1. You must agree to these Terms of Service to use the iChat Service
The following Terms of Service (“TOS”) are between you and Apple (“Apple”, “we” or “us”) and constitute a legal agreement that governs your use of the iChat account and service (collectively, the “Service”). These TOS govern your use of the Service, which you access by signing in with a screen name or other credential (“Screen Name”) issued by us. You can agree to these TOS by: a) registering a Screen Name with us and using the Service, or b) clicking a box that indicates you agree to the Service, where such a box is made available to you. If you are an existing iChat user who registered for the Service through .Mac and are no longer a .Mac subscriber, these TOS supersede and replace the prior .Mac terms regarding your ongoing use of the Service. If you are an existing MobileMe subscriber, these TOS supplement the MobileMe TOS. You must be legally competent to agree to these TOS. If you do not agree to any of the following terms, please do not use the Service. You should print or otherwise save a copy of these TOS for your records. "Apple" as used herein means Apple Inc., located at 1 Infinite Loop, Cupertino, California and, where applicable, Apple Distribution International, Hollyhill Industrial Estate, Hollyhill, Cork, Ireland.
2. Changes to these Terms of Service
Apple may update or change these TOS at any time and recommends that you review the TOS on a regular basis. You understand and agree that your continued use of the Service after the TOS has changed constitutes your acceptance of the TOS as revised. Without limiting the foregoing, if Apple makes a change to the TOS that materially impacts your use of the Service, Apple may provide prior notice of any such change in its sole discretion.
Upon completing the registration information for your iChat account, you may select or we will assign to you a Screen Name and you will be required to select a password. Please choose a strong password and do not reveal your password to others. You agree that you are responsible for keeping your password confidential and secure, and further understand that you are solely responsible and liable for any activities that occur under your iChat account and Screen Name. You agree that all information you provide to Apple during the registration process will be complete and accurate information. You shall keep this information up to date while using the Service.
4. Inactive Status
You must use your Screen Name on a regular basis in order to keep it active. We reserve the right to deactivate any Screen Name that has been inactive for more than ninety (90) days. This rule does not apply to any Screen Names that are associated with a MobileMe account that is in good standing. If your Screen Name is not tied to an active MobileMe account you must use it regularly by logging in and out of the Service in order to keep your registration active. If we deactivate a Screen Name, we have the right to reassign it to another user.
5. Content and Your Use of the Service
”Content" means any information that may be generated or encountered through use of the Service, such as data files, written text, software, music, graphics, photographs, images, sounds, videos, messages and any other like materials. You understand that all Content whether publicly posted or privately transmitted on the Service is the sole responsibility of the person from whom such Content originated. This means that you, and not Apple, are solely responsible for any Content you upload, download, post, transmit, store or otherwise make available through your use of the Service. You understand that by using the Service you may encounter Content that you may find offensive, indecent, or objectionable, and that you may expose others to Content that they may find objectionable. Apple does not control the Content posted via the Service, nor does it guarantee the accuracy, integrity or quality of such Content. You understand and agree that your use of the Service and any Content is solely at your own risk.
Your use of the Service may require certain software, equipment and Internet access (“Additional Equipment”). You are responsible for providing this Additional Equipment at your own expense. You are also responsible for all activity that takes place under your iChat account, including the use of your Screen Name by others. You may use the Service for lawful purposes only. You agree that you will NOT use the Service to submit or transmit any Content, or otherwise engage in any conduct that:
a. is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, invasive of another’s privacy, hateful, or racially or ethnically offensive, or otherwise objectionable;
b. impersonates or misrepresents yourself as another person, business or entity, including Apple and its employees and agents;
c. violates or infringes the rights of others including patent, trade secret, copyright, trademark, publicity, or other proprietary right;
d. posts, sends, transmits or otherwise makes available, directly or indirectly, any unsolicited bulk communications (including email and instant messages), advertising, promotional materials, or junk mail, or harvests information about our users to be used for the same purpose;
e. contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Service (or any part thereof), or any other computer software or hardware;
f. interferes with or disrupts the normal operations of the Service, or any servers or networks connected to the Service, or any policies, requirements or regulations of networks connected to the Service, (including any unauthorized access to, use or monitoring of data, traffic, or equipment thereon);
g. violates these TOS.
6. Changes to the Service
Apple reserves the right to modify or stop the Service (or any part thereof), either temporarily or permanently, at any time or from time to time, with or without prior notice to you. You agree that Apple shall not be liable to you or any third party for any modification or cessation of the Service. Apple may also impose certain operating guidelines or limitations upon use of the Service and reserves the right to institute or modify such limitations upon use at any time.
You acknowledge and agree that Apple and/or its licensors own all legal right, title and interest in and to the Service, and any software provided to you as a part of and/or in connection with the Service (the “Software”), including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. Such Software will be subject to the terms of the license agreement that accompany the Software. You further agree that the Service (including the Software, or any other part thereof) contains proprietary and confidential information that is protected by applicable intellectual property and other laws.
Apple may at any time, without cause and/or prior notice, immediately terminate or suspend your Screen Name and access to the Service. Cause for such termination shall include, but not be limited to: (a) violations of the TOS or any other policies or guidelines that are referenced herein and/or posted on the Service; (b) a request by you to cancel or terminate your account; (c) discontinuance or material modification to the Service or any part thereof; (d) a request and/or order from law enforcement, a judicial body, or other government agency; (e) where provision of the Service to you is or may become unlawful; (f) unexpected technical or security issues or problems; (g) your participation in fraudulent or illegal activities; or (h) where your account has been deactivated for inactivity as set forth above. Any such termination or suspension shall be made by Apple in its sole discretion. Upon termination of your account you lose all access to the Service, any data stored thereon, and your Screen Name. Apple will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your account and/or access to the Service.
10. Disclaimer of Warranties
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM APPLE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
11. Limitation of Liability
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES , INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICE; (II) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICE; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; AND (IV) ANY OTHER MATTER RELATING TO THE SERVICE.
You agree to defend, indemnify and hold Apple, its affiliates, subsidiaries, directors, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party, relating to or arising from: (a) any Content you submit, post, transmit, or otherwise make available through the Service; (b) your use of the Service; (c) any violation by you of these TOS; or (d) your violation of any rights of another. This obligation shall survive the termination or expiration of these TOS and/or your use of the Service.
14. No Resale of Service
You agree that you will not reproduce, copy, duplicate, sell, resell, rent or trade the Service (or any part thereof) for any purpose.
15. Links and Third Party Materials
Certain Content, components or features of the Service may include materials from third parties and/or hyperlinks to other web sites, resources or Content. Because Apple may have no control over such third party sites and/or materials, you acknowledge and agree that Apple is not responsible for the availability of such sites or resources, and does not endorse or warrant the accuracy of any such sites or resources, and shall in no way be liable or responsible for any Content, advertising, products or materials on or available from such sites or resources. You further acknowledge and agree that Apple shall not be responsible or liable in any way for any damages you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon any such Content, advertising, products or materials on or available from such sites or resources.
16. Trademark Information
Apple, the Apple logo, and other Apple trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of Apple Inc. in the US and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license in any of the aforesaid trademarks, and further agree that you shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Service.
Apple may provide you with notices regarding the Service, including changes to these TOS, by email to your registered email address, by regular mail, or by postings on our website and/or the Service.
18. Governing Law
Your use of the Service and these TOS shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from your use of the Service or these TOS. Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.
These TOS and any supplemental terms, policies, rules or guidelines posted on the Service constitute the entire agreement between you and Apple, govern your use of the Service and completely replace any prior agreements between you and Apple in relation to the the Service. You may also be subject to additional terms and conditions as a MobileMe subscriber, or separate terms that may apply when you use affiliate services, third-party content, or third-party software. If any part of these TOS 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. The failure of Apple to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. You agree that, except as otherwise expressly provided in these TOS, there shall be no third-party beneficiaries to this agreement. Nothing in these TOS shall be construed to convey to you any interest, title, or license in a Screen Name. Any translation of these TOS is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of these TOS shall govern. You agree that any claim or cause of action arising out of or related to these TOS or the use of the Service must be filed within one (1) year after the cause of action arose or be forever barred.
Last revised: April 1, 2012
© Copyright 2012 Apple Inc. All rights reserved.