TERMS AND CONDITIONS
THE LEGAL AGREEMENTS SET OUT BELOW ARE BETWEEN YOU AND ITUNES SARL (“ITUNES") AND GOVERN YOUR USE OF THE MAC APP STORE, APP STORE AND IBOOKSTORE. TO AGREE TO THESE TERMS, CLICK "AGREE." IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "AGREE," AND DO NOT USE THE MAC APP STORE, APP STORE ORIBOOKSTORE. THIS AGREEMENT APPLIES WITHOUT PREJUDICE TO SOFTWARE LICENSES THAT YOU MAY HAVE ENTERED INTO, SUCH AS FOR THE USE OF THE ITUNES APPLICATION.
FOR MORE INFORMATION ABOUT OUR PRODUCTS AND SERVICES, PLEASE VISIT http://www.apple.com/support/.
A. MAC APP STORE, APP STORE AND IBOOKSTORE TERMS OF SALE
PAYMENTS, TAXES, AND REFUND POLICY
The Mac App Store, App Store and iBookstore services (the "Stores") accept credit cards issued by banks in Albania or Content Codes as forms of payment. iTunes 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, your order may be authorized and billed in increments during one purchasing session, so it may appear as multiple orders on your statement. When making purchases, content credits are used first; your credit card is then charged for any remaining balance.
You agree that you will pay for all products you purchase through the Stores, and that iTunes may charge your payment method 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 ITUNES WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card 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 account status, you must change your information online in the Account Information section of iTunes; this may temporarily disrupt your access to the Stores while iTunes verifies your new payment information.
Your total price will include the price of the product plus any applicable sales tax and/or Value Added Tax (VAT) if applicable; 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 jurisdictions where digital goods are taxable. No customers are eligible for tax exemptions.
All sales of products are final.
Prices for products offered via the Stores may change at any time, and the Stores 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 iTunes.
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 Stores with a single click of your mouse or other input device. When accessing the Stores 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 Stores 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.
Content Codes are not redeemable for cash and cannot be returned for a cash refund (except as required by law); exchanged; resold; used to purchase gifts; used for purchases on the Apple Online Store; or used in Apple Retail Stores. Unused balances are not transferable.
Content Codes intended for distribution in Albania may be redeemed through the Stores only in Albania.
iTunes is not responsible for lost or stolen Content Codes.
iTunes reserves the right to close accounts and request alternative forms of payment if a Content Code is fraudulently obtained or used on the Stores.
ITUNES AND ITS LICENSEES, AFFILIATES, AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO CONTENT CODES, OR THE STORES, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT A CONTENT CODE IS NONFUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH CONTENT CODE. THESE LIMITATIONS MAY NOT APPLY TO YOU. CERTAIN JURISDICTIONS 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 purchased from the Stores may be purchased only for, and redeemed only by, persons in Albania. Gift recipients must have compatible hardware and parental control settings to utilize some gifts.
By pre-ordering products, you are authorizing the Stores 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.
Your use of the Stores 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.
iTunes is not responsible for typographic errors.
B. MAC APP STORE, APP STORE AND IBOOKSTORE TERMS AND CONDITIONS
THIS LEGAL AGREEMENT BETWEEN YOU AND ITUNES S.A.R.L. ("ITUNES") GOVERNS YOUR USE OF THE MAC APP STORE, APP STORE AND IBOOKSTORE (THE "STORES") AND THE PURCHASE OF LICENSES FROM THEM, WHICH ARE SOLD TO YOU BY ITUNES.
THE MAC APP STORE, APP STORE AND IBOOKSTORE
iTunes is the provider of the Stores that permit you to purchase from iTunes licenses to software products and digital content (the "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 STORES
These Stores 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 Stores are available to you only in Albania. You agree not to use or attempt to use the Stores from outside these locations. iTunes may use technologies to verify your compliance.
Use of the Stores 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 the iTunes and Mac App Store software is recommended to access the Stores and may be required for certain transactions or features and to download Products previously purchased from the Stores. You agree that these requirements, which may change from time to time, are your responsibility. The Stores 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 Stores.
As a registered user of the Stores, 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 iTunes of any security breach of your Account. iTunes shall not be responsible for any losses arising out of the unauthorized use of your Account.
In order to purchase and download Products from the Stores, 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 Products without re-entering your password. You can turn off the ability to make 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 Stores ("Registration Data"), and you agree to update your Registration Data to keep it accurate and complete. You agree that iTunes may store and use the 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 (excluding products acquired from the Mac App Store) or iBookstore Products through the Stores (collectively, “Eligible Content”), you may elect to automatically receive (“auto-download”) copies of such Eligible Content on additional 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 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 have 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 Stores, 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.
USE OF PRODUCTS AND THE STORES
iTunes is selling you a license to use the Products. Once purchased from iTunes, that license forms a binding agreement directly between you and the publisher of that Product (the "Publisher") governing your use of that Product. You agree that the Stores and certain Products include security technology that limits your use of Products and that, whether or not Products are limited by security technology, you shall use Products in compliance with the applicable usage rules established by iTunes and the Publishers ("Usage Rules"), and that any other use of the Products may constitute a copyright infringement. Any security technology is an inseparable part of the Products. iTunes 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 iTunes for compliance purposes, and iTunes reserves the right to enforce the Usage Rules without notice to you. You agree not to access the Stores by any means other than through software that is provided by iTunes for accessing the Stores. 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 Stores. Violations of system or network security may result in civil or criminal liability.
The delivery of Products does not transfer to you any promotional use rights in the Products.
You acknowledge that, because some aspects of the Stores, Products, and administration of the Usage Rules entails the ongoing involvement of iTunes notwithstanding that iTunes is not party to the license between you and the Publishers of Products, if iTunes changes any part of or discontinues the Stores, which iTunes may do at its election, you may not be able to use Products to the same extent as prior to such change or discontinuation, and that iTunes shall have no liability to you in such case.
SUBMISSIONS TO THE STORES
The Stores may offer interactive features that allow you to submit materials (including links to third-party content) on areas of the Stores accessible and viewable by other users of the Stores 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 Stores. You hereby grant iTunes a worldwide, royalty-free, nonexclusive license to use such materials as part of the Stores, and in relation to Products, without any compensation or obligation to you. iTunes 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.
iTunes has the right, but not the obligation, to monitor any materials submitted by you or otherwise available on the Stores, to investigate any reported or apparent violation of this Agreement, and to take any action that iTunes in its sole discretion deems appropriate, including, without limitation, termination hereunder or under Apple Inc.'s Copyright Policy (http://www.apple.com/legal/copyright.html).
Certain content, Products, and services available via the Stores may include materials from third parties. iTunes may provide links to third-party websites as a convenience to you. You agree that iTunes is not responsible for examining or evaluating the content or accuracy and iTunes 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 iTunes is not in any way responsible for any such use by you.
You understand that by using the Stores, 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 Stores at your sole risk and iTunes shall have no liability to you for material that may be found to be offensive, indecent, or objectionable. Product types and descriptions are provided for convenience, and you agree that iTunes does not guarantee their accuracy.
You agree that the Stores, including but not limited to Products, graphics, user interface, audio clips, editorial content, and the scripts and software used to implement the Stores, contain proprietary information and material that is owned by iTunes and/or the Publishers, 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 Stores in compliance with this Agreement. No portion of the Stores 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 Stores in any manner, and you shall not exploit the Stores in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.
Notwithstanding any other provision of this Agreement, iTunes and the Publishers reserve the right to change, suspend, remove, or disable access to any Products, content, or other materials comprising a part of the Stores at any time without notice. In no event will iTunes be liable for making these changes. iTunes may also impose limits on the use of or access to certain features or portions of the Stores, in any case and without notice or liability.
All copyrights in and to the Stores (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by iTunes and/or its licensors, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE STORES, EXCEPT FOR USE OF THE STORES 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 Stores are trademarks or registered trademarks of iTunes and/or Apple Inc. in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Stores 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.
If you fail, or iTunes suspects that you have failed, to comply with any of the provisions of this Agreement, iTunes, 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 Stores (or any part thereof).
iTunes reserves the right to modify, suspend, or discontinue the Stores (or any part or content thereof) at any time with or without notice to you, and iTunes will not be liable to you or to any third party should it exercise such rights.
DISCLAIMER OF WARRANTIES; LIABILITY LIMITATIONS
ITUNES DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE STORES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME ITUNES MAY REMOVE THE STORES FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE STORES AT ANY TIME, WITHOUT NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE STORES IS AT YOUR SOLE RISK. THE STORES AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE STORES ARE (EXCEPT AS EXPRESSLY STATED BY ITUNES) 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 ITUNES, 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 STORES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE STORES, 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 STORES, 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, ITUNES'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
ITUNES SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE STORES, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND ITUNES HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
ITUNES DOES NOT REPRESENT OR GUARANTEE THAT THE STORES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND ITUNES DISCLAIMS ANY LIABILITY RELATING THERETO. SOME PRODUCTS CAN ONLY BE DOWNLOADED 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 PRODUCTS PURCHASED FROM THE STORES.
WAIVER AND INDEMNITY
BY USING THE STORES, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD ITUNES, 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 STORES, OR ANY ACTION TAKEN BY ITUNES 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 ITUNES, 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 STORES, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF ITUNES'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.
iTunes reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Stores. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Stores will be deemed acceptance thereof.
This Agreement constitutes the entire agreement between you and iTunes and governs your use of the Stores, superseding any prior agreements between you and iTunes. 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. iTunes's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. iTunes will not be responsible for failures to fulfill any obligations due to causes beyond its control.
The Stores are operated by iTunes from its offices in Luxembourg. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Stores. All transactions on the Stores are governed by California law, without giving effect to its conflict of law provisions. Your use of the Stores may also be subject to other laws. Any dispute arising out of or in connection with this Agreement and your use of the Stores ("Dispute") shall be finally resolved by binding arbitration pursuant to the rules and under the auspices of the International Chamber of Commerce in the English language before three arbitrators. Each party shall select one arbitrator and the two arbitrators so selected shall select the third arbitrator. None of the arbitrators shall be citizens of Albania or Luxembourg. The proceedings shall take place in Albania or a location agreed upon by the arbitrators. The arbitrators shall have the authority to award compensatory damages only and shall not award punitive or exemplary damages. The parties, their representatives, other participants and arbitrators shall hold the existence, subject matter and result of arbitration in confidence. Notwithstanding the foregoing, either party may, at its sole discretion, seek injunctive relief in any court of competent jurisdiction (including, but not limited to, preliminary injunctive relief). The prevailing party in any legal proceeding brought by one party against the other party in a Dispute shall be entitled to recover its legal expenses, including, but not limited to, the costs of any court or arbitration proceeding and reasonable attorneys' fees. iTunes will advance you any arbitration fees that exceed what you would have had to pay for court proceedings, provided that you shall refund such amounts if iTunes ultimately prevails in the arbitration. Risk of loss and title for all electronically delivered transactions pass to the purchaser in Luxembourg upon electronic transmission to the recipient. No iTunes employee or agent has the authority to vary this Agreement.
iTunes may notify you with respect to the Stores 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 Stores. Notices shall become effective immediately.
iTunes reserves the right to take steps iTunes believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that iTunes 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 iTunes believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to iTunes's right to cooperate with any legal process relating to your use of the Stores and/or Products, and/or a third-party claim that your use of the Stores and/or 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
iTunes is selling you a license to use the software products made available through the Mac App Store and App Store (collectively, the "App Store Products"). There are two (2) categories of App Store Products, as follows: (i) those App Store Products that have been developed by Apple, and which are licensed to you by iTunes ("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 publisher of that App Store Product (the "Publisher"), in which case the Publisher's end user license agreement will apply to that App Store Product. The Publisher 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 Stores is a binding agreement between you and iTunes. You acknowledge that: once you acquire a Third-Party Product from iTunes, you are entering into a binding agreement directly with the Publisher governing your use of that Third-Party Product; and iTunes is not a party to the license between you and the Publisher with respect to that Third-Party Product. The Publisher 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 iTunes and its affiliates are third-party beneficiaries of the Licensed Application End User License Agreement or the Publisher'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, iTunes 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.
Certain App Store Products may include functionality that enables you to purchase 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 purchased and received by you, iTunes 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 made 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 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 make In-App Purchases on your iOS Device by following the steps outlined at http://support.apple.com/kb/HT4213.
GENIUS FOR APPS
When you opt in to the Genius for Apps feature, iTunes 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, iTunes will use this information, as well as other information, such as your App Store Product download history, to give personalized recommendations to you.
iTunes 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 Product, 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.
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 the 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
(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.
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
iTunes 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 Publisher 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 Publisher 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 and App Store (collectively, “App Stores”) are licensed, not sold, to you. Your license to each App Store Product that you obtain through the App Stores is subject to your prior acceptance of this Licensed Application End User License Agreement (“Standard EULA”), and you agree that the terms of this Licensed Application End User License Agreement will apply to each App Store Product that you license through the App Stores, unless that App Store Product is covered by a valid end user license agreement between you and the Publisher 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 iTunes, and your license to any Third-Party Product under this Standard EULA or separate end user license agreement is granted by the Publisher 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". Publisher or iTunes 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. Services; Third-Party Materials. The Licensed Application may enable access to iTunes’s, 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/internet-services/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. The Licensor, its agents, officers, affiliates and subsidiaries do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third party External 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 guarantee 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 iTunes. 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
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: December 3, 2012