These terms cover Apple's website at www.apple.com and the associated sites Apple, its subsidiaries and affiliates link to it, including Apple sites around the world; together they are called the "Site". Simply using the Site counts as agreeing to these terms. If you do not agree, the terms tell you not to use the Site. They say the Site belongs to Apple Inc. and its licensors.
Supporting quotations
apply to the Apple web site located at www.apple.com, and all associated sites linked to www.apple.com by Apple, its subsidiaries and affiliates, including Apple sites around the world
BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
The Site is the property of Apple Inc. ("Apple") and its licensors.
Qualifications & exceptions
Agreement is formed by use of the Site, not by a separate click or signature.
Not stated here
The terms do not list which "associated sites" are covered beyond describing them as linked to www.apple.com by Apple, its subsidiaries and affiliates.
Legal Rights & Agreement Rules · Company practice
Apple can change these terms at any time and continued use means you accept
Apple reserves the right, at its sole discretion, to change, modify, add or remove parts of these terms at any time. You are responsible for checking the terms periodically. If you keep using the Site after changes are posted, that counts as accepting them. This paragraph does not promise any separate notice of a change beyond posting it.
Supporting quotations
Apple reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time.
It is your responsibility to check these Terms of Use periodically for changes.
Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.
Qualifications & exceptions
Acceptance of a change is tied to continued use after the change is posted.
Not stated here
The paragraph does not say how or where changes are posted or whether past versions are kept.
Legal Rights & Agreement Rules · Permission or license
You get a limited, personal privilege to use the Site while you follow these terms
Apple grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site, but only as long as you comply with these terms. The privilege is personal to you and cannot be transferred to anyone else.
Supporting quotations
As long as you comply with these Terms of Use, Apple grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
Qualifications & exceptions
The privilege depends on continued compliance with these terms.
Legal Rights & Agreement Rules · Restriction or exception
No unlawful use or soliciting illegal or infringing activity
You may not use the Site or any Content for any unlawful purpose or any purpose these terms prohibit, or to solicit illegal activity or activity that infringes the rights of Apple or others.
Supporting quotations
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Apple or others.
Legal Rights & Agreement Rules · Context
Purchases, contests, promotions and specific features can carry extra terms that become part of these terms
Additional terms may apply to purchases of goods or services and to specific parts or features of the Site, such as contests and promotions. Those terms are made part of these terms by reference, and you agree to follow them, including, where applicable, representing that you are old enough to use or take part in the service or feature. Those additional terms are not included in this document.
Supporting quotations
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference.
You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature.
Qualifications & exceptions
The additional terms apply only where they are posted for, or apply to, a purchase or a specific feature.
Not stated here
The additional terms themselves are not supplied in this source, so their content is unknown here.
No minimum age is stated in this document.
Legal Rights & Agreement Rules · Context
Feature-specific or service-specific terms win over these general terms if they conflict
If these terms conflict with terms posted for, or applying to, a specific part of the Site or a service offered through it, the specific terms control for your use of that part of the Site or that service.
Supporting quotations
If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.
Qualifications & exceptions
The priority applies only to your use of that specific portion or service.
Apple's duties for its products come only from the agreements under which they are provided
Whatever obligations Apple has for its products and services are governed solely by the agreements under which those products and services are provided. Nothing on the Site is to be read as changing those agreements. The phrase "if any" means this document does not itself say Apple has such obligations.
Supporting quotations
Apple’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
Not stated here
The product and service agreements referred to are not supplied in this source.
Legal Rights & Agreement Rules · Context
Nine linked Apple policies are made part of these terms but are not included in this document
These terms say that nine other Apple policies also govern your use of the Site and are incorporated by reference: Guidelines for Using Apple Trademarks & Copyrights; Rights & Permissions; Trademarks; Claims of Copyright Infringement; Piracy; Counterfeit Products; Apple's Unsolicited Idea Submission Policy; Software License Information; and Legal Contacts. Their text was not supplied with this source, so what they require is not analyzed here.
Supporting quotations
The following terms also govern and apply to your use of the Site, and they are incorporated herein by this reference:
Guidelines for Using Apple Trademarks & Copyrights
Rights & Permissions
Trademarks
Claims of Copyright Infringement
Piracy
Counterfeit Products
Apple’s Unsolicited Idea Submission Policy
Software License Information
Legal Contacts
Not stated here
The text of the nine incorporated policies is not part of this source; their obligations and any conflicts with these terms are unknown here.
Legal Rights & Agreement Rules · Company practice
Apple can change those linked policies at any time, effective as soon as posted
Each of the incorporated policies may be changed from time to time, and the changes take effect immediately when posted on the Site.
Supporting quotations
Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.
Not stated here
No separate notice of policy changes is described.
Apple's Privacy Policy applies to use of the Site and is part of these terms
Apple's Privacy Policy applies to your use of the Site, and its terms are made part of these terms by reference. The Privacy Policy is linked rather than included, so how Apple handles personal information is not analyzed from this document.
Supporting quotations
Apple’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference.
Not stated here
The Privacy Policy text is not supplied in this source; its version and content are unknown here.
Legal Rights & Agreement Rules · Context
Apple is not responsible for third-party sites linked from the Site
The Site may link to independent third-party websites ("Linked Sites"), provided only as a convenience. Those sites are not under Apple's control; Apple is not responsible for and does not endorse their content, and you must make your own judgment about interacting with them. The section heading also mentions links to the Apple Site, but the section contains no rule about linking to Apple's Site.
Supporting quotations
This Site may contain links to other independent third-party Web sites ("Linked Sites").
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, including any information or materials contained on such Linked Sites.
You will need to make your own independent judgment regarding your interaction with these Linked Sites.
Links to Other Sites and to the Apple Site
Not stated here
The heading names links "to the Apple Site", but no rule on linking to Apple's Site appears in this document.
Legal Rights & Agreement Rules · Restriction or exception
The Site is provided "as is", with no promise it works without errors or that downloads are virus-free
Apple does not promise that the Site or any content, service or feature on it will be error-free or uninterrupted, that defects will be fixed, or that using the Site will give specific results. The Site and its content are delivered "as-is" and "as-available", all information on it may change without notice, and Apple cannot ensure that files or data you download from it are free of viruses or other destructive features.
Supporting quotations
APPLE DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS.
THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS.
ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE.
APPLE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.
Legal Rights & Agreement Rules · Restriction or exception
Apple disclaims all warranties, including accuracy, merchantability and fitness for a purpose
Apple disclaims all warranties, express or implied, including warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose.
Supporting quotations
APPLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Not stated here
The warranty disclaimer itself states no exception for jurisdictions that restrict such disclaimers, unlike the damages exclusion and liability cap that follow it.
Legal Rights & Agreement Rules · Restriction or exception
Apple disclaims responsibility for third parties, and you take total responsibility for your use
Apple disclaims any and all liability for the acts, omissions and conduct of third parties connected with your use of the Site or any Apple services. You assume total responsibility for your use of the Site and any linked third-party sites.
Supporting quotations
APPLE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY APPLE SERVICES.
YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES.
Not stated here
The disclaimer refers to "any Apple services", which reach beyond the Site; how it interacts with those services' own agreements is not stated here.
Legal Rights & Agreement Rules · Restriction or exception
If you are unhappy with the Site, your only remedy against Apple is to stop using it
Your sole remedy against Apple for dissatisfaction with the Site or any content is to stop using the Site or that content. The terms describe this limit on relief as part of the bargain between you and Apple.
Supporting quotations
YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT.
THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
Qualifications & exceptions
The limit is stated for dissatisfaction with the Site or content; the separate liability cap still describes a maximum if Apple is found liable for damage or loss.
Legal Rights & Agreement Rules · Restriction or exception
The disclaimer covers failures, viruses, unauthorized access and any legal theory
The disclaimer applies to damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, or theft, destruction, unauthorized access to, alteration or use, whether the claim is for breach of contract, tort, negligence or any other cause of action.
Supporting quotations
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Legal Rights & Agreement Rules · Company practice
Apple can suspend, change or shut down the Site, and change its policies or terms, at any time without notice
Apple reserves the right, at any time and without notice, to: (1) modify, suspend or end operation of or access to all or part of the Site for any reason; (2) modify or change all or part of the Site and any applicable policies or terms; and (3) interrupt the Site as needed for routine or non-routine maintenance, error correction or other changes.
Supporting quotations
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 Site, or any portion of the Site, for any reason;
(2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and
(3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Legal Rights & Agreement Rules · Restriction or exception
Apple excludes indirect, consequential and punitive damages, except where the law prohibits it
Except where prohibited by law, Apple will not be liable to you for indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Apple was told such damages were possible.
Supporting quotations
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.
Qualifications & exceptions
The exclusion does not apply where prohibited by law.
Legal Rights & Agreement Rules · Restriction or exception
If Apple is found liable, the cap is the greater of six months of Site fees or US$100
If Apple is nevertheless found liable for damage or loss connected with your use of the Site or content, its liability will not exceed the greater of (1) the total subscription or similar fees paid for a service or feature of the Site in the six months before the first claim against Apple, not counting the purchase price of Apple hardware or software products or AppleCare or similar support, or (2) US$100. Some jurisdictions do not allow limits on liability, so this cap may not apply to you. Separately, the dispute section limits recovery to out-of-pocket expenses, apart from costs and attorneys' fees for the prevailing party.
Supporting quotations
Apple’s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against Apple
(but not including the purchase price for any Apple hardware or software products or any AppleCare or similar support program), or (2) US$100.00.
Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees.
Qualifications & exceptions
Hardware, software and AppleCare purchase prices are excluded from the fee measure.
The cap may not apply where a jurisdiction does not allow liability limits.
The dispute section separately restricts recoverable damages to out-of-pocket expenses.
Legal Rights & Agreement Rules · Restriction or exception
You agree to cover Apple's costs if a third party makes a claim arising from your use of the Site
You agree to indemnify and hold harmless Apple and its officers, directors, shareholders, predecessors, successors, employees, agents, subsidiaries and affiliates against any demands, loss, liability, claims or expenses, including attorneys' fees, made against Apple by a third party due to or in connection with your use of the Site.
Supporting quotations
You agree to indemnify and hold Apple, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Apple by any third party due to or arising out of or in connection with your use of the Site.
Qualifications & exceptions
The indemnity covers claims made by third parties, not Apple's own losses.
It is not limited to uses that break these terms; it reaches claims "in connection with" your use of the Site.
Legal Rights & Agreement Rules · Restriction or exception
You agree a violation causes Apple irreparable harm and consent to court orders against you
You agree that any violation of these terms is an unlawful and unfair business practice that will cause Apple irreparable harm that money cannot adequately fix, and you consent to Apple obtaining any injunctive or equitable relief Apple considers necessary or appropriate. These remedies are in addition to any other remedies Apple has at law or in equity.
Supporting quotations
You also agree that any violation by you of these Terms of Use 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.
Not stated here
Whether a court would accept these agreed characterizations is outside this document.
Legal Rights & Agreement Rules · Restriction or exception
Apple is not liable to you or anyone else for ending your access over a violation
You agree that Apple will not be liable to you or to any third party for terminating your access to the Site as a result of any violation of these terms.
Supporting quotations
You agree that Apple will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.
Qualifications & exceptions
The sentence covers termination resulting from a violation; it does not address terminations for the other listed causes.
California and US law govern, with courts in Santa Clara County, except EU consumers may sue at home
All matters about your access to or use of the Site, including disputes, are governed by the laws of the United States and the State of California, without regard to conflict-of-laws rules. You agree to personal jurisdiction and venue in the state and federal courts in Santa Clara County, California, and waive objections to them. That venue provision does not apply to consumers based in the European Union, who may bring a claim in the courts of the country where they live.
Supporting quotations
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions.
You agree to the personal jurisdiction by and venue in the state and federal courts in Santa Clara County, California, and waive any objection to such jurisdiction or venue.
The preceding provision regarding venue does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside.
Qualifications & exceptions
The EU exception is stated for the venue provision; the text does not say the governing-law choice changes for EU consumers.
Not stated here
The text does not say whether other countries' consumers have a similar exception.
Legal Rights & Agreement Rules · Restriction or exception
Claims must be brought within one year, except claims under separate purchase terms
Any claim under these terms must be brought within one year after the cause of action arises, or it is barred. Claims under the separate terms and conditions of purchase for goods and services are not subject to this one-year limit.
Supporting quotations
Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.
Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation.
Qualifications & exceptions
Purchase-term claims are excluded from the one-year deadline.
Legal Rights & Agreement Rules · Restriction or exception
Recovery is limited to out-of-pocket expenses, but the winning side gets costs and attorneys' fees
No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party is entitled to costs and attorneys' fees.
Supporting quotations
No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees.
Qualifications & exceptions
The fee award goes to whichever party prevails.
Not stated here
The sentence does not say whether it applies to both parties' claims or only to claims against Apple.
Disputes first go to good-faith talks, then either side may choose mediation, then other remedies
For any dispute arising from your use of the Site, you and Apple must try promptly and in good faith to resolve it. If that fails within a reasonable time, not more than 30 days, either party may submit the dispute to mediation. If mediation does not resolve it, both parties are free to pursue any right or remedy available under applicable law. The terms contain no arbitration requirement.
Supporting quotations
In the event of any controversy or dispute between Apple and you arising out of or in connection with your use of the Site, 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.
Qualifications & exceptions
Mediation is optional ("may"), not required, after the informal attempt.
Not stated here
The terms do not say what happens if neither party chooses mediation, or who runs it.
Legal Rights & Agreement Rules · Context
Not all features, products or services are available everywhere, and Apple can limit who gets them
Apple runs www.apple.com from Cupertino, California, while other Apple sites may be run from outside the United States. Although the Site can be reached worldwide, not all features, products or services on it are available to everyone or in every location, or appropriate or available for use outside the United States. Apple may, in its sole discretion, limit the provision and quantity of any feature, product or service to any person or area, and any offer on the Site is void where prohibited.
Supporting quotations
Apple administers and operates the www.apple.com Site from its location in Cupertino, California USA; other Apple sites may be administered and operated from various locations outside the United States.
Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States.
Apple reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area.
Any offer for any feature, product or service made on the Site is void where prohibited.
Legal Rights & Agreement Rules · Restriction or exception
If you use the Site from outside the US, you do so on your own and must follow local law
If you choose to access the Site from outside the United States, you do so on your own initiative and are solely responsible for complying with applicable local laws.
Supporting quotations
If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
Legal Rights & Agreement Rules · Restriction or exception
No using or exporting Site content, products or services in violation of export or other laws
You may not use, export or re-export any Content, any copy or adaptation of it, or any product or service offered on the Site in violation of applicable laws or regulations, including United States export laws and regulations.
Supporting quotations
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
Not stated here
The specific export laws are named only generally and are not supplied in this document.
Legal Rights & Agreement Rules · Context
If a court strikes down part of these terms, the rest stays in force
If a court or other competent tribunal holds any provision void or unenforceable, that provision is limited or removed only as much as necessary and replaced with a valid provision that best reflects the terms' intent, so the rest of the terms remain fully in effect.
Supporting quotations
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect.
Legal Rights & Agreement Rules · Context
These terms are the whole agreement about using the Site and replace earlier understandings
These terms are the entire agreement between you and Apple about your use of the Site, and they supersede and cancel all earlier written or oral agreements or understandings about that use. The terms elsewhere make additional purchase and feature terms, nine listed policies and the Privacy Policy part of them by reference.
Supporting quotations
These Terms of Use constitute the entire agreement between you and Apple with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Apple with respect to such use are hereby superseded and cancelled.
Qualifications & exceptions
The entire-agreement statement covers use of the Site; terms incorporated by reference are part of these terms.
Legal Rights & Agreement Rules · Restriction or exception
Apple rejects any counter-offer to these terms, except in a purchase agreement
Other than as provided in a purchase agreement you enter into with Apple, Apple will not accept any counter-offers to these terms, and all such offers are categorically rejected.
Supporting quotations
Other than as provided in a purchase agreement you enter into with Apple, Apple will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected.
Legal Rights & Agreement Rules · Context
Apple does not waive its rights by not enforcing them, and outsiders get no rights under these terms
If Apple does not insist on or enforce strict performance of these terms, that is not a waiver of any provision or right, and no course of conduct between Apple and you or anyone else modifies the terms. The terms give no rights or remedies to third parties.
Supporting quotations
Apple’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Apple of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Apple and you or any other party be deemed to modify any provision of these Terms of Use.
These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
Legal Rights & Agreement Rules · Context
Mentions of products not announced in your country do not mean they will be
Because Apple provides access to international data, the Site may mention Apple products, programs and services that have not been announced in your country. Such a mention does not imply that Apple in your country intends to announce them.
Supporting quotations
Apple provides access to Apple international data and, therefore, may contain references or cross references to Apple products, programs and services that are not announced in your country.
Such reference does not imply that Apple in your country intends to announce such products, programs or services.
Legal Rights & Agreement Rules · Context
The page states it was last updated on November 20, 2009, and its information can change without notice
The page says its information is subject to change without notice and that it was updated by the Apple Legal Team on Nov. 20, 2009. It carries a copyright notice for 1997-2009 Apple Inc. and lists Apple Inc.'s address as One Apple Park Way, Cupertino, California.
Supporting quotations
The information contained in this web site is subject to change without notice.
The page gives only the November 20, 2009 update date; whether any wording, such as the footer address, was edited later without a new date is not stated.