NEW Terms Of Service Posted on iTunes

itunes store​

terms of service​

legal agreement between , apple inc. ("apple") stating terms govern use of itunes store service. agreement - updates, additional terms, software licenses, , of apple's rules , policies - collectively constitute "agreement" between , apple. agree these terms, click "agree." if not agree these terms, not click "agree," , not use service. must accept , abide these terms presented you: changes, additions, or deletions not acceptable, , apple may refuse access itunes store noncompliance part of agreement.
1. definition of itunes store service. apple provider of itunes store (the "service") permits purchase or rent (as applicable) digital content, such sound recordings , videos (including movies , television shows), games, software, , ring tones, under terms , conditions set forth in agreement.
2. age requirements use of service. service available individuals aged 13 years or older. if 13 or older under age of 18, should review these terms , conditions parent or guardian make sure , parent or guardian understand these terms , conditions.
3. objectionable material. understand using service, may encounter content may deemed offensive, indecent, or objectionable, content may or may not identified having explicit language. nevertheless, agree use service @ sole risk , apple shall have no liability content may found offensive, indecent, or objectionable. content types (including genres, sub-genres , podcast categories , sub-categories , like) , descriptions provided convenience, , acknowledge , agree apple not guarantee accuracy.
4. system requirements. use of service requires 1 or more compatible devices, internet access (fees may apply), , software (fees may apply), , may require obtaining updates or upgrades time time. because use of service involves hardware, software, , internet access, ability use service may affected performance of these factors. high speed internet access recommended (and required movie rentals). acknowledge , agree such system requirements, may changed time time, responsibility. service not part of other product or offering, , no purchase or rental (as applicable) or obtaining of other product shall construed represent or guarantee access service.
5. policies , rules. use of service , transactions made through subject apple's terms of sale @ http://www.apple.com/legal/itunes/us/sales.html, can readily viewed on service, , end-user agreements or other terms , conditions required use of service, of hereby made part of agreement. if have not read apple's terms of sale, should now. purchase of software products made through service subject end-user agreements or other terms , conditions required use of such products, of hereby made part of agreement.
6. apple's privacy policy. except otherwise expressly provided in agreement, service subject apple's privacy policy @ http://www.apple.com/legal/privacy/, expressly made part of agreement. if have not read apple's privacy policy, should now.
7. information. agree provide accurate, current, , complete information required register service , @ other points may required in course of using service ("registration data"). further agree maintain , update registration data required keep accurate, current, , complete. apple may terminate rights or of service if information provide false, inaccurate or incomplete. agree apple may store , use registration data provide (including credit card , paypal account information) use in maintaining accounts , billing fees credit card or paypal account.
8. user account , security.
a. account , password. registered user of service, may receive or establish account ("account"). solely responsible maintaining confidentiality , security of account. should not reveal account information else or use else's account. entirely responsible activities occur on or through account, , agree notify apple of unauthorized use of account or other breach of security. apple shall not responsible losses arising out of unauthorized use of account.
b. security. understand service, , products transacted through service, such sound recordings, videos (including movies , television shows), games, software, ring tones, , related artwork ("products"), include security framework using technology protects digital information , limits usage of products usage rules established apple , licensors ("usage rules"). agree comply such usage rules, further outlined below, , agree not violate or attempt violate security components. agree not attempt to, or assist person to, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper of security components related such usage rules reason whatsoever. usage rules may controlled , monitored apple compliance purposes, , apple reserves right enforce usage rules or without notice you. not access service means other through software provided apple accessing service. shall not access or attempt access account not authorized access. agree not modify software in manner or form, or use modified versions of software, purposes including obtaining unauthorized access service. violations of system or network security may result in civil or criminal liability.
9. purchase or rental of apple content
a. products requirements. acknowledge use of products may require use of other hardware , software products (e.g., ability make copies of products on physical media , render performance of products on authorized digital player devices), , such hardware , software responsibility. once product purchased or rented (as applicable) , receive product, responsibility not lose, destroy, or damage product, , apple shall without liability in event of loss, destruction, or damage.
b. use of products. acknowledge products (other itunes plus products) contain security technology limits usage of products following applicable usage rules, and, whether or not products limited security technology, agree use products in compliance applicable usage rules.
usage rules
(i) use of products conditioned upon prior acceptance of terms of agreement.
(ii) shall authorized use products personal, noncommercial use.
(iii) shall authorized use products on 5 apple-authorized devices @ time, except in case of movie rentals, described below.
(iv) shall able store products 5 different accounts on devices, such ipod or iphone, , apple tv @ time; provided each iphone may sync ring tone products single apple-authorized device @ time, , syncing iphone apple-authorized device cause ring tone products stored on such iphone erased and, if choose, replaced ring tone products stored on such other apple-authorized device. additional restrictions apply movies rentals, described below.
(v) shall authorized burn audio playlist 7 times.
(vi) shall not entitled burn video products or ring tone products.
(vii) shall entitled export, burn (if applicable) or copy (if applicable) products solely personal, noncommercial use.
(viii) may use ring tone products musical “ringer” in connection phone calls.
(ix) burning (if applicable) or exporting capabilities solely accommodation , shall not constitute grant or waiver (or other limitation or implication) of rights of copyright owners in audio or video content, sound recording, underlying musical composition, or artwork embodied in product.
(x) agree not attempt to, or encourage or assist other person to, circumvent or modify security technology or software part of service or used administer usage rules.
(xi) delivery of products not transfer commercial or promotional use rights in products.
(xii) itunes plus products not contain security technology limits usage of such products, , usage rules (iii) – (vi) not apply itunes plus products. may copy, store , burn itunes plus products reasonably necessary personal, noncommercial use.
(xiii) usage rules software products governed terms of end-user agreements or other terms , conditions required use of such products.
(xiv) shall able manually sync movie @ least 1 authorized device devices have manual sync mode, provided movie associated account on primary authorized device, primary authorized device 1 first synced device, or 1 subsequently designate primary using itunes.
(xv) movie rentals:
(aa) movies viewable on mac or windows computer (using itunes 7.6 or later), iphone, video-enabled ipod (ipod touch, ipod nano (3rd generation), or ipod classic), or on tvs using apple tv. movies in high definition resolution (hd) viewable on tvs using apple tv , must downloaded directly apple tv. movies viewable on 1 device @ time.
(bb) must connected service when moving or streaming movies. once movie moved, no longer viewable on sending device. may move movies device mac or windows computer. movies downloaded directly apple tv may not moved.
(cc) have thirty (30) days after downloading movie begin viewing. once begin viewing, have twenty-four (24) hours view movie (the “viewing period”). may view movie unlimited number of times during viewing period. movies not viewable after thirty (30) day period. stopping, pausing or restarting movie not extend available time viewing.
(dd) if move movie ipod or iphone , use service restore ipod or iphone before finish watching it, movie deleted , not recoverable. applies choosing settings > reset > erase content , settings on ipod touch , iphone. (ee) broadband internet connection required.
(xvi) hdmi. hdcp connection required in order view movies (purchased or rented) , tv shows transmitted on hdmi.
c. agree purchase or rental (as applicable) of products constitutes acceptance of , agreement use such products solely in accordance usage rules, , other use of products may constitute copyright infringement. security technology, if applicable, inseparable part of products. usage rules shall govern rights respect products, in addition other terms or rules may have been established between , party. apple reserves right modify usage rules @ time.
d. acknowledge aspects of service, products, , administering of usage rules entails ongoing involvement of apple. accordingly, in event apple changes part of service or discontinues service, apple may @ election, acknowledge may no longer able use products same extent prior such change or discontinuation, , apple shall have no liability in such case
e. service may offer interactive features allow to, among other things, submit or post information, materials or links third party content on areas of service accessible , viewable other users of service , public. represent , agree use of such features, including information, materials or links submitted or posted you, shall sole responsibility, shall not infringe or violate rights of other party or violate laws, contribute or encourage infringing or otherwise unlawful conduct, or otherwise obscene, objectionable or in poor taste, , have obtained necessary rights, licenses or clearances. further agree provide accurate , complete information in connection submission or posting of information or materials on service. moreover, hereby grant apple worldwide, royalty-free, non-exclusive license use such materials part of service, , in relation products, without compensation or obligation you.
apple reserves right not post or publish materials, , delete, remove or edit material, @ time in sole discretion without notice or liability.
apple has right, not obligation, monitor information , materials submitted or posted or otherwise available on service, investigate reported or apparent violation of agreement, , take action apple in sole discretion deems appropriate, including, without limitation, under section 14 below or under our copyright policy (http://www.apple.com/legal/trademark/claimsofcopyright.html).
10. territory. service available in united states. agree not use or attempt use service outside of available territory, , apple may use technologies verify compliance.
11. agreement pay.
a. payment products. agree pay products purchase or rent (as applicable) through service, , apple may charge credit card or paypal account products purchased or rented (as applicable), , additional amounts (including taxes , late fees, applicable) may accrued or in connection account. responsible timely payment of fees , providing apple valid credit card or paypal account details payment of fees. fees billed credit card, or paypal account, designate during registration process. if want designate different credit card or if there change in credit card or paypal account status, must change credit card or paypal account information online @ account info section of service. (there may temporary disruption of access service until apple can verify validity of new credit card or paypal account information.)
b. right change prices , availability of products. prices , availability of products subject change @ time.
c. electronic signatures , contracts. use of service includes ability enter agreements and/or make transactions electronically. acknowledge electronic submissions constitute agreement , intent bound , pay such agreements , transactions. agreement , intent bound electronic submissions applies records relating transactions enter on site, including notices of cancellation, policies, contracts, , applications.
d. in order access , retain electronic records, may required have hardware , software, sole responsibility.
12. delivery of products.
a. interrupted delivery ipod or iphone. if delivery of product purchased or rented (as applicable) using wi-fi on ipod or iphone interrupted, transaction included in download queue. may resume delivery apple-authorized device selecting "check purchases" in itunes application.
b. technical problems. on occasion, technical problems may delay or prevent delivery of product. exclusive , sole remedy respect product not delivered within reasonable period either replacement of such product, or refund of price paid such product, determined apple.
13. intellectual property.
a. acknowledgement of ownership. agree service, including not limited products, graphics, audio clips, , editorial content, contains proprietary information , material owned apple and/or licensors, , protected applicable intellectual property , other laws, including not limited copyright, , not use such proprietary information or materials in way whatsoever except use of service in compliance terms of agreement. no portion of service may reproduced in form or means, except expressly permitted hereunder. agree not modify, rent, lease, loan, sell, distribute, or create derivative works based on service, in manner, , shall not exploit service in unauthorized way whatsoever, including not limited to, trespass or burdening network capacity.
b. removal of apple content or other materials. notwithstanding other provision of agreement, apple , licensors reserve right change, suspend, remove, or disable access products, content, or other materials comprising part of service @ time without notice. in no event apple liable removal of or disabling of access such products, content or materials under agreement. apple may impose limits on use of or access features or portions of service, in case , without notice or liability.
c. copyrights. copyrights in , service, including not limited to, itunes store (including compilation of content, postings, links other internet resources, , descriptions of resources), , software, owned apple and/or licensors, reserve rights in law , equity. use of software or part of service, except use of service permitted in these terms of service, strictly prohibited , infringes on intellectual property rights of others , may subject civil , criminal penalties, including possible monetary damages, copyright infringement.
d. trademarks. apple, apple logo, itunes, , other apple trademarks, service marks, graphics, , logos used in connection service trademarks or registered trademarks of apple inc. in u.s. and/or other countries. other trademarks, service marks, graphics, , logos used in connection service may trademarks of respective owners. granted no right or license respect of aforesaid trademarks , use of such trademarks.
e. album cover art. account holder of service in standing, apple may provide limited access download album cover art music stored in itunes library of itunes application, subject availability. such access provided accommodation only, , apple not warrant or endorse , not assume , not have liability or responsibility such album cover art or use thereof. may access album cover art (to extent available) music lawful owner of legal copy. album cover art provided personal, noncommercial use only. agree not use album cover art in manner infringe or violate these terms of service or rights of other party, , apple not in way responsible such use you.
14. termination.
a. termination apple. if fail, or apple suspects have failed, comply of provisions of agreement, including not limited failure make payment of fees due, failure provide apple valid credit card or accurate , complete registration data, failure safeguard account information, violation of usage rules or license software, or infringement or other violation of third parties' rights, apple, @ sole discretion, without notice may: (i) terminate agreement and/or account, , remain liable amounts due under account , including date of termination; and/or (ii) terminate license software; and/or (iii) preclude access service (or part thereof).
b. termination of service. apple reserves right modify, suspend, or discontinue service (or part or content thereof) @ time or without notice you, , apple not liable or third party should exercise such rights.
15. general compliance laws. service controlled , operated apple offices in united states. agree comply local, state, federal, , national laws, statutes, ordinances, , regulations apply use of service.
16. enforcement of these terms. apple reserves right takes steps apple believes reasonably necessary or appropriate enforce and/or verify compliance part of agreement (including not limited apple's right cooperate legal process relating use of service and/or products, and/or third party claim use of service and/or products unlawful and/or infringes such third party's rights). agree apple has right, without liability you, disclose registration data and/or account information law enforcement authorities, government officials, and/or third party, apple believes reasonably necessary or appropriate enforce and/or verify compliance part of agreement (including not limited apple's right cooperate legal process relating use of service and/or products, and/or third party claim use of service and/or products unlawful and/or infringes such third party's rights).
17. no responsibility third-party materials or web sites. content, products, , services available via service may include materials third parties. in addition, apple may provide links third party web sites. acknowledge , agree apple not responsible examining or evaluating content or accuracy of such third-party material or web sites. apple not warrant or endorse , not assume , not have liability or responsibility third-party materials or web sites, or other materials, products, or services of third parties. links other web sites provided solely convenience you. agree not use third-party materials in manner infringe or violate rights of other party, , apple not in way responsible such use you.
18. disclaimer of warranties; liability limitations.
a. apple not guarantee, represent, or warrant use of service uninterrupted or error-free, , agree time time apple may remove service indefinite periods of time, or cancel service @ time, without notice you.
b. expressly agree use of, or inability use, service @ sole risk. service , products , services delivered through service (except expressly stated apple) provided "as is" , "as available" use, without warranties of kind, either express or implied, including implied warranties of merchantability, fitness particular purpose, title, , noninfringement. because jurisdictions not allow exclusion of implied warranties, above exclusion of implied warranties may not apply you.
c. in no case shall apple, directors, officers, employees, affiliates, agents, contractors, or licensors liable direct, indirect, incidental, punitive, special, or consequential damages arising use of of services or other claim related in way use of services, including, not limited to, errors or omissions in content, or loss or damage of kind incurred result of use of content (or product) posted, transmitted, or otherwise made available via service, if advised of possibility. because states or jurisdictions not allow exclusion or limitation of liability consequential or incidental damages, in such states or jurisdictions, apple's liability shall limited extent permitted law.
d. apple shall use reasonable efforts protect information submitted in connection services, acknowledge , agree submission of such information @ sole risk, , apple hereby disclaims , liability loss or liability relating such information in way.
e. apple not represent or guarantee service free loss, corruption, attack, viruses, interference, hacking, or other security intrusion, , apple disclaims liability relating thereto. shall responsible backing own system, including products purchased or rented itunes store stored in system.
19. waiver , indemnity. using service, agree indemnify , hold apple, directors, officers, employees, affiliates, agents, contractors, , licensors harmless respect claims arising out of breach of agreement, use of service, or action taken apple part of investigation of suspected violation of agreement or result of finding or decision violation of agreement has occurred. means cannot sue or recover damages apple, directors, officers, employees, affiliates, agents, contractors, , licensors result of decision remove or refuse process information or content, warn you, suspend or terminate access service, or take other action during investigation of suspected violation or result of apple's conclusion violation of agreement has occurred. waiver , indemnity provision applies violations described in or contemplated agreement.
20. changes. apple reserves right, @ time , time time, update, revise, supplement, , otherwise modify agreement , impose new or additional rules, policies, terms, or conditions on use of service. such updates, revisions, supplements, modifications, , additional rules, policies, terms, , conditions (collectively referred in agreement "additional terms") effective , incorporated agreement. continued use of itunes store following deemed constitute acceptance of , such additional terms. additional terms hereby incorporated agreement reference.
21. notices. apple may send notice respect service sending email message email address listed in apple account contact information, sending letter via postal mail contact address listed in apple account contact information, or posting on itunes store. notices shall become effective immediately.
22. governing law. laws of state of california, excluding conflicts of law rules, govern these terms of service , use of service. use of service may subject other local, state, national, or international laws. expressly agree exclusive jurisdiction claim or dispute apple or relating in way use of service resides in courts of state of california.
23. miscellaneous. these terms of service constitute entire agreement between , apple , govern use of service, superseding prior agreements between , apple. may subject additional terms , conditions may apply when use affiliate services, third-party content, or third-party software. if part of these terms of service held invalid or unenforceable, portion shall construed in manner consistent applicable law reflect, possible, original intentions of parties, , remaining portions shall remain in full force , effect. apple's failure enforce right or provisions in these terms of service not constitute waiver of such provision, or other provision of these terms of service. if provision of agreement found court of competent jurisdiction invalid, other provisions remain in full force , effect. apple not responsible failures fulfill obligations due causes beyond control.
last updated april 30, 2008
© copyright 2008 apple inc. rights reserved.

source: http://www.apple.com/legal/itunes/us/service.html

 

last updated april 30, 2008

 

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