to provide and improve our products, services,
content, and advertising.
Here are some examples of the types of personal information Apple may collect and how we may use it.
What personal information we collect
■ When you create an Apple ID, register your products, apply for
commercial credit, purchase a product, download a software update,
register for a class at an Apple Retail Store, or participate in an
online survey, we may collect a variety of information, including your
name, mailing address, phone number, email address, contact preferences,
and credit card information.
■ When you share your content with family and friends using Apple
products, send gift certificates and products, or invite others to join
you on Apple forums, Apple may collect the information you provide about
those people such as name, mailing address, email address, and phone
number.
■ In the U.S., we may ask for your Social Security number (SSN) but only
in limited circumstances such as when setting up a wireless account and
activating your iPhone or when determining whether to extend commercial
credit.
How we use your personal information
■ The personal information we collect allows us to keep you posted on
Apple’s latest product announcements, software updates, and upcoming
events. It also helps us to improve our services, content, and
advertising. If you don’t want to be on our mailing list, you can opt
out anytime by updating your preferences.
■ We also use personal information to help us develop, deliver, and improve our products, services, content, and advertising.
■ From time to time, we may use your personal information to send
important notices, such as communications about purchases and changes to
our terms, conditions, and policies. Because this information is
important to your interaction with Apple, you may not opt out of
receiving these communications.
■ We may also use personal information for internal purposes such as
auditing, data analysis, and research to improve Apple’s products,
services, and customer communications.
■ If you enter into a sweepstake, contest, or similar promotion we may
use the information you provide to administer those programs.
Collection and Use of Non-Personal Information
We also collect non-personal information − data in a form that does not
permit direct association with any specific individual. We may collect,
use, transfer, and disclose non-personal information for any purpose.
The following are some examples of non-personal information that we
collect and how we may use it:
■ We may collect information such as occupation, language, zip code,
area code, unique device identifier, location, and the time zone where
an Apple product is used so that we can better understand customer
behavior and improve our products, services, and advertising.
■ We also may collect information regarding customer activities on our
website, MobileMe service, and iTunes Store and from our other products
and services. This information is aggregated and used to help us provide
more useful information to our customers and to understand which parts
of our website, products, and services are of most interest. Aggregated
data is considered non-personal information for the purposes of this
Privacy Policy.
If we do combine non-personal information with personal information the
combined information will be treated as personal information for as long
as it remains combined.
Cookies and Other Technologies
Apple’s website, online services, interactive applications, email
messages, and advertisements may use “cookies” and other technologies
such as pixel tags and web beacons. These technologies help us better
understand user behavior, tell us which parts of our website people have
visited, and facilitate and measure the effectiveness of advertisements
and web searches. We treat information collected by cookies and other
technologies as non-personal information. However, to the extent that
Internet Protocol (IP) addresses or similar identifiers are considered
personal information by local law, we also treat these identifiers as
personal information. Similarly, to the extent that non-personal
information is combined with personal information, we treat the combined
information as personal information for the purposes of this Privacy
Policy.
Apple and its partners use cookies and other technologies in mobile
advertising services to control the number of times you see a given ad,
deliver ads that relate to your interests, and measure the effectiveness
of ad campaigns. If you do not want to receive ads with this level of
relevance on your mobile device, you can opt out by accessing the
following link on your device: http://oo.apple.com.
If you opt out, you will continue to receive the same number of mobile
ads, but they may be less relevant because they will not be based on
your interests. You may still see ads related to the content on a web
page or in an application or based on other non-personal information.
This opt-out applies only to Apple advertising services and does not
affect interest-based advertising from other advertising networks.
Apple and our partners also use cookies and other technologies to
remember personal information when you use our website, online services,
and applications. Our goal in these cases is to make your experience
with Apple more convenient and personal. For example, knowing your first
name lets us welcome you the next time you visit the Apple Online
Store. Knowing your country and language − and if you are an educator,
your school − helps us provide a customized and more useful shopping
experience. Knowing someone using your computer or device has shopped
for a certain product or used a particular service helps us make our
advertising and email communications more relevant to your interests.
And knowing your contact information, product serial numbers, and
information about your computer or device helps us register your
products, personalize your operating system, set up your MobileMe
service, and provide you with better customer service.
If you want to disable cookies and you’re using the Safari web browser,
go to Safari preferences and then to the Security pane to disable
cookies. On your Apple mobile device, go to Settings, then Safari, and
then to the Cookies section. For other browsers, check with your
provider to find out how to disable cookies. Please note that certain
features of the Apple website will not be available once cookies are
disabled.
As is true of most websites, we gather some information automatically
and store it in log files. This information includes Internet Protocol
(IP) addresses, browser type and language, Internet service provider
(ISP), referring and exit pages, operating system, date/time stamp, and
clickstream data.
We use this information to understand and analyze trends, to administer
the site, to learn about user behavior on the site, and to gather
demographic information about our user base as a whole. Apple may use
this information in our marketing and advertising services.
In some of our email messages, we use a “click-through URL” linked to
content on the Apple website. When customers click one of these URLs,
they pass through a separate web server before arriving at the
destination page on our website. We track this click-through data to
help us determine interest in particular topics and measure the
effectiveness of our customer communications. If you prefer not to be
tracked in this way, you should not click text or graphic links in the
email messages.
Pixel tags enable us to send email messages in a format customers can
read, and they tell us whether mail has been opened. We may use this
information to reduce or eliminate messages sent to customers.
Disclosure to Third Parties
At times Apple may make certain personal information available to
strategic partners that work with Apple to provide products and
services, or that help Apple market to customers. For example, when you
purchase and activate your iPhone, you authorize Apple and its carrier
to exchange the information you provide during the activation process to
carry out service. If you are approved for service, your account will
be governed by Apple and its carrier’s respective privacy policies.
Personal information will only be shared by Apple to provide or improve
our products, services and advertising; it will not be shared with third
parties for their marketing purposes.
Service Providers
Apple shares personal information with companies who provide services
such as information processing, extending credit, fulfilling customer
orders, delivering products to you, managing and enhancing customer
data, providing customer service, assessing your interest in our
products and services, and conducting customer research or satisfaction
surveys. These companies are obligated to protect your information and
may be located wherever Apple operates.
Others
It may be necessary − by law, legal process, litigation, and/or requests
from public and governmental authorities within or outside your country
of residence − for Apple to disclose your personal information. We may
also disclose information about you if we determine that for purposes of
national security, law enforcement, or other issues of public
importance, disclosure is necessary or appropriate.
We may also disclose information about you if we determine that
disclosure is reasonably necessary to enforce our terms and conditions
or protect our operations or users. Additionally, in the event of a
reorganization, merger, or sale we may transfer any and all personal
information we collect to the relevant third party.
Protection of Personal Information
Apple takes precautions — including administrative, technical, and
physical measures — to safeguard your personal information against loss,
theft, and misuse, as well as against unauthorized access, disclosure,
alteration, and destruction.
Apple online services such as the Apple Online Store and iTunes Store
use Secure Sockets Layer (SSL) encryption on all web pages where
personal information is collected. To make purchases from these
services, you must use an SSL-enabled browser such as Safari, Firefox,
or Internet Explorer. Doing so protects the confidentiality of your
personal information while it’s transmitted over the Internet.
When you use some Apple products, services, or applications or post on
an Apple forum, chat room, or social networking service, the personal
information you share is visible to other users and can be read,
collected, or used by them. You are responsible for the personal
information you choose to submit in these instances. For example, if you
list your name and email address in a forum posting, that information
is public. Please take care when using these features.
Integrity and Retention of Personal Information
Apple makes it easy for you to keep your personal information accurate,
complete, and up to date. We will retain your personal information for
the period necessary to fulfill the purposes outlined in this Privacy
Policy unless a longer retention period is required or permitted by law.
Access to Personal Information
You can help ensure that your contact information and preferences are
accurate, complete, and up to date by logging in to your account at https://appleid.apple.com/.
For other personal information, we make good faith efforts to provide
you with access so you can request that we correct the data if it is
inaccurate or delete the data if Apple is not required to retain it by
law or for legitimate business purposes. We may decline to process
requests that are unreasonably repetitive, require disproportionate
technical effort, jeopardize the privacy of others, are extremely
impractical, or for which access is not otherwise required by local law.
Access, correction, or deletion requests can be made to the regional
Privacy email addresses.
Children
We do not knowingly collect personal information from children under 13.
If we learn that we have collected the personal information of a child
under 13 we will take steps to delete the information as soon as
possible.
Location-Based Services
To provide location-based services on Apple products, Apple and our
partners and licensees may collect, use, and share precise location
data, including the real-time geographic location of your Apple computer
or device. This location data is collected anonymously in a form that
does not personally identify you and is used by Apple and our partners
and licensees to provide and improve location-based products and
services. For example, we may share geographic location with application
providers when you opt in to their location services.
Some location-based services offered by Apple, such as the MobileMe
“Find My iPhone” feature, require your personal information for the
feature to work.
Third-Party Sites and Services
Apple websites, products, applications, and services may contain links
to third-party websites, products, and services. Our products and
services may also use or offer products or services from third parties −
for example, a third-party iPhone app. Information collected by third
parties, which may include such things as location data or contact
details, is governed by their privacy practices. We encourage you to
learn about the privacy practices of those third parties.
International Users
Information you provide may be transferred or accessed by entities
around the world as described in this Privacy Policy. Apple abides by
the “safe harbor” framework set forth by the U.S. Department of Commerce
regarding the collection, use, and retention of personal information
collected by organizations in the European Economic Area and
Switzerland. Learn more about the U.S. Department of Commerce Safe
Harbor Program.
Please note that personal information regarding individuals who reside
in a member state of the European Economic Area (EEA) is jointly
controlled by Apple Sales International in Cork, Ireland, and Apple UK
Limited in Uxbridge, United Kingdom. Personal information collected in
the EEA when using iTunes is controlled by iTunes SARL in Luxembourg.
Our Companywide Commitment to Your Privacy
To make sure your personal information is secure, we communicate our
privacy and security guidelines to Apple employees and strictly enforce
privacy safeguards within the company.
Privacy Questions
If you have questions or concerns about Apple’s Privacy Policy or data
processing, please contact us at the appropriate regional email
addresses for your local Apple Data Controller listed below.
Country or Region - Contact Information
United States http://www.apple.com/privacy/contact/
Canada http://www.apple.com/privacy/contact/
Latin America http://www.apple.com/privacy/contact/
Europe http://www.apple.com/privacy/contact/
Japan http://www.apple.com/privacy/contact/
Australia http://www.apple.com/privacy/contact/
Asia/Pacific http://www.apple.com/privacy/contact/
Canada http://www.apple.com/privacy/contact/
Latin America http://www.apple.com/privacy/contact/
Europe http://www.apple.com/privacy/contact/
Japan http://www.apple.com/privacy/contact/
Australia http://www.apple.com/privacy/contact/
Asia/Pacific http://www.apple.com/privacy/contact/
Apple may update its Privacy Policy from time to time. When we change
the policy in a material way, a notice will be posted on our website
along with the updated Privacy Policy.
Apple Inc., 1 Infinite Loop, Cupertino, California, USA 95014
Last updated June 21, 2010
http://www.apple.com/legal/itunes/us/terms.html
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