TOU) apply to the Ratings and Reviews feature on the Apple Online Store (
AOS) described at: Shopping Experience (
Ratings Feature) and the Apple Questions and Answers feature described at: Questions and Answers (the
Q&A Feature). The Apple Online Store, the Ratings Feature and the Q&A Feature are the property of Apple Canada Inc. (
THE RATINGS FEATURE AND THE Q&A FEATURE ARE NOT OFFERED TO PERSONS UNDER THE AGE OF 13. BY USING THE RATINGS FEATURE AND/OR THE Q&A FEATURE, YOU CERTIFY THAT YOU ARE ABOVE THE AGE OF 13 OR ACTING ONLY WITH PARENTAL CONSENT IF ABOVE THE AGE OF 13 BUT BELOW THE AGE OF MAJORITY IN YOUR PROVINCE OR TERRITORY. ALSO, BY USING THE RATINGS FEATURE AND/OR THE Q&A FEATURE, YOU CERTIFY THAT YOU AGREE TO THE TERMS AND CONDITIONS OF THE TOU. IF YOU DO NOT AGREE WITH THE TOU, DO NOT USE OR PARTICIPATE IN THE RATINGS FEATURE OR THE Q&A FEATURE.
WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO MODIFY THE TOU, AT ANY TIME AND WITHOUT NOTICE, BY POSTING SUCH MODIFICATIONS AND/OR THE ENTIRE REVISED TOU AT THE APPLICABLE LOCATION WITHIN THE AOS. IT IS YOUR RESPONSIBILITY TO CHECK THE TOU PERIODICALLY FOR SUCH MODIFICATIONS. YOUR CONTINUED USE OF AND/OR PARTICIPATION IN THE RATINGS FEATURE AND/OR THE Q&A FEATURE FOLLOWING THE POSTING OF ANY MODIFICATIONS TO THE TOU OR THE REVISED TOU WILL MEAN THAT YOU ACCEPT AND AGREE TO ALL SUCH MODIFICATIONS. AS LONG AS YOU COMPLY WITH THE TOU, YOU ARE GRANTED A PERSONAL, NON-EXCLUSIVE, NON-TRANSFERABLE, LIMITED PRIVILEGE TO USE THE RATINGS FEATURE AND THE Q&A FEATURE, AS APPLICABLE.
a. Participation. To join in and participate via the Ratings Feature and/or the Q&A Feature, you must first sign in using your Apple ID. If you have never registered with Us, you can set up a free account quickly and easily. Please note that you may not use inappropriate user names or impersonations (
Aliases). Aliases that violate this rule will be removed and users attempting to impersonate another user will be removed.
b. Minors. You must be at least 13 years old to post any content using the Ratings Feature or the Q&A Feature. If you are over 13 years old but have not yet reached the age of majority in the province or territory of which you are a resident, you must obtain your parent's or legal guardian's permission to use the Ratings Feature and/or the Q&A Feature before doing so.
c. No Interference. You agree not to interfere with or disrupt operation of the Ratings Feature or Q&A Feature.
d. Follow the law. Do not post or submit any User Content (defined below in Section 2(f)) that is intended to promote or commit or further the commission of an illegal act. In addition, do not send spam or submit software, links or descriptions of processes that break or otherwise
work around digital rights management software or hardware. This includes but is not limited to conversations about
e. Act Appropriately. We expect that you will post or submit User Content and use language that is relevant to the topic at issue and appropriate for general conversation, with no defamatory, insulting, misleading, obscene, sexually, or otherwise offensive (including but not limited to in a sexual, racial, cultural or ethnic context) references.
f. Right to Monitor. Apple may, but shall have no obligation or responsibility to, pre-screen, monitor and/or otherwise review the AOS for inappropriate User Content and/or inappropriate user conduct, without any notice to you. For purposes of this TOU,
User Content includes, any and all text, Reviews (defined below in Section 3(a)), links (including but not limited to Linked Sites, as defined in Section 2(k) below), graphics, photographs, images, trademarks, logos, artwork, music, sounds, videos and any and all other information and materials made available through or submitted via the Ratings Feature and/or the Q&A Feature. You understand that Apple assumes no responsibility for pre-screening, monitoring and/or reviewing (or failing to pre-screen, monitor and/or review) the AOS, the Ratings Feature or the Q&A Feature for inappropriate User Content or inappropriate user conduct.
g. No advertising or spam. Do not use the Ratings Feature or the Q&A Feature to promote, sell or market any business, products or services to others (e.g., User Content that is designed to advertise a book, service, software or some other item or service for sale.).
(i) You agree that all User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such content originated. This means that you are entirely responsible for any and all User Content that you post, submit, email or otherwise transmit to the AOS or through the Ratings Feature and/or the Q&A Feature. We do not control any of the User Content posted on the AOS or transmitted via the Ratings Feature or the Q&A Feature and, as such, We do not guarantee the accuracy, suitability, integrity, non-infringement or quality of such User Content.
(ii) You understand that We cannot and do not guarantee that users will not make other uses of the User Content that you share. Therefore, if you have any User Content that you would like to keep confidential and/or which you don't want others to use, do not post such User Content on the AOS or submit it via the Ratings Feature or the Q&A Feature. APPLE AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR A USER'S MISUSE OR MISAPPROPRIATION OF ANY USER CONTENT THAT YOU POST ON THE AOS, OR SUBMIT OR MAKE AVAILABLE VIA THE RATINGS FEATURE OR THE Q&A FEATURE.
(iii) You agree that you will not include any personal information about you or any other person (e.g., email addresses, mailing addresses or phone numbers) in or referenced by any User Content that you post or otherwise make available on the AOS and/or any other Site (as that term is defined in Apple's Web Site Terms and Conditions of Use), or that you submit via the Ratings Feature or the Q&A Feature.
(iv) If you submit, post or otherwise make any User Content available via the Ratings Feature and/or the Q&A Feature, and unless Apple indicates otherwise, you grant Apple, its agents, affiliates and sublicensees an irrevocable, nonexclusive, royalty-free, perpetual, worldwide, transferable and fully sublicensable right and license to: (a) quote, re-post, use, reproduce, store, modify, adapt, publish, translate, create derivative works from, syndicate, license, print, distribute, transmit, broadcast, and otherwise communicate, and publicly perform and display all or any portion of the User Content on AOS and/or any other Site in any manner or form and by any means or methods (including but not limited to forums and chat rooms), whether now known or hereafter devised, without notice, payment or attribution of any kind to you, your heirs or any third party, and (b) use, reproduce, store, publish, translate, distribute, transmit, broadcast, and otherwise communicate and display the screen name or account name, the City and Province/Territory and/or the initials corresponding to the first and last name associated with your account and/or that you submit in connection with such User Content on the AOS and/or any other Site(s) in any manner or form and by any means or methods (including but not limited to forums and chat rooms), whether now known or hereafter devised, without notice, payment or attribution of any kind to you, your heirs or any third party.
(v) You represent and warrant that you own or otherwise control all of the rights in and to the User Content that you submit, post, share or otherwise make available, that the User Content is accurate and not misleading, that Our use of the User Content you supply does not violate the TOU and will not cause injury to any person or entity, and that you will indemnify Apple, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, licensees, subsidiaries and affiliates for all claims, losses and damages resulting from: (a) any and all User Content you supply, and (b) your violation of the TOU.
(vi) We reserve the right, in Our sole discretion, to reject or remove all or any portion of User Content that you post or submit and to elect not to make such User Content available, in whole or in part, through the AOS or any other Site.
i. Removal of User Content. Apple will make good faith efforts to investigate claims that User Content violates the TOU but Apple makes no warranty or representation to you that Apple will edit, remove or continue to permit the display of any User Content, whether or not such User Content is the subject of a claim. Apple reserves the right to reject, refuse to post or remove any User Content, in whole or in part, with or without prior notice or explanation, for any reason whatsoever, including but not limited to, User Content that, in Apple's opinion: (a) violates the TOU, (b) violates applicable law, or otherwise diminishes or tarnishes the value of the AOS, any other Site or Apple's brand. The decision to reject, refuse to post or remove any User Content is in Apple's sole and final discretion.
j. Violation of TOU. Apple may disclose any information We have about you (including your identity) if We determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Ratings Feature, the Q&A Feature or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Apple's rights or property, or the rights or property of visitors to or users of the AOS, the Ratings Feature and/or Q&A Feature, including Apple's customers. Apple reserves the right at all times to disclose any information that Apple deems necessary to comply with any applicable law, regulation, legal process or governmental request. Apple also may disclose your information when Apple determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that Apple may preserve any transmittal or communication by you with Apple through the Ratings Feature and/or Q&A Feature, and may also disclose such data and/or User Content, as applicable, if required to do so by law or Apple determines that such preservation or disclosure is reasonably necessary to: (1) comply with legal process; (2) enforce the TOU; (3) respond to claims that any such data or User Content violates the rights of others; or (4) protect the rights, property or personal safety of Apple, its employees, users of or visitors to the AOS, and the public.
You agree that Apple may, in its sole discretion and without prior notice, terminate your access to the Ratings Feature and/or Q&A Feature and/or block your future access to the Ratings Feature and/or Q&A Feature if We determine that you have violated the TOU. You also agree that any violation by you of the TOU will constitute an unlawful and unfair business practice, and will cause irreparable harm to Apple, for which monetary damages would be inadequate, and you consent to Apple obtaining any injunctive or equitable relief that Apple deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Apple may have at law or in equity.
k. No Endorsement. Links to other independent third-party Web sites (
Linked Sites) may be included in User Content. Such Linked Sites are not under Apple's control, and Apple is not responsible for and does not endorse the content of such Linked Sites. In addition, Apple, its agents and affiliates assume no responsibility for and do not endorse or accept any advice, communications, content, information, recommendations, statements or views posted via the Ratings Feature or the Q&A Feature (including but not limited to User Content) as its Own or as representative of its views, and Apple expressly disclaims any and all liability in connection with User Content. By allowing User Content to be posted on the AOS or any other Site or made available via the Ratings Feature or the Q&A Feature, Apple, its agents and affiliates do not endorse any advice, communications, content, information, recommendations, statements or views or positions reflected in such User Content.
l. No Impersonation of Apple or its employees. In addition to the prohibition on the use of Aliases set forth in the General Terms and Conditions above, you may not impersonate any person or entity, including, but not limited to, an Apple officer, executive, forum leader, host or moderator, or falsely state or otherwise misrepresent your affiliation with Apple or any other person or business.
m. Suspension and Termination Rights. In addition to any other rights available to Apple, Apple may, in its sole discretion, suspend or terminate your Apple account immediately and without notice or explanation if: (a) you have or Apple believes you have violated or acted inconsistently with the spirit or the terms of the TOU, (b) you have or Apple believes you have violated or attempted to violate the rights of others, or (c) you have engaged in disruptive behavior on more than one occasion. In addition, Apple also reserves the right to cancel unconfirmed accounts or accounts that have been inactive for a long period time.
n. No Technical Support. Apple does not formally provide technical support for use of or in connection with the Ratings Feature or the Q&A Feature. Any information that is provided by Apple in connection with use of or access to the Ratings Feature and/or the Q&A Feature is offered on an
AS IS basis only, without warranties of any kind.
o. Void Where Prohibited. Apple administers and operates the AOS, including the Ratings Feature and the Q&A Feature, from a location in Cupertino, California USA. If you choose to access the AOS from outside the United States, you do so at your own initiative and you are solely responsible for complying with applicable local laws.
p. Disclaimers. APPLE DOES NOT PROMISE THAT THE AOS OR ANY CONTENT, SERVICE OR FEATURE AVAILABLE ON THE AOS, INCLUDING BUT NOT LIMITED TO THE RATINGS FEATURE AND THE Q&A FEATURE, WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE AOS, INCLUDING BUT NOT LIMITED TO THE RATINGS FEATURE THE Q&A FEATURE AND THEIR RESPECTIVE CONTENT, IS DELIVERED ON AN
AS-AVAILABLE BASIS. ALL INFORMATION PROVIDED ON THE AOS OR VIA THE RATINGS FEATURE OR THE Q&A FEATURE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN PARTICULAR, THERE IS NO WARRANTY THAT THE RATINGS FEATURE AND/OR THE Q&A FEATURE WILL MEET YOUR REQUIREMENTS OR THAT ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE RATINGS FEATURE AND/OR THE Q&A FEATURE WILL BE ACCURATE OR RELIABLE. APPLE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY USERS IN CONNECTION WITH OR RELATED TO YOUR USE OF THE AOS, THE RATINGS FEATURE AND/OR THE Q&A FEATURE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE AOS, THE RATINGS FEATURE, THE Q&A FEATURE, AND/OR ANY LINKED SITES. YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH THE RATINGS FEATURE AND/OR Q&A FEATURE OR ANY USER CONTENT IS TO STOP USING THE APPLICABLE FEATURE. THIS LIMITATION IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
q. Mitigation. Apple reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Ratings Feature, the Q&A Feature or any portions thereof, for any reason; (2) to modify or change the Ratings Feature, the Q&A Feature or any portions thereof and any applicable policies or terms; and (3) to interrupt the operation of the Ratings Feature, the Q&A Feature or any portions thereof, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
r. Limitation of Liability. Except where prohibited by law, in no event will Apple be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Apple has been advised of the possibility of such damages. If, notwithstanding the other provisions of the TOU, Apple is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Ratings Feature, the Q&A Feature or User Content provided via such Feature(s), Apple's liability shall in no event exceed one hundred Canadian dollars (Cda$100). Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
s. Governing Law and Venue. The TOU shall be governed by the laws of Canada and the internal substantive laws of the Province of Ontario, without respect to its conflict of laws principles. You agree to the personal jurisdiction by and venue in the provincial and federal courts in Toronto, Ontario, and waive any objection to such jurisdiction or venue; however, you may have other rights in the jurisdiction in which you reside. Any claim under the TOU must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses. You and We are each solely responsible for the payment of our respective lawyers' fees in the event of any dispute. In the event of any controversy or dispute between Apple and you arising out of or in connection with your use of the Ratings Feature and/or Q&A Feature, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
t. Severability. If there is a determination that any provision of the TOU is invalid or unenforceable, that determination will not affect the rest of the TOU and the TOU shall be deemed amended to the minimum extent necessary to make them valid and enforceable.
In addition to your obligations discussed in the General Terms and Conditions above, there are some additional rules that Apple requires you to follow when using the Ratings Feature.
a. No Commercial Users. The Ratings Feature is intended for users to help other users. Manufacturers, suppliers, retailers and merchants are not allowed to post or submit Reviews or any promotional or advertising information through the Ratings Feature.
b. Reviews Must Be Relevant. The Ratings Feature presents certain User Content consisting of ratings and reviews written by actual users of Apple Products and third party products (
Reviews). As a result, Apple asks that you submit only Reviews that are relevant to a particular product or product feature under discussion. Please do not post or submit any Reviews that discuss a different product or that otherwise distract from the focus of the product or product feature under discussion.
c. Prohibited User Content. In addition to the prohibitions discussed in the General Terms and Conditions above, you may not submit or post any Reviews or other User Content that discuss matters not relevant to a product's features, specifications or performance. Examples of Reviews that are prohibited include, but are not limited to, the following:
d. One Review Per Product. You may not submit more than one Review per product.
In addition to your obligations discussed in the General Terms and Conditions above, there are some additional rules that Apple requires you to follow when using the Q&A Feature.
a. Subscription. If you want to follow what users are saying regarding a particular Q&A discussion topic, you may elect to receive emails from Apple regarding that discussion topic. To receive emails, simply provide your email address on the Q&A page for the discussion topic or topics you want to follow. If you no longer want to follow a particular discussion topic, or you no longer want to receive any emails regarding Q&A topics, click the "Unsubscribe" link that appears at the end of Q&A emails and you will be taken to a subscription management page that allows you to unsubscribe from a particular topic or from all Q&A emails. If you want to stop following a discussion topic but still want to receive other Q&A emails, make sure the "Unsubscribe" link you click is in an email regarding the discussion topic you no longer wish to follow.
b. Prohibited User Content. In addition to the prohibitions discussed in the General Terms and Conditions above, you may not post or submit User Content via the Q&A Feature that includes matters not relevant to the product under discussion or the product's features, specifications or performance. Examples of prohibited User Content include, but are not limited to, the following:
c. User Content must be Relevant. If you submit User Content via the Q&A Feature, you will submit only User Content that is relevant to a particular product or product feature to which the Q&A discussion relates. Please do not post or submit any User Content that discusses a different product or that otherwise distracts from the focus of the product or product feature under discussion.
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