iTUNES STORE - TERMS AND CONDITIONS

iTUNES STORE

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TERMS OF SALE
TERMS OF SERVICE
GIFT CERTIFICATE, iTUNES CARDS, CONTENT CODES AND ALLOWANCES
APP STORE TERMS AND CONDITIONS
LICENSED APPLICATION END USER LICENSE AGREEMENT

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Pour lire ces Conditions générales en français, cliquez ici: http://www.apple.com/legal/itunes/cafr/terms.html#SALE

TERMS OF SALE

CANADIAN SALES ONLY

Purchases or rentals (as applicable) from the iTunes Store are available to you only in Canada. If you are not in Canada you may not use or attempt to use the service. iTunes may use technologies to verify such compliance.

The iTunes Store is provided by Apple Inc. (“iTunes”).

SALES TO END USERS ONLY

The iTunes Store sells and rents (as applicable) Products to end user customers only.

CANCELLATION POLICY

All Sales are final. The iTunes Store service commences immediately when you begin to download content from the iTunes Store and you will not have a right to cancel your contract once the service commences.

TECHNICAL STEPS - 1-Click ®

1-Click is a registered service mark of Amazon.com, Inc., used under license. 1-Click is a convenient feature that allows you to purchase or rent (as applicable) from the iTunes Store with a single click of your mouse or other input device. When accessing the iTunes Store on your computer, 1-Click purchasing or renting (as applicable) may be activated for all your transactions by selecting the "Don't ask me about buying ... again" check box in the "Are you sure you want to buy and download ... ?" dialog box that appears when a "Buy" button is clicked. (You may reset this selection at any time by clicking "Reset Warnings" in your Account.) When accessing the iTunes Store on your iPod or iPhone, 1-Click is activated for each transaction by pressing the button showing the price of the Product, which reveals the "Buy" button. When 1-Click is activated, clicking the "Buy" button will start the download immediately and complete your transaction without any further steps. Transactions using 1-Click are subject to these Terms of Sale, including the Cancellation Policy set forth herein. When accessing the iTunes Store on your computer using iTunes 9, you alternatively may purchase Products by selecting “Add to Wishlist” from the dropdown menu that appears next to the “Buy” button for the Product you wish to purchase. Using Wishlist allows you to review and change the Products you have selected for purchase before completing the transaction. The Wishlist functionality is not available in earlier versions of iTunes or when accessing the iTunes Store on your iPod or iPhone, or for Movie Rentals, Season Passes and iTunes Passes. When accessing the iTunes Store on your computer using iTunes 8 (or earlier versions of iTunes), you may turn off 1-Click and instead purchase using a shopping cart by selecting "Buy using a Shopping Cart" under the "Store" tab in your preferences menu within the iTunes application. Using a shopping cart allows you to review and change the Products you have selected for purchase before completing the transaction. The shopping cart functionality is not available in iTunes 9 or when accessing the iTunes Store on your iPod or iPhone, or for Movie Rentals, Season Passes and iTunes Passes.

PAYMENT METHODS

The iTunes Store accepts credit and debit cards and iTunes Store Gift Certificates, Content Codes, iTunes Cards and Monthly Allowance balances as forms of payment. If a credit or debit card is being used for a purchase, iTunes may obtain a pre-approval from the credit or debit card company for an amount up to the amount of the order. Billing to your credit or debit card occurs at the time of purchase or rental (as applicable), or shortly thereafter. If the balance from an iTunes Store Gift Certificate, iTunes Card or Monthly Allowance is used for an iTunes Store transaction, the amount is deducted from your account or your iTunes Card (as the case may be) at the time of purchase or rental (as applicable). If the total amount of the transaction is greater than the balance available in your Gift Certificate, iTunes Card or Monthly Allowance, your credit card or debit card will be charged for the balance. The iTunes Store accepts the following payment cards: Visa, MasterCard and American Express.

PLEASE NOTE:

We are unable to accept credit or debit cards issued by banks outside of Canada or prepaid gift cards issued by credit card companies.

Credit cards and debit cards have daily spending limits that may prevent the processing of your order.

If a transaction has been declined online due to credit or debit card issues, please ensure all data is correct and resubmit. If the transaction is not accepted online, you will be unable to use that card for your transaction and should use another payment card.

BILLING

If you are transacting using 1-Click, your order may be authorised and billed in gradual increments during one purchasing and renting (as applicable) session as you click the “Buy Now” button. Depending on the size of your order, this may appear as multiple orders and billings on your payment card statement.

If you use the Shopping Cart functionality, you will have one order that authorises and bills as a single transaction.

PRE-ORDERS

By pre-ordering Products, you are authorizing the iTunes Store 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, by going to your Account page and clicking Manage Pre-orders on your computer, or in the downloads section on your iPod touch or iPhone. Pre-orders purchased from your computer can only be managed and downloaded on your computer.

GIFT CERTIFICATE TRANSACTIONS

Gift Certificates may be redeemed for iTunes Store transactions only and are non-refundable for cash. They cannot be used for purchases on the Apple Online Store or used in Apple Retail Stores. Purchases for Gift Certificates may be purchased only in whole Canadian dollar increments or designated amounts. Gift Certificates may not be used to purchase other Gift Certificates, iTunes Cards or Monthly Allowances. Gift Certificates cannot be used to purchase software, games, or apps.

MONTHLY ALLOWANCES

Monthly Allowances are for transactions on the iTunes Store only. The Allowance Account may not be used for gifts, or purchases on the Apple Online Store or in Apple Retail Stores. Monthly Allowances may not be used for purchases on the Apple Online Store or in Apple Retail Stores. Monthly Allowances are non-refundable. Monthly Allowances may not be used to purchase Gift Certificates, iTunes Cards, Apps, or other Monthly Allowances. Monthly allowances may not be used to purchase software, games, or apps.

iTUNES CARDS

iTunes Cards are for transactions on the iTunes Store only. iTunes Cards may not be used for gifts, or purchases on the Apple Online Store or in Apple Retail Stores. iTunes Cards are non-refundable. iTunes Cards may not be used to purchase Gift Certificates, Monthly Allowances, Apps, or other iTunes Cards. iTunes Cards may not be used to purchase software, games, or apps.

GIFTS

Gifts purchased from the iTunes Store in Canada may be purchased only for, and redeemed only by, residents of Canada. Gifts are non-refundable. Gifts may not be purchased with iTunes Cards, Gift Certificates or Allowance Accounts. Gifts may not be used for Movie Rentals or Apps.

COMPLETE MY ALBUM ("CMA")

If you have acquired select songs or music videos from the iTunes Store, Apple may offer you the ability to "complete" the corresponding album (if any) by purchasing the remaining songs or music videos of the album at a price that is less than the full album price. Please note that for some albums (where the full album price equals the sum of the single prices of all its songs), completing the album using CMA does not reduce your price for the remaining songs or music videos compared to buying them individually. CMA may not be available for all songs or music videos you have acquired or will acquire from the iTunes Store, and availability of particular CMA offers is subject to change without notice. Albums that are no longer available for sale on the iTunes Store, partial albums and certain other albums are not eligible for CMA. Songs or music videos acquired through free promotions are not eligible for CMA, except in the case of certain select free content code promotions. CMA is not available for any content acquired from the iTunes Store other than songs and music videos. Except in the case of special promotions that Apple may conduct at its discretion, in some circumstances you will have no more than 180 days from the time you acquire your first CMA-eligible song or video off a particular CMA-eligible album to accept that CMA offer. CMA is only available on your computer.

For more information about CMA, please read the FAQ at http://docs.info.apple.com/article.html?artnum=305232.

ITUNES PLUS

Select songs or music videos may be available on the iTunes Store in the iTunes Plus format. iTunes Plus content does not contain security technology that restricts your usage of such content, and is encoded at a higher audio bit rate than the DRM-protected songs or music videos available on the iTunes Store. iTunes Plus content also is subject to fewer Usage Rules; please see the iTunes Store Terms of Service for details.

You may upgrade the songs and music videos you previously have purchased from the iTunes Store that are eligible for upgrade using your computer. Songs or music videos may be eligible for upgrade only if the same song or music video is available for sale on the iTunes Store in the iTunes Plus format at the time of the upgrade. The eligibility of particular songs and music videos for upgrade to iTunes Plus and your total upgrade offer are subject to change at any time. Before you upgrade, you will be shown the total price for the upgrade, and will have an opportunity to review the specific content that will be upgraded. The upgraded iTunes Plus versions of your content will replace the DRM-protected versions in your iTunes library, and the DRM-protected files will be moved to your Trash or Recycling Bin folder. For more information on how the upgrade price is calculated and details about the replacement of the DRM-protected versions, please review the FAQ (see below).

CMA may be available for iTunes Plus content, subject to the CMA terms and conditions set forth above. Upgrading prior purchases to iTunes Plus does not affect the time limits applicable to CMA availability.

For more information about iTunes Plus, please read the FAQ at http://docs.info.apple.com/article.html?artnum=305232.

RING TONES

Ring tone Products available for purchase on the iTunes Store are usable only on iPhones, and may be purchased only through the iTunes Store available on iPhones (not using computers). Ring tone Products are subject to specific Usage Rules; please see the iTunes Store Terms of Service for details.

SEASON PASS, MULTI-PASS

Season Pass includes all currently available (if any) and future episodes of the purchased program season, as may be indicated on the iTunes Store for the particular Season Pass. Multi-Pass includes the episodes of the purchased program specified on the purchase page. The full price of the Season Pass or Multi-Pass is charged upon purchase. No refunds, returns or cancellations after purchase. In the event that a network or studio delivers fewer episodes than planned at the time of your Season Pass purchase (and as may have been indicated on the iTunes Store for the particular Season Pass), we will credit to your Account the retail value of the corresponding number of TV episodes. For example, if a Season Pass has 22 planned episodes at the time of your purchase, but the network or studio only delivers 20 episodes, we will credit to your Account an amount equal to the retail price of two TV episodes. Currently available purchased episodes (if any) download upon purchase of the Season Pass or Multi-Pass. Future purchased episodes become available for download as they appear on the iTunes Store, and may then be downloaded by the purchaser by connecting to the iTunes Store on your computer and selecting Check for Available Downloads in the Store menu in iTunes 8 and 9 (or Check for Purchases in the Store menu in iTunes 7). Purchaser must connect to iTunes and download any remaining episodes in the Season Pass or Multi-Pass within 90 days after the final purchased episode becomes available on iTunes (or such other time period as may be specified on the purchase page), after which such remaining episodes may no longer be available for download as part of the Season Pass or Multi-Pass purchase. Automatic renewal is available for Multi-Pass purchases. If automatic renewal is selected when you purchase a Multi-Pass, you will be charged the full price of each subsequent Multi-Pass cycle and the corresponding episodes will become available to you as set forth above, unless and until you cancel automatic renewal prior to the beginning of any such subsequent Multi-Pass cycle. Automatic renewal of Multi-Pass purchases may be disabled prior to purchase of the current Multi-Pass cycle by unchecking the "Automatically renew this Multi-Pass" check box in the purchase dialog box on your computer. In addition, Season Pass and Multi-Pass purchases may be reviewed, and automatic renewal may be selected or canceled for any current or future Multi-Pass that you have purchased, in the Manage Passes section of your Account, on your computer. Once a subsequent Multi-Pass cycle has been purchased pursuant to an automatic renewal, it may no longer be cancelled and there are no refunds or returns. Season Passes and Multi Passes cannot be purchased or managed from your iPod touch or iPhone.

Please also see Upgrades below.

iTUNES PASS

iTunes Pass provides purchasers with a select variety of content (which may comprise songs, albums, music videos, and editorial content) made available by a particular artist, group, or group of artists during a pre-determined, set time period (the "Pass Period"). The full price of the iTunes Pass is charged at the time of purchase. The purchase price of the iTunes Pass will not exceed the fair market value of the individual items offered as part of the iTunes Pass. No refunds, returns or cancellations. Currently available content (if any) will download upon purchase of the iTunes Pass. Future iTunes Pass content becomes available for download as it is made available on iTunes. To download, connect to iTunes and select Check for Available Downloads in the Store menu in iTunes 8 and 9 (or Check for Purchases in the Store menu in iTunes 7) on your computer. Any new content available as a part of a purchased iTunes Pass will then download. Purchaser must connect to iTunes on their computer and download any remaining iTunes Pass content within 90 days after the end of the Pass Period (or such other time period as may be specified on the purchase page), after which such remaining content may no longer be available for download as part of the iTunes Pass purchase. iTunes Passes cannot be purchased or managed from your iPod touch or iPhone.

iTUNES LP AND iTUNES EXTRAS

iTunes LP and iTunes Extras Products are usable only on computers with iTunes 9 or higher and Apple TV with software version 3.0 or higher.

If you purchase a Product (e.g., a music album or movie) that includes an iTunes LP or iTunes Extras using an iPhone or iPod touch, the iTunes LP or iTunes Extras will not download to your iPhone or iPod touch and instead will be added to your download queue, and you may add it to the iTunes library on your Apple-authorized computer by selecting Check for Available Downloads in the Store menu in iTunes 9. In order to enjoy all the features of the iTunes LP or iTunes Extras, you also will need to sync the purchased content that was downloaded to your iPhone or iPod touch to the same Apple-authorized computer to which the iTunes LP or iTunes Extras was downloaded. If your computer does not yet have iTunes 9, you will need to install iTunes 9 in order to download and use the iTunes LP or iTunes Extras purchased on your iPhone or iPod touch. Please see Upgrades below.

UPGRADES

The latest version of the iTunes software is recommended to access the iTunes Store. From time to time, an upgrade to the latest version of the iTunes software may be required in order to make transactions from the iTunes Store, to download Products previously purchased from the iTunes Store (for example, Products in your download queue) or to take advantage of new features of the iTunes Store. The latest version of the iTunes software is available for download at no charge, and the minimum system requirements for running it are provided, at http://www.apple.com/ca/itunes/download/. Use of iTunes software is subject to acceptance of its software license agreement presented at the time of installation. For any additional questions regarding required upgrades, please contact iTunes Store Customer Service (see below).

iTunes reserves the right to enhance Products purchased or rented (as applicable) from the iTunes Store, including Products purchased but not yet downloaded. Among other things, such enhancements may result in larger file sizes (requiring, for example, longer download times and additional disk space for storage).

MOVIE RENTALS

Movies are viewable only on your Mac or Windows computer (using iTunes version 7.6 or later), iPhone, iPod touch, iPod nano (3rd or 4th generation), iPod classic, or on TVs using your Apple TV. Movies in high definition resolution (HD) are viewable only on TVs using your Apple TV and must be downloaded directly to your Apple TV. Movies are viewable only on one device at a time.

You may move movie rentals between your Mac or Windows computer and other compatible devices, but not directly between two computers or between two such other compatible devices. Movies rented using your Apple TV may not be moved. You must be connected to the iTunes Store when moving movie rentals. Once a movie rental is moved, it is no longer viewable on the sending device or computer.

You have thirty (30) days after downloading a movie to begin viewing. Once you begin viewing, you have forty-eight (48) hours to view the movie (the “Viewing Period”). You may view the movie an unlimited number of times during the Viewing Period. Movies are not viewable after the thirty (30) day period. Stopping, pausing or restarting a movie does not extend the available time for viewing.

If you move a movie to an iPod or iPhone and then use iTunes to restore the iPod or iPhone before you finish watching it, the movie will be deleted and will not be recoverable. This also applies to choosing Settings > Reset > Erase all content and settings on iPod touch and iPhone.

Broadband Internet connection required.

For more information about Movie Rentals, please read the iTunes Store Movie Rental FAQ http://www.info.apple.com/kbnum/n307257

HDMI

An HDCP connection is required in order to view movies (purchased or rented) and TV shows transmitted over HDMI.

HIGH DEFINITION PRODUCTS

Products in high definition resolution (HD) are viewable only on computers or TVs using your Apple TV; however, HD Products purchased also include a standard definition version delivered to your computer that may be transferred to your iPod or iPhone.

PRICES

The iTunes Store endeavours to offer you competitive prices on current selections. iTunes reserves the right to change prices for Products offered at the iTunes Store at any time, and does not provide price protection or refunds in the event of a price drop or promotional offering.

CONTENT AVAILABILITY

The iTunes Store makes every effort to provide a broad content offering. For this reason, iTunes reserves the right to change content options without notice. On occasion, a Product may become unavailable following a transaction but prior to download. Your sole remedy in such cases is a refund of the price paid for the unavailable Product. Please contact iTunes Store Customer Service for assistance in such cases (see below).

FOR ASSISTANCE WITH ORDERS - iTUNES STORE CUSTOMER SERVICE

For assistance with billing questions or other order inquiries, please refer to our online support page by clicking here http://www.apple.com/ca/support/itunes/store/. If you cannot find the answers you are seeking in our robust knowledge base, you can contact us by visiting the following URL http://www.apple.com/ca/support/itunes/store/, clicking on the appropriate Customer Service topic, then using the contact button or email form at the bottom of the page. Responses to emails will be provided as soon as possible.

CONTENT USAGE RULES

Your use of any Products purchased or rented (as applicable) from the iTunes Store is conditioned upon your prior acceptance of the Terms of Service, including, without limitation the Usage Rules, set forth therein.

OTHER TERMS AND CONDITIONS

iTunes is not responsible for typographic errors.

iTunes reserves the right to change the terms and conditions of sale at the iTunes Store at any time. Revised Terms of Sale will be made available on our website. Customers are encouraged to review the Terms of Sale on a periodic basis for modifications.

All transactions on the iTunes Store are governed by California law, without giving effect to its conflict of law provisions. Risk of loss and title for all electronically delivered transactions pass to the purchaser or renter (as applicable) in California upon electronic transmission to the recipient. No Apple employee or agent has the authority to vary any of the iTunes Store's policies or the terms and conditions governing any sale. If any of the terms in these Terms of Sale are not valid or legally enforceable, the other terms will not be affected.

View the iTunes Music Gift Certificate, iTunes Cards, Content Codes and Monthly Allowance Terms and Conditions, which form part of these Terms of Sale at http://www.apple.com/legal/itunes/ca/terms.html#GIFTS.

Last updated: October 29, 2009

Pour lire ces Conditions générales en français, cliquez ici: http://www.apple.com/legal/itunes/cafr/terms.html#SERVICE

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THIS IS A LEGAL AGREEMENT BETWEEN YOU AND APPLE INC. (“iTUNES”) STATING THE TERMS THAT GOVERN YOUR USE OF THE iTUNES STORE SERVICE. THIS AGREEMENT—TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS, SOFTWARE LICENSES, AND ALL OF iTUNES/APPLE RULES AND POLICIES REFERRED TO IN THIS AGREEMENT—COLLECTIVELY CONSTITUTE THE “AGREEMENT” BETWEEN YOU AND iTUNES. TO AGREE TO THESE TERMS, CLICK “AGREE.” IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK “AGREE,” AND DO NOT USE THE SERVICE. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU; CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND iTUNES MAY REFUSE ACCESS TO THE iTUNES STORE FOR NON-COMPLIANCE WITH ANY PART OF THIS AGREEMENT.

1. Definition of the iTunes Store Service. iTunes is the provider of the iTunes Store (the “Service”) that permits you to purchase or rent (as applicable) a license for downloads of digital content—such as sound recordings, videos (including movies and television shows), software, and ring tones — under certain terms and conditions as set forth in this Agreement.

2. Age requirements for use of the Service. This Service is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you must review these terms and conditions with your parent or legal guardian to make sure that you and your parent or legal guardian understand these terms and conditions and agree to be bound hereby.

3. Objectionable Material. You understand that by using the Service, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Service at your sole risk and that iTunes shall have no liability to you for content that may be found to be offensive, indecent, or objectionable. Content types (including genres, sub-genres and Podcast categories and sub-categories and the like) and descriptions are provided for convenience, and you acknowledge and agree that iTunes does not guarantee their accuracy.

4. System Requirements. Use of the Service requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Service involves hardware, software, and Internet access, your ability to use the Service may be affected by the performance of these factors. High speed Internet access is strongly recommended (and is required for Movie Rentals). You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. The Service is not part of any other product or offering, and no purchase or rental (as applicable) or obtaining of any other product shall be construed to represent or guarantee you access to the Service.

5. Policies and Rules. Your use of the Service and transactions made through it are subject to the iTunes Terms of Sale at http://www.apple.com/legal/itunes/ca/terms.html#SALE, which can be readily viewed on the Service, and any end-user agreements or other terms and conditions required for use of the Service, all of which are hereby made a part of this Agreement. If you have not already read iTunes’ Terms of Sale, you should do so now. Your purchase of software products made through the Service is subject to any end-user agreements or other terms and conditions required for use of such products, all of which are hereby made a part of this Agreement.

6. PRIVACY

a. Apple’s Privacy Policy. Except as otherwise expressly provided for in this Agreement, the Service is subject to Apple’s Privacy Policy at http://www.apple.com/legal/privacy/, which is expressly made a part of this Agreement. If you have not already read Apple’s Privacy Policy, you should do so now.

b. GENIUS. When you opt-in to the Genius feature, Apple will, from time to time, automatically collect information that can be used to identify media in your iTunes library on this computer, such as your play history and play lists. This includes media purchased through iTunes and media obtained from other sources. This information will be stored anonymously and not associated with your name or iTunes account. When you use the Genius feature, Apple will use this information and the contents of your iTunes library, as well as other information, to give personalized recommendations to you.

Apple may only use this information and combine it with aggregated information from the iTunes libraries of other users who also opt-in to this feature, your iTunes Store purchase history data, aggregated purchase history data from other iTunes Store users, and other information obtained from third parties, to:

• Create personalized playlists for you from your iTunes library.

• Provide you with recommendations regarding media and other products and services that you may wish to purchase.

• Provide recommendations regarding products and services to other users.

At all times your information will be treated in accordance with Apple’s Customer Privacy Policy which can be viewed at: www.apple.com/legal/privacy/.

Once you opt-in to the Genius feature, you will be able to create Genius playlists on Genius-capable devices. You must sync with your iTunes library after you have opted-in on iTunes to enable the Genius feature on a device.

If you would prefer we not collect and use information from your iTunes library in this manner, you should not enable the Genius feature. You can revoke your opt-in choice at any time by choosing to turn off the Genius feature from the Store menu on your computer. Upon opting-out, iTunes will no longer send information about your iTunes library to Apple. If you have elected to share your library from multiple computers, you need to turn off the Genius feature from each computer. The Genius feature cannot be enabled or disabled from your iPod touch or iPhone.

By opting-in to the Genius feature, you consent to the use of your information as described above and as described in the Apple Customer Privacy Policy.

c. Genius for Apps. When you opt-in to the Genius for Apps feature, Apple will, from time to time, automatically collect information related to the applications on your device, such as your time spent with each application and the number of times each application is launched. This information will be stored anonymously and not associated with your name or iTunes account. When you use the Genius for Apps feature, Apple will use this information, as well as other information, such as your application download history, to give personalized recommendations to you.

Apple may use this information and combine it with aggregated information from other users who opt-in to this feature, your iTunes Store purchase history data, your App Store download data, aggregated application download data from other users, and other information like customer ratings of applications, to:

• Provide you with App recommendations regarding applications, media, and other products and services that you may wish to purchase, download, or use.

• Provide recommendations to other users.

At all times your information will be treated in accordance with Apple’s Customer Privacy Policy which can be viewed at: www.apple.com/legal/privacy/.

Once you opt-in to the Genius feature, you will be able to create Genius recommendations on that device.

If you would prefer we not collect and use information from your device in this manner, you should not enable the Genius feature. You can revoke your opt-in choice at any time by turning off the Genius feature from the App Store Account page on your device. If you have elected to share Genius for Apps information from multiple devices, you need to turn off the Genius feature from each device.

7. Your Information. You agree to provide accurate, current, and complete information required to register with the Service and at other points as may be required in the course of using the Service ("Registration Data"). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. iTunes may terminate your rights to any or all of the Service if any information you provide is false, inaccurate or incomplete. You agree that iTunes may store and use the Registration Data you provide (including payment card information) for use in maintaining your accounts and billing fees to your payment card.

8. User Account and Security.

a. Account and Password. As a registered user of the Service, you may receive or establish an account (“Account”). You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else or use anyone else’s Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify iTunes of any unauthorised use of your Account or any other breach of security. iTunes shall not be responsible for any losses arising out of the unauthorized use of your Account which is not due to the negligence of iTunes.

b. Security. You understand that the Service, and products transacted through the Service, such as sound recordings, videos (including movies and television shows), games, software, ring tones, and related artwork (“Products”), include a security framework using technology that protects digital information and limits your usage of Products to certain usage rules established by iTunes and its licensors (“Usage Rules”). You agree to comply with such Usage Rules, as further outlined below, and you agree not to violate or attempt to violate any security components. You agree not to attempt to, or assist another person to, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components related to such Usage Rules for any reason whatsoever. Usage Rules may be controlled and monitored by iTunes for compliance purposes, and iTunes reserves the right to enforce the Usage Rules with or without notice to you. You will not access the Service by any means other than through software that is provided by iTunes for accessing the Service. You shall not access or attempt to access an Account that you are not authorized to access. You agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to the Service. Violations of system or network security may result in civil or criminal liability.

9. Purchase or Rental of iTunes Content

a. Products Requirements. You acknowledge that use of Products may require the use of other hardware and software products (e.g., the ability to make copies of Products on physical media and render performance of Products on authorized digital player devices), and that such hardware and software is your responsibility. Products may only be downloaded once; after being downloaded, they cannot be replaced if lost for any reason. Once a Product is purchased or rented (as applicable) and you receive the Product, it is your responsibility not to lose, destroy, or damage the Product, and iTunes shall be without liability to you in the event of any loss, destruction, or damage to Products which is not due to the negligence of iTunes.

b. Use of Products. You agree that the Products are provided to you by way of a license only. You acknowledge that Products (other than the iTunes Plus Products) contain security technology that limits your usage of Products to the following Usage Rules, and, whether or not Products are limited by security technology, you agree to use Products in compliance with the applicable Usage Rules.

Usage Rules.

(i) Your use of the Products is conditional upon your prior acceptance of the terms of this Agreement.

(ii) You shall be authorized to use the Products only for personal, non-commercial use, and not for redistribution, transfer, assignment or sublicence, to the extent permitted by law.

(iii) Your license of Products as authorized hereunder permits you to use the Products on up to five iTunes-authorised devices at any time, except in the case of Movie Rentals, as described below.

(iv) You shall be able to store Products from up to five different Accounts on certain devices, such as an iPod or iPhone, and Apple TV at a time; provided that each iPhone may sync ring tone Products with only a single Apple-authorized device at a time, and that syncing an iPhone with another Apple-authorized device will cause any ring tone Products stored on such iPhone to be erased and, if you so choose, to be replaced with any ring tone Products stored on such other Apple-authorized device. Additional restrictions apply to Movie Rentals, as described below.

(v) You shall be authorised to burn an audio playlist up to seven times.

(vi) You shall not be entitled to burn Video Products or ring tone Products.

(vii) You shall be entitled to export, burn (if applicable) or copy Products solely for personal, noncommercial use.

(viii) You may use only ring tone Products as a musical "ringer" in connection with phone calls.

(ix) Any burning (if applicable) or exporting capabilities are solely an accommodation to you and shall not constitute a grant or waiver (or other limitation or implication) of any rights of the copyright owners in any audio or video content, sound recording, underlying musical composition, or artwork embodied in any Product.

(x) You agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the Service or used to administer the Usage Rules, or interfere with, remove or alter any rights management information on the Products.

(xi) The delivery of Products does not transfer to you any commercial or promotional use rights in the Products.

(xii) iTunes Plus Products do not contain security technology that limits your usage of such Products, and Usage Rules (iii) – (vi) do not apply to iTunes Plus Products. You may copy, store and burn iTunes Plus Products as reasonably necessary for personal, noncommercial use.

(xiii) Usage rules for software Products are governed by the terms of any end-user agreement or other terms and conditions required for use of such products.

(xiv) You shall be able to manually sync a movie from at least one iTunes-authorized device to devices that have manual sync mode, provided that the movie is associated with an Account on the primary iTunes-authorized device, where the primary iTunes-authorized device is the one that was first synced with the device, or the one that you subsequently designate as primary using iTunes.

(xv) Movie Rentals:

(aa) Movies are viewable only on your Mac or Windows computer (using iTunes 7.6 or later), iPhone, iPod touch, iPod nano (3rd or 4th generation), iPod classic, or on TVs using your Apple TV. Movies in high definition resolution (HD) are viewable only on TVs using your Apple TV and must be downloaded directly to your Apple TV. Movies are viewable only on one device at a time.

(bb) You may move movie rentals between your Mac or Windows computer and other compatible devices, but not directly between two computers or between two such other compatible devices. Movies rented using your Apple TV may not be moved. You must be connected to the Service when moving movie rentals. Once a movie rental is moved, it is no longer viewable on the sending device or computer.

(cc) You have thirty (30) days after downloading a movie to begin viewing. Once you begin viewing, you have forty-eight (48) hours to view the movie (the “Viewing Period”). You may view the movie an unlimited number of times during the Viewing Period. Movies are not viewable after the thirty (30) day period. Stopping, pausing or restarting a movie does not extend the available time for viewing.

(dd) If you move a movie to an iPod or iPhone and then use the Service to restore the iPod or iPhone before you finish watching it, the movie will be deleted and will not be recoverable. This also applies to choosing Settings > Reset > Erase all content and settings on iPod touch and iPhone.

(ee) Broadband Internet connection required.

(xvi) HDMI. An HDCP connection is required in order to view movies (purchased or rented) and TV shows transmitted over HDMI.

c. You agree that your purchase or rental (as applicable) of Products constitutes your acceptance of and agreement to use such Products solely in accordance with the Usage Rules, and that any other use of the Products may constitute a copyright infringement. The security technology, if applicable, is an inseparable part of the Products. The Usage Rules shall govern your rights with respect to the Products, in addition to any other terms or rules that may have been established between you and another party. iTunes reserves the right to modify the Usage Rules at any time.

d. You acknowledge that some aspects of the Service, Products, and administering of the Usage Rules entails the ongoing involvement of iTunes. Accordingly, in the event that iTunes changes any part of the Service or discontinues the Service, which iTunes may do at its election, you acknowledge that you may no longer 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.

e. The Service may offer interactive features that allow you to, among other things, submit or post information, materials or links to third party content on areas of the Service accessible and viewable by other users of the Service and the public. You represent and agree that any use by you of such features, including any information, materials or links submitted or posted 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, and that you have obtained all necessary rights, licenses or clearances. You further agree to provide accurate and complete information in connection with your submission or posting of any information or materials on the Service. Moreover, you hereby grant iTunes a worldwide, royalty-free, non-exclusive license to use such materials as part of the Service, and in relation to Products, without any compensation or obligation to you. iTunes reserves the right not to post or publish any materials, and to delete, remove or edit any material, at any time in its sole discretion without liability.

iTunes has the right, but not the obligation, to monitor any information and materials submitted or posted by you or otherwise available on the Service, 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, under Section 14 below or under our Copyright Policy (http://www.apple.com/legal/copyright.html).

10. Territory. The Service is currently available to you only in Canada and is not available in any other location. You agree not to use or attempt to use the Service from outside of the available territory, and that iTunes may use technologies to verify your compliance.

11. Agreement to Pay.

a. Payment for Products. You agree to pay for all Products you purchase or rent (as applicable) through the Service, and that iTunes may charge your payment card for any Products purchased or rented (as applicable), and for any additional amounts (including any taxes and late fees, as applicable) as 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 CARD FOR PAYMENT OF ALL FEES. All fees will be billed to the payment card you designate during the registration process. If you want to designate a different payment card or if there is a change in your payment card status, you must change your payment card information online at the Account Info section of the Service. (There may be a temporary disruption of your access to the Service until iTunes can verify the validity of the new payment card information.)

b. Right to Change Prices and Availability of Products. Prices and availability of any Products are subject to change at any time.

c. Electronic Signatures and Contracts. Your use of the Service includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. 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.

d. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

12. Delivery of Products.

a. Interrupted Delivery to iPod or iPhone. If delivery of a Product you purchased or rented (as applicable) on an iPod or iPhone is interrupted, your transaction will be included in your download queue. You may resume the delivery to your Apple-authorized device by selecting Check for Available Downloads in the Store menu in iTunes 8 and 9 (or Check for Purchases in the Store menu in iTunes 7) on your computer, or the download section on your iPod touch or iPhone.

b. Technical Problems. On occasion, technical problems or file sizes may delay or prevent delivery of your Product. Your exclusive and sole remedy with respect to Product that is not delivered within a reasonable period will be either replacement of such Product, or refund of the price paid for such Product, as determined by iTunes.

13. Intellectual Property.

a. Acknowledgement of Ownership. You agree that the Service, including but not limited to Products, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Service, contains proprietary information and material that is owned by iTunes and/or its 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 information or materials in any way whatsoever except for use of the Service in compliance with the terms of this Agreement. No portion of the Service 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 Service, in any manner, and you shall not exploit the Service in any unauthorised way whatsoever, including but not limited to, by trespass or burdening network capacity.

b. Removal of iTunes Content or Other Materials. Notwithstanding any other provision of this Agreement, iTunes and its licensors reserve the right to change, suspend, remove, or disable access to any Products, content, or other materials comprising a part of the Service at any time without notice. In no event will iTunes be liable for the removal of or disabling of access to any such Products, content or materials under this Agreement. iTunes may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability.

c. Copyrights. All copyrights in and to the Service, including but not limited to, the iTunes Store (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), and software, are owned by iTunes and/or its licensors. THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THESE TERMS OF SERVICE, 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.

d. Trademarks. Apple, the Apple logo, iTunes, 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 U.S., Canada 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 with respect to any of the aforesaid trademarks and any use of such trademarks.

e. Album Cover Art. As an account holder of the Service in good standing, iTunes may provide you with limited access to download certain album cover art for music stored in the iTunes Library of your iTunes application, subject to availability. Such access is provided as an accommodation only, and iTunes does not warrant or endorse and does not assume and will not have any liability or responsibility for such album cover art or your use thereof. You may only access album cover art (to the extent available) for music for which you are the lawful owner of a legal copy. Album cover art is provided for personal, noncommercial use only. You agree that you will not use album cover art in any manner that would infringe or violate these Terms of Service or the rights of any other party, and that iTunes is not in any way responsible for any such use by you.

14. Termination.

a. Termination by iTunes. If you fail, or iTunes suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due, failure to provide iTunes with a valid payment card or with accurate and complete Registration Data, failure to safeguard your Account information, or violation of the Usage Rules or any license to the software, or infringement or violation of third parties" rights, 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 Service (or any part thereof).

b. Termination of the Service. iTunes reserves the right to modify, suspend, or discontinue the Service (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.

15. General Compliance with Laws. The Service is controlled and operated by iTunes from its offices in the U.S. You agree to comply with all local, provincial and federal laws that apply to your use of the Service.

16. Enforcement of These Terms. iTunes reserves the right to takes steps iTunes believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to iTune’s right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party’s rights). 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’ right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party’s rights).

17. No Responsibility for Third-Party Materials or websites. Certain content, Products, and services available via the Service may include materials from third parties. In addition, iTunes may provide links to certain third-party websites. You acknowledge and agree that iTunes is not responsible for examining or evaluating the content or accuracy of any such third-party material or websites. iTunes does not warrant or endorse and does not assume 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. Links to other websites are provided solely as a convenience to you. 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.

18. Disclaimer of Warranties; Liability Limitations.

a. iTUNES WARRANTS THAT IT WILL PROVIDE THE SERVICE WITH REASONABLE CARE AND SKILL AND SUBSTANTIALLY IN ACCORDANCE WITH THIS AGREEMENT. EXCEPT AS PROVIDED HEREIN, THERE ARE NO OTHER WARRANTIES, CONDITIONS OR PROMISES ABOUT THE SERVICE, EXPRESSED OR IMPLIED, AND ALL SUCH WARRANTIES, CONDITIONS AND PROMISES ARE EXCLUDED TO THE FULL EXTENT PERMITTED BY LAW. WITHOUT LIMITATION TO THE FOREGOING:

(i) iTUNES DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME iTUNES MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU;

(ii) iTUNES DOES NOT GUARANTEE, REPRESENT OR WARRANT THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND iTUNES DISCLAIMS ANY LIABILITY RELATING THERETO. 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 ITUNES STORE THAT ARE STORED IN YOUR SYSTEM.

b. IN NO CASE SHALL iTUNES, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY iTUNES, ITS EMPLOYEES OR AGENTS WHERE:

(i) THERE IS NO BREACH OF A LEGAL DUTY OF CARE OWED TO YOU BY iTUNES OR BY ANY OF OUR EMPLOYEES OR AGENTS;

(ii) SUCH LOSS OR DAMAGE IS NOT A REASONABLY FORESEEABLE RESULT OF ANY SUCH BREACH;

(iii) ANY INCREASE IN LOSS OR DAMAGE RESULTS FROM BREACH BY YOU OF ANY TERM OF THIS AGREEMENT.

iTUNES WILL NOT BE LIABLE FOR ANY LOSS OF INCOME, BUSINESS OR PROFITS, OR FOR ANY LOSS OR CORRUPTION OF DATA IN CONNECTION WITH YOUR USE OF THE SERVICE.

c. iTUNES SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND 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.

19. Waiver and Indemnity. BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD iTUNES, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, 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, 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 SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF iTUNE’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.

20. Changes. iTunes reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms”) will be effective immediately upon release and incorporated into this Agreement. Your continued use of the iTunes Store will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.

21. Notices. iTunes may send you notice with respect to the Service by sending an email message to the email address listed in your iTunes Account contact information, by sending a letter via postal mail to the contact address listed in your iTunes Account contact information, or by a posting on the iTunes Store. Notices shall become effective immediately.

22. Governing Law. The laws of the State of California, excluding its conflicts of law rules, govern these Terms of Service and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Apple or relating in any way to your use of the Service resides in the courts of the State of California.

23. Miscellaneous. This Agreement constitutes the entire agreement between you and iTunes and governs your use of the Service, superseding any prior agreements between you and iTunes. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third party content, or third party software. iTunes’ failure to enforce any right or provisions in these Terms of Service will not constitute a waiver of such provision, or any other provision of these Terms of Service. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. iTunes will not be responsible for failures to fulfil any obligations due to causes beyond its control.

Last updated: October 29, 2009

• • • • •

Pour lire ces Conditions générales en français, cliquez ici: http://www.apple.com/legal/itunes/cafr/terms.html#GIFTS

iTunes Store

Gift Certificate, iTunes Cards, Content Codes and Monthly Allowances

TERMS AND CONDITIONS

1. These Terms and Conditions are supplementary to the iTunes Store Terms of Sale, and apply specifically to gift certificates, iTunes Cards, content codes and monthly allowances.

2. Content codes expire on the date specified on the instrument containing the content code.

3. Gift certificates, iTunes Cards, content codes and monthly allowances, and unused balances, are not redeemable for cash and cannot be returned for a cash refund, exchanged, or used to purchase gift certificates or iTunes Cards or to provide monthly allowances.

4. Gift certificates, iTunes Cards, content codes and monthly allowances purchased in Canada must be redeemed through the Canadian iTunes Store, open only to persons above the age of 13. Not all products may be available. Content and pricing subject to availability at the time of actual download. Gift certificates, iTunes Cards, and monthly allowances may not be used to purchase software, games, or apps. Internet access and compatible software and hardware are required.

5. Access to, redemption of gift certificates, iTunes Cards, content codes and monthly allowances on, purchases from, and use of products purchased on, the iTunes Store, is subject to acceptance of its Terms of Service and Terms of Sale presented at the time of redemption or purchase, and found at www.apple.com/legal/itunes/ca/terms.html#SERVICE and www.apple.com/legal/itunes/ca/terms.html#SALE, respectively.

6. The latest version of the iTunes Software is recommended to access the iTunes Store. You may download the latest version of the iTunes Software at no charge, and review the minimum system requirements for running the iTunes Software, at http://www.apple.com/ca/itunes/download/. Use of iTunes software is subject to acceptance of its software license agreement presented at the time of installation.

7. Any unused balance will be placed in the recipient's applicable gift certificate/iTunes Card/content code/monthly allowance and is not transferable.

8. If your order exceeds the amount of your gift certificate, iTunes Card, content code or monthly allowance, you must establish an iTunes Store customer account and pay for the balance with a credit or debit card as detailed in the Terms of Sale.

9. Except as stated otherwise, data collection and use are subject to Apple's Privacy Policy, which can be found at http://www.apple.com/legal/privacy.

10. iTunes is not responsible for any loss or damage you suffer as a result of lost or stolen gift certificates, iTunes Cards, content codes or monthly allowances without your knowledge or permission. If you have any questions, please visit iTunes Store Customer Service at http://www.apple.com/ca/support/itunes/store/.

11. iTunes reserves the right to close customer accounts and request alternative forms of payment if a gift certificate, iTunes Card, content code or monthly allowance is fraudulently obtained or used on the iTunes Store.

12. If any valid gift certificate, iTunes Card, content code or monthly allowance is non-functional iTunes will replace such non-functional gift certificate, iTunes Card, content code or monthly allowance.

13. iTunes Cards are issued by iTunes. Each iTunes Card can only be used to obtain services through the particular iTunes Store specified on that iTunes Card.

14. iTunes reserves the right to change any of these Terms and Conditions from time to time by publishing a revised version on the iTunes Store.

15. If any of the terms in these Terms and Conditions are not valid or legally enforceable, the other terms will not be affected.

16. Risk of loss and title for gift certificates, content codes and monthly allowances transmitted electronically pass to the purchaser in California upon electronic transmission to the recipient.

17. Don't Steal Music. Music and other content purchased from the iTunes Store is for lawful, personal non-commercial use only and not for redistribution, transfer, assignment or sublicence. The lawful uses are set out on the iTunes Store website and in the Terms of Service and Terms of Sale.

Last updated: September 9, 2009