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.
Content & IP Rights · Context
Apple owns or licenses the Site's content and its look and feel
All text, graphics, interfaces, photos, trademarks, logos, sounds, music, artwork and computer code on the Site (called "Content"), including its design, structure, arrangement and "look and feel", is owned, controlled or licensed by or to Apple. The terms say this Content is protected by trade dress, copyright, patent and trademark laws and other intellectual property and unfair competition laws.
Supporting quotations
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content")
contained on the Site is owned, controlled or licensed by or to Apple, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Content & IP Rights · Restriction or exception
No copying, republishing or mirroring the Site or its content without Apple's written consent
Unless these terms expressly allow it, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way, including "mirroring", to another computer, server, website or medium for publication or distribution or for any commercial enterprise, without Apple's express prior written consent. One express exception in these terms lets you use certain downloadable product information under four conditions.
Supporting quotations
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring")
to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Apple’s express prior written consent.
Qualifications & exceptions
The ban is framed around copying to another computer, server, website or medium for publication, distribution or a commercial enterprise.
Apple's express prior written consent lifts the restriction.
The downloadable-information permission in the same section is an express exception.
Content & IP Rights · Permission or license
You may use Apple's downloadable product documents only for personal, non-commercial information, under four conditions
Information about Apple products and services that Apple purposely makes available for download from the Site (such as data sheets and knowledge base articles) may be used, provided that you: (1) keep any proprietary notice language in all copies; (2) use it only for your personal, non-commercial informational purpose and do not copy or post it on any networked computer or broadcast it in any media; (3) do not modify it; and (4) make no additional representations or warranties about the documents.
Supporting quotations
You may use information on Apple products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Apple for downloading from the Site
(1) not remove any proprietary notice language in all copies of such documents
(2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media
(3) make no modifications to any such information
(4) not make any additional representations or warranties relating to such documents
Qualifications & exceptions
The permission covers only materials Apple purposely made available for downloading.
No scraping, robots, spiders or deep-linking to pull material from the Site
You may not use a "deep-link", "page-scrape", "robot", "spider" or any other automatic device, program, algorithm or methodology, or an equivalent manual process, to access, acquire, copy or monitor any part of the Site or Content, or to reproduce or get around the Site's navigational structure or presentation, in order to obtain materials, documents or information through any means not purposely made available through the Site. Apple reserves the right to bar such activity.
Supporting quotations
You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content
to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.
Apple reserves the right to bar any such activity.
Qualifications & exceptions
The ban also covers equivalent manual processes, not only automated tools.
The sentence ties the ban to obtaining material through means the Site did not purposely make available.
Not stated here
The terms do not define "deep-link" or say whether ordinary links to Site pages fall within it.
Security & Safeguards · Restriction or exception
No hacking or other illegitimate attempts to get into the Site or connected systems
You may not try to gain unauthorized access to any part or feature of the Site, any systems or networks connected to it or to any Apple server, or any services offered through the Site, by hacking, password "mining" or any other illegitimate means.
Supporting quotations
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Apple server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.
Qualifications & exceptions
Attempts are prohibited, not only successful access.
Security & Safeguards · Restriction or exception
No probing, scanning or testing the Site's security
You may not probe, scan or test the vulnerability of the Site or any network connected to it, and you may not breach its security or authentication measures. This document states no exception for security research.
Supporting quotations
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site.
Not stated here
Whether any separate Apple program permits security testing is not addressed in this document.
Security & Safeguards · Restriction or exception
No tracing other users or using the Site to uncover other people's information
You may not reverse look-up, trace or try to trace information about any other user or visitor of the Site, or any other Apple customer, including any Apple account you do not own, back to its source. You also may not exploit the Site or anything offered through it for the purpose of revealing any information, including personal identification, other than your own information as the Site provides.
Supporting quotations
You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Apple, including any Apple account not owned by you, to its source
or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
Qualifications & exceptions
Your own information as provided by the Site is carved out.
Security & Safeguards · Restriction or exception
No overloading Apple's infrastructure
You agree not to take any action that puts an unreasonable or disproportionately large load on the infrastructure of the Site, on Apple's systems or networks, or on any systems or networks connected to the Site or to Apple.
Supporting quotations
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Apple’s systems or networks, or any systems or networks connected to the Site or to Apple.
Not stated here
The terms give no measure of what load is "unreasonable or disproportionately large".
Security & Safeguards · Restriction or exception
No interfering with the Site, its transactions or other people's use
You agree not to use any device, software or routine to interfere, or try to interfere, with the proper working of the Site, any transaction being conducted on it, or anyone else's use of the Site.
Supporting quotations
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
Security & Safeguards · Restriction or exception
No forging message origins or impersonating anyone
You may not forge headers or otherwise manipulate identifiers to disguise where a message or transmittal you send to Apple through the Site or its services comes from. You also may not pretend to be, or to represent, someone else, or impersonate any other person or entity.
Supporting quotations
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Apple on or through the Site or any service offered on or through the Site.
You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
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.
Charges & Financial Obligations · Company practice
Apple can change products, services and prices on the Site without notice, and product pages may be out of date
Apple may change any product or service offered on the Site, or its price, at any time and without notice. Product and service materials on the Site may be out of date, and Apple makes no commitment to update them.
Supporting quotations
Apple may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice.
The materials on the Site with respect to products and services may be out of date, and Apple makes no commitment to update the materials on the Site with respect to such products and services.
Not stated here
How a price change interacts with an order already placed is not addressed here; separate purchase terms may cover it.
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.
Account & Service Control · Restriction or exception
You are responsible for keeping your account and password confidential and for activity resulting from your failure
Some features or services on the Site may require an account, such as an Apple ID and password. You are entirely responsible for keeping your account information, including your password, confidential, and for all activity under your account that results from your failure to keep that information secure and confidential.
Supporting quotations
Certain features or services offered on or through the Site may require you to open an account (including setting up an Apple ID and password).
You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential.
Qualifications & exceptions
Responsibility for account activity is tied to activity resulting from your failure to keep the information secure, not all activity regardless of cause.
Account & Service Control · Procedure
Tell Apple immediately about unauthorized use of your account or any security breach
You agree to notify Apple immediately of any unauthorized use of your account or password, or any other breach of security.
Supporting quotations
You agree to notify Apple immediately of any unauthorized use of your account or password, or any other breach of security.
Not stated here
This document does not say how to notify Apple; the incorporated Legal Contacts page is not supplied.
Account & Service Control · Restriction or exception
You may be liable for others' losses if someone uses your account because you did not keep it secure
You may be held liable for losses suffered by Apple or by any other user or visitor of the Site when someone else uses your Apple ID, password or account because you failed to keep your account information secure and confidential.
Supporting quotations
You may be held liable for losses incurred by Apple or any other user of or visitor to the Site due to someone else using your Apple ID, password or account as a result of your failing to keep your account information secure and confidential.
Qualifications & exceptions
Liability is stated as possible ("may be held liable") and depends on your failure to keep the account secure.
Account & Service Control · Restriction or exception
No using someone else's Apple ID without the holder's permission; Apple is not liable for your failures
You may not use anyone else's Apple ID, password or account at any time without the holder's express permission and consent. Apple says it cannot and will not be liable for any loss or damage caused by your failure to comply with these account obligations.
Supporting quotations
You may not use anyone else’s Apple ID, password or account at any time without the express permission and consent of the holder of that Apple ID, password or account.
Apple cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Qualifications & exceptions
Use of another person's account is allowed only with that holder's express permission and consent.
Legal Rights & Agreement Rules · Context
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.
Security & Safeguards · Context
You accept that messages you send to the Site may be read or intercepted, even if marked encrypted
By using the Site you acknowledge that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even where there is a special notice that a particular transmission, such as credit card information, is encrypted.
Supporting quotations
Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure.
You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
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.
Sharing & Disclosure · Company practice
Apple may disclose your information, including your identity, for investigations and to act against people causing harm
Apple may disclose any information it has about you, including your identity, if it determines the disclosure is necessary in connection with an investigation or complaint about your use of the Site, or to identify, contact or take legal action against someone who may be causing injury to or interference with, intentionally or not, the rights or property of Apple or of Site visitors and users, including Apple customers.
Supporting quotations
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 Site
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 Site, including Apple’s customers.
Qualifications & exceptions
Disclosure depends on Apple's own determination that it is necessary for the stated purposes.
Not stated here
The recipients of such disclosures are not named.
Sharing & Disclosure · Company practice
Apple may disclose information to comply with law or government requests, and for fraud protection
Apple reserves the right at all times to disclose any information it considers necessary to comply with any applicable law, regulation, legal process or governmental request. Apple may also disclose your information when it determines that applicable law requires or permits disclosure, including exchanging information with other companies and organizations for fraud protection.
Supporting quotations
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.
Qualifications & exceptions
The second sentence covers disclosures the law merely permits, not only those it requires.
Not stated here
The companies and organizations involved in fraud-protection exchanges are not identified.
Retention & Deletion · Company practice
Apple may keep your communications with it and disclose them when law requires or for four stated reasons
You agree that Apple may preserve any transmittal or communication you send Apple through the Site or its services. Apple may also disclose that data if the law requires it, or if Apple determines that preserving or disclosing it is reasonably necessary to (1) comply with legal process, (2) enforce these terms, (3) respond to claims that the data violates others' rights, or (4) protect the rights, property or personal safety of Apple, its employees, Site users and visitors, and the public.
Supporting quotations
You acknowledge and agree that Apple may preserve any transmittal or communication by you with Apple through the Site or any service offered on or through the Site
and may also disclose such data 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 these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Apple, its employees, users of or visitors to the Site, and the public.
Not stated here
No retention period for preserved communications is stated.
Account & Service Control · Company practice
Apple can cut off or block your access without notice if it decides you broke these or related terms
Apple may, in its sole discretion and without prior notice, end your access to the Site and/or block future access if it determines you violated these terms or other agreements or guidelines that may be associated with your use of the Site.
Supporting quotations
You agree that Apple may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site.
Qualifications & exceptions
The decision rests on Apple's own determination of a violation.
Not stated here
No process for challenging a termination is described.
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.
Account & Service Control · Company practice
Apple can also end your access for other reasons, including your own request or technical problems
Apple may, in its sole discretion and without prior notice, end your access to the Site "for cause". The listed causes are not exhaustive and include (1) requests by law enforcement or other government agencies, (2) your own request (self-initiated account deletions), (3) discontinuing or materially modifying the Site or a service on it, and (4) unexpected technical issues or problems. Several of these causes do not depend on anything you did wrong.
Supporting quotations
You agree that Apple may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
Qualifications & exceptions
The list of causes is expressly "not limited to" these four.
Not stated here
What other causes qualify is not stated.
Charges & Financial Obligations · Restriction or exception
If Apple sues you over a violation, you pay its reasonable attorneys' fees and costs
If Apple takes legal action against you because you violated these terms, Apple is entitled to recover, and you agree to pay, all reasonable attorneys' fees and costs of that action, in addition to any other relief Apple is granted.
Supporting quotations
If Apple does take any legal action against you as a result of your violation of these Terms of Use, Apple will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Apple.
Qualifications & exceptions
This fee-shifting runs in Apple's favour only; the dispute section separately gives costs and fees to whichever party prevails.
Not stated here
How this one-way clause fits with the dispute section's prevailing-party rule is not explained in the terms.
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.
Content & IP Rights · Permission or license
Feedback you give is non-confidential and Apple can use it without restriction
Any feedback you provide at the Site is treated as non-confidential, and Apple is free to use that information on an unrestricted basis. The terms do not mention payment or credit for feedback.
Supporting quotations
Any feedback you provide at this site shall be deemed to be non-confidential. Apple shall be free to use such information on an unrestricted basis.
Not stated here
How this relates to the incorporated Unsolicited Idea Submission Policy, which is not supplied, is unknown here.
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.