The affected provision shall be modified to the extent necessary to make it lawful, not void or enforceable, as the case may be, in such a manner as comes closest to preserving the intentions of such provision. These Terms of Use shall not be governed by the United Nations Convention on Contract for the International Sale of Goods, the application of which is expressly disclaimed.
You agree to submit to the jurisdiction of the state and federal courts located in New York County in the State of New York. You agree not to bring any of action relating to the use of this Site or the interpretation of these Terms of Use in any court in any jurisdiction other than the state and federal courts located in New York County, State of New York.
AP shall have the right to commence and prosecute any legal or equitable action or proceeding before any US or non-US court of competent jurisdiction to enforce these Terms of Use. In any dispute between You and AP where AP prevails, AP shall be entitled to recover its reasonable attorney fees, court costs, disbursements, and other legal expenses. All rights reserved.
Contact us. Intellectual Property 1. Use of the Site 2. Confidentiality 3. Disclaimers and Limitations on Liability 4. Potentially Offensive Material 5. Indemnification 6. 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.
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. 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.
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.
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. 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. 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. Apple administers and operates the www. 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.
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. 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. 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.
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. 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.
These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties. 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. We may change these terms of use from time to time. Check before re-using any content from this website. The material published on this website is intended for general information only and is not legal advice or other professional advice. Any opinions expressed in this material do not necessarily represent the views of the Copyright Agency.
While care and consideration has been taken in the creation of the material on this website, we do not warrant, represent or guarantee that the material published on this website is in all respects accurate, complete and current. To the extent permitted by law, we exclude any liability, including any liability for negligence, for any loss or damage arising from reliance on material on this website.
The Copyright Agency is not responsible for the content of any third-party website to which links are provided from this website.
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