TERMS OF SALE

U.S. SALES ONLY

Purchases or rentals (as applicable) from the iTunes Store are available to you only in the United States and are not available in any other location. You agree not to use or attempt to use the iTunes Store from outside of the available territory. Apple may use technologies to verify such compliance.

SALES TO END USERS ONLY

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

REFUND POLICY

All Sales and rentals (as applicable) are final.

1-Click®

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

PAYMENT METHODS

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

The iTunes Store accepts the following credit cards: Visa, MasterCard, American Express, and Discover.

PLEASE NOTE

We are unable to accept credit cards issued by banks outside of the United States or prepaid gift cards issued by credit card companies. Debit cards and check cards have daily spending limits that may prevent the processing of your order.

If a transaction has been declined online due to credit card issues, or issues with your PayPal account, please ensure all data is correct and resubmit. If the transaction is not accepted online, you will be unable to use that card or your PayPal account (as the case may be) for your transaction and should use another credit card.

BILLING

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

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

SALES TAX

iTunes Store transactions will include sales tax based on the bill-to address and the sales tax rate in effect at the time your transaction is completed. If the sales tax rate for the billing address changes before the purchased or rented (as applicable) digital content is downloaded, the new tax rate in effect at the time of download will apply. We will only charge tax in states where digital goods are taxable. No customers are eligible for tax exemptions for transactions made on the iTunes Store.

PRE-ORDERS

By pre-ordering Products, you are authorizing the iTunes Store to automatically charge your account and download the product when it becomes available. You may cancel your pre-order prior to the time the item becomes available, by going to your Account page and clicking Manage Pre-Orders.

GIFT CERTIFICATE TRANSACTIONS

Gift Certificates may be redeemed for iTunes Store transactions only and are non-refundable, except as required by law. They cannot be used for purchases on the Apple Online Store or used in Apple Retail Stores. Sales tax will not be charged when the Gift Certificate is purchased. Sales tax is charged when the Gift Certificate is used for an iTunes Store transaction. The tax rate on the transaction is based on the address of the redeemer (see Tax section for more information). Purchases for Gift Certificates may be purchased only in whole dollar increments or designated amounts. Gift Certificates may not be used to purchase other Gift Certificates, iTunes Cards or Allowance Accounts.

ALLOWANCE ACCOUNTS

Allowance Accounts are for transactions on the iTunes Store only. The Allowance Account may not be used for gifts, or purchases on the Apple Online Store or in Apple Retail Stores. Sales tax will be charged when the Allowance Account is used to make an iTunes Store transaction. The tax rate on the transaction is based on the address of the account user (see Sales Tax section for more information). Allowance Account balances are non-refundable. Allowance Account balances may not be used to purchase Gift Certificates, iTunes Cards or other Allowance Accounts.

iTUNES CARDS

iTunes Cards are for transactions on the iTunes Store only. iTunes Cards may not be used for gifts, or purchases on the Apple Online Store or in Apple Retail Stores. iTunes Cards are non-refundable, except as required by law. iTunes Cards may not be used to purchase Gift Certificates, Allowance Accounts or other iTunes Cards.

GIFTS

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

COMPLETE MY ALBUM ("CMA")

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

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

ITUNES PLUS

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

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

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

For more information about iTunes Plus, please read the FAQ at http://phobos.apple.com/WebObjects/MZStore.woa/wa/iTunesPlusFAQPage.

RING TONES

Using the iTunes application and subject to a separate fee, you may be able to create ring tones, usable only on iPhones and no more than 30 seconds in length, from eligible songs that you have purchased from the iTunes Store and which reside in your iTunes Library. Eligibility for ring tone creation and purchase is determined at the time you choose to purchase the ring tone you have created, not at the time you originally purchase the song from the iTunes Store. The eligibility of particular songs for ring tone creation and purchase is subject to change at any time. Indications of ring tone eligibility for particular songs on the iTunes store or in your iTunes application are provided solely for convenience, and do not guarantee that the applicable song will be eligible for ring tone creation and purchase at any time in the future. Ring tone Products are subject to specific Usage Rules; please see the iTunes Store Terms of Service for details.

SEASON PASS, MULTI-PASS

Season Pass includes all currently available (if any) and future episodes of the purchased program season. Multi-Pass includes the episodes of the purchased program specified on the purchase page. The full price of the Season Pass or Multi-Pass is charged upon purchase. No refunds, returns or cancellations after purchase. Currently available purchased episodes (if any) download upon purchase of the Season Pass or Multi-Pass. Future purchased episodes become available for download as they appear on iTunes, and may then be downloaded by the purchaser by connecting to the iTunes Store and selecting Check for Available Downloads in the Store menu in iTunes 8 (or Check for Purchases in the Store menu in iTunes 7). Purchaser must connect to iTunes and download any remaining episodes in the Season Pass or Multi-Pass within 90 days after the final purchased episode becomes available on iTunes (or such other time period as may be specified on the purchase page), after which such remaining episodes may no longer be available for download as part of the Season Pass or Multi-Pass purchase. Automatic renewal is available for Multi-Pass purchases. If automatic renewal is selected when you purchase a Multi-Pass, you will be charged the full price of each subsequent Multi-Pass cycle and the corresponding episodes will become available to you as set forth above, unless and until you cancel automatic renewal prior to the beginning of any such subsequent Multi-Pass cycle. Automatic renewal of Multi-Pass purchases may be disabled prior to purchase of the current Multi-Pass cycle by unchecking the "Automatically renew this Multi-Pass" check box in the purchase dialog box. In addition, Season Pass and Multi-Pass purchases may be reviewed, and automatic renewal may be selected or canceled for any current or future Multi-Pass that you have purchased, in the Manage Passes section of your Account. Once a subsequent Multi-Pass cycle has been purchased pursuant to an automatic renewal, it may no longer be cancelled and there are no refunds or returns.

Please also see Upgrades below.

iPOD GAMES

iPod Games currently available on the iTunes Store are compatible only with iPod classic, 3rd generation and 4th generation iPod nanos, and 5th generation (video) iPods. The Games will not function on any other device, including your personal computer. Updates to your existing compatible iPod's firmware may render your purchased version of a Game incompatible with that iPod. Games purchased from the iTunes Store may not be compatible with future generations of the iPod, and Apple makes no guarantee of such forward compatibility.

SOFTWARE

Software Products purchased from the iTunes Store are subject to purchaser's prior acceptance of the terms of any end-user agreements or other terms and conditions required for use of such Products.

UPGRADES

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

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

MOVIE RENTALS

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

You must be connected to the iTunes Store when moving or streaming movies. Once a movie is moved, it is no longer viewable on the sending device. You may only move movies to another device from your Mac or Windows computer. Movies downloaded directly to your Apple TV may not be moved.

You have thirty (30) days after downloading a movie to begin viewing. Once you begin viewing, you have twenty-four (24) hours to view the movie (the “Viewing Period”). You may view the movie an unlimited number of times during the Viewing Period. Movies are not viewable after the thirty (30) day period. Stopping, pausing or restarting a movie does not extend the available time for viewing.

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

Broadband Internet connection required.

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

HDMI

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

HIGH DEFINITION TELEVISION

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

PRICES

The iTunes Store endeavors to offer you competitive prices on current selections. Your total price will include the price of the Product plus any applicable sales tax (in effect on the day of download). Apple reserves the right to change prices for Products offered at the iTunes Store at any time, and does not provide price protection or refunds in the event of a price drop or promotional offering.

CONTENT AVAILABILITY

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

FOR ASSISTANCE WITH ORDERS - iTUNES STORE CUSTOMER SERVICE

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

CONTENT USAGE RULES

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

OTHER TERMS AND CONDITIONS

Apple is not responsible for typographic errors.

Apple reserves the right to change the terms and conditions of sale at the iTunes Store at any time. Customers are encouraged to review the Terms of Sale on a periodic basis for modifications.

All transactions on the iTunes Store are governed by California law, without giving effect to its conflict of law provisions. Risk of loss and title for all electronically delivered transactions pass to the purchaser or renter (as applicable) in California upon electronic transmission to the recipient. No Apple employee or agent has the authority to vary any of the iTunes Store's policies or the terms and conditions governing any sale.

View the iTunes Store Gift Certificate, iTunes Cards, Content Codes and Allowances Terms and Conditions, which are hereby made a part of these Terms of Sale, at http://www.apple.com/legal/itunes/us/gifts.html

Last updated: November 12, 2008