is it legal to sell downloaded music that i legally purchased?

I do believe it is..but I'd look something up in case I'm wrong!

That's a very interesting question. I don't know that you can legally resell music, as the original artists, composers and musicians don't reap any benefits from the resale. Even though you can buy used CD's, it's a sore point with union musicians because they are robbed of royalties.

The copyright laws say that you are not supposed to even make a copy of music that you bought legally and keep for yourself. And now there's some talk about making it legal to copy it in another format - like you could copy your cassettes to CD.

But who's to know if you copy it? or resell it?

But, the same could be said of books, and we resell books many times and the authors only get royalties on the first sale.

Interesting!

no it illegal, you purchased the right to buy the music belonging to the artist to listen too only, the copy write belongs to them

it illegal for you to sell any music that does not belong to you

you dont own the copy write, hope this explains it for you

I dont think it is legal, because according to the RIAA, Fair Use constitutes music that you legally download as yours to listen to nut not to distribute amd especially not for personal gain. Also see the iTunes TOS.

SOURCE: RIAA.ORG-

Piracy: Online

The Internet offers music lovers virtually limitless possibilities. Digital technology brings music to a wider public, affords niche artists access to their audiences, makes our vast musical heritage widely available, and distributes old, new and unusual music at affordable prices. Record companies are embracing the power and promise of the digital future. And that future is here.

There should be no doubt that the U.S. Supreme Court’s unanimous 2005 decision in MGM vs. Grokster has helped to give new weight to the music community’s ongoing efforts to license an ever-expanding variety of digital business models and combat the theft of music online. We now have legal and moral clarity about the rules of the road, both for businesses and individuals, and the legal marketplace is attracting new fans and showing real promise.

Yet online music theft – particularly on college campuses and with hardcore frequent peer-to-peer users – remains a black mark on this exciting marketplace. It is a significant problem requiring additional attention, resources and governmental assistance.

Our response to the online theft of music is multi-faceted. Most important is to offer fans legal alternatives. That’s always the most effective “anti-piracy” strategy. We also educate. We work with a variety of respected educational leaders to develop curriculum and other materials that seek to engage fans and encourage them to think critically about how they acquire music (hyperlink to part of site with various programs) and other forms of intellectual property. Finally, as a last resort, on behalf of our member companies, we may bring a lawsuit to protect the rights of the major record companies. Lawsuits tend to generate the most attention but they are only part of a comprehensive, multi-pronged strategy.

Absent action by the industry, the illegal downloading world would be exponentially worse. The industry’s anti-piracy efforts have deterred a sizeable number of would-be illegal downloaders. More broadly, the industry’s efforts have made an impact on attitudes, practices, cultural norms, awareness and the business climate for legal services. Without these deterrence efforts, the legal marketplace would not have achieved the success it has so far.

Online piracy is the unauthorized uploading of a copyrighted sound recording and making it available to the public, or downloading a sound recording from an Internet site, even if the recording isn't resold. Online piracy can now also include certain uses of "streaming" technologies from the Internet. Because of the nature of the theft, the damage is not always easy to calculate but not hard to envision. Millions of dollars are at stake – not to mention our ability to invest in the next generation of music.

------------------------------------------------------------------------------------

Piracy: On the Street

Internet Piracy grabs headlines, but millions of illegal music CDs are manufactured and sold in the United States each year. They can be manufactured by corrupt CD plant operators as well as in clandestine operations engaged in the large-scale burning of music to blank CD-R discs that are then sold in flea markets, on street corner tables, even in local retail stores. The copying and trafficking of pirated music is an increasingly sophisticated trade plied by savvy multi-state criminal operations that distribute illegal product designed to resemble authentic CDs and replace legitimate sales.

But what is the crime? Why is this important? Who gets hurt? The answers are simple. The crime is theft. If music is important to you, then this is an important crime. And everyone who makes, enjoys or earns a living in music is hurt.

Think about it: the makers of fake products don’t pay the songwriter, the musician, or the recording studio costs. They don’t develop new artists or finance the promotion or the marketing of new music. Music pirates aren’t in the music business, they are in the plastics business. They buy and sell plastic and get consumers to pay them 10 to 20 times their cost for a blank disc by simply loading that plastic up with stolen music.

We also know that not only music creators and fans are impacted by theft of music but so too are taxpayers. The New York City comptroller estimated, in a 2004 report, that the city lost more than $1 billion in tax revenue due to the illegal exchange of a variety of counterfeit goods.

In short: legitimate sales are being replaced by sales of counterfeit goods, and the people who create, package and legally sell music are paying the price. The damage is real and demonstrable and undercuts the economic foundation of the most creative and vibrant music industry in the world.

We are fortunate to have federal, state and local law enforcement working tirelessly to combat street piracy – a problem that costs local economies millions of dollars in tax revenue and is frequently tied to other criminal activities. Each year, hundreds of law enforcement departments across the country engage in thousands of anti-piracy actions. Yet the sophisticated, multi-state operations of today’s pirate trade demand even greater awareness and action across the board – from us, our partners in the music community, law enforcement and music fans.

When consumers buy the real thing, everyone wins – not only the fan who bought a high-quality CD, but music stores, artists, record labels and everyone else involved in making music.

Apple.com-

iTunes Store

TERMS OF SALE

U.S. SALES ONLY

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

SALES TO END USERS ONLY

The iTunes Store sells Products to end user customers only.

REFUND POLICY

All Sales 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 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 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 purchasing is activated, clicking the "Buy" button will start the download immediately and complete your purchase transaction without any further steps. Purchases 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 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 before completing the transaction. The shopping cart functionality is not available when accessing the iTunes Store on your iPod or iPhone.

PAYMENT METHODS

The iTunes Store accepts credit cards, payment through your PayPal account, iTunes Cards, iTunes Store Gift Certificates and Allowance Account balances as forms of payment. If a credit card company, or your PayPal account, is being used for a purchase, 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 shortly thereafter. If the balance from an iTunes Card, iTunes Store Gift Certificate or Allowance Account is used for an iTunes Store Purchase, the amount is deducted from your account or your iTunes Card (as the case may be) at the time of purchase. If the total amount of the purchase 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. Debit cards and check cards have daily spending limits that may prevent the processing of your order.

If a purchase 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 purchase and should use another credit card.

BILLING

If you are purchasing using 1-Click or your PayPal account, your order may be authorized and billed in gradual increments during one purchasing 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 purchase.

SALES TAX

iTunes Store purchases will include sales tax based on the bill-to address and the sales tax rate in effect at the time your purchase is completed. If the sales tax rate for the billing address changes before the purchased 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 purchases made on the iTunes Store.

GIFT CERTIFICATE PURCHASES

Gift Certificates may be redeemed for iTunes Store purchases only and are non-refundable. 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 redeemed for an iTunes Store purchase. The tax rate on the purchase 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 purchases on the iTunes Store only. The Allowance Account may not be used for 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 purchase. The tax rate on the purchase is based on the address of the account user (see 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 purchases on the iTunes Store only. iTunes Cards may not be used for purchases on the Apple Online Store or in Apple Retail Stores. iTunes Cards are non-refundable. 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.

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, 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=305...

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. In order to "complete" an iTunes Plus album based on a purchase of a corresponding DRM-protected song or music video, you first must upgrade all of your eligible content to iTunes Plus, as described above. Please note that another, potentially less costly alternative may be for you simply to purchase the full iTunes Plus album, instead of using CMA. 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/...

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 iTunes and selecting Check for Purchases in the Advanced menu. 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 purchased from the iTunes Store are compatible only with 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.

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 purchases 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 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). 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.

Pre-ordering a movie entitles you to take advantage of the offered promotional price specified for the movie, but only if you complete the purchase within 30 days of the movie becoming available for download on the iTunes Store. Following the 30-day period, completions of pre-orders are subject to regular pricing for the movie. You may cancel your pre-order at any time prior to completing the purchase.

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 purchase but prior to download. Your sole remedy in such cases is a refund of the purchase 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 send us an email by visiting the following URL http://www.apple.com/support/itunes/store/email/, and completing the email form. Responses to emails will be provided as soon as possible.

CONTENT USAGE RULES

Your use of any Products purchased 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 sales 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 purchases pass to the purchaser 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, Song 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: September 10, 2007

© Copyright 2007 Apple Inc. All rights reserved.

------------------------------------------------------------------------------------

iTunes Store

TERMS OF SERVICE

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND APPLE INC. ("APPLE") STATING THE TERMS THAT GOVERN YOUR USE OF THE ITUNES STORE SERVICE. THIS AGREEMENT - TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS, SOFTWARE LICENSES, AND ALL OF APPLE'S RULES AND POLICIES - COLLECTIVELY CONSTITUTE THE "AGREEMENT" BETWEEN YOU AND APPLE. TO AGREE TO THESE TERMS, CLICK "AGREE." IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "AGREE," AND DO NOT USE THE SERVICE. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU: CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND APPLE MAY REFUSE ACCESS TO THE ITUNES STORE FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT.

1. Definition of the iTunes Store Service. Apple is the provider of the iTunes Store (the "Service") that permits you to purchase digital content, such as sound recordings and videos, games, and ring tones, under certain terms and conditions as set forth in this Agreement.

2. Age requirements for use of the Service. This Service is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand these terms and conditions.

3. Objectionable Material. You understand that by using the Service, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Service at your sole risk and that Apple shall have no liability to you for content that may be found to be offensive, indecent, or objectionable. Content types (including genres, sub-genres and Podcast categories and sub-categories and the like) and descriptions are provided for convenience, and you acknowledge and agree that Apple does not guarantee their accuracy.

4. System Requirements. Use of the Service requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Service involves hardware, software, and Internet access, your ability to use the Service may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. The Service is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Service.

5. Policies and Rules. Your use of the Service and purchases made through it are subject to Apple's Terms of Sale at http://www.apple.com/legal/itunes/us/sales.html, which can be readily viewed on the Service, and any end-user agreements or other terms and conditions required for use of the Service, all of which are hereby made a part of this Agreement. If you have not already read Apple's Terms of Sale, you should do so now.

6. Apple's Privacy Policy. Except as otherwise expressly provided for in this Agreement, the Service is subject to Apple's Privacy Policy at http://www.apple.com/legal/privacy/, which is expressly made a part of this Agreement. If you have not already read Apple's Privacy Policy, you should do so now.

7. Your Information. You agree to provide accurate, current, and complete information required to register with the Service and at other points as may be required in the course of using the Service ("Registration Data"). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. Apple may terminate your rights to any or all of the Service if any information you provide is false, inaccurate or incomplete. You agree that Apple may store and use the Registration Data you provide (including credit card and PayPal account information) for use in maintaining your accounts and billing fees to your credit card or PayPal account.

8. User Account and Security.

a. Account and Password. As a registered user of the Service, you may receive or establish an account ("Account"). You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else or use anyone else's Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify Apple of any unauthorized use of your Account or any other breach of security. Apple shall not be responsible for any losses arising out of the unauthorized use of your Account.

b. Security. You understand that the Service, and products purchased through the Service, such as sound recordings, videos, games, ring tones, and related artwork ("Products"), include a security framework using technology that protects digital information and limits your usage of Products to certain usage rules established by Apple and its licensors ("Usage Rules"). You agree to comply with such Usage Rules, as further outlined below, and you agree not to violate or attempt to violate any security components. You agree not to attempt to, or assist another person to, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components related to such Usage Rules for any reason whatsoever. Usage Rules may be controlled and monitored by Apple for compliance purposes, and Apple reserves the right to enforce the Usage Rules with or without notice to you. You will not access the Service by any means other than through software that is provided by Apple for accessing the Service. You shall not access or attempt to access an Account that you are not authorized to access. You agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to the Service. Violations of system or network security may result in civil or criminal liability.

9. Purchase of Apple Content

a. Products Requirements. You acknowledge that use of Products may require the use of other hardware and software products (e.g., the ability to make copies of Products on physical media and render performance of Products on authorized digital player devices), and that such hardware and software is your responsibility. Once a Product is purchased and you receive the Product, it is your responsibility not to lose, destroy, or damage the Product, and Apple shall be without liability to you in the event of any loss, destruction, or damage.

b. Use of Products. You acknowledge that Products (other than the iTunes Plus Products) contain security technology that limits your usage of Products to the following Usage Rules, and, whether or not Products are limited by security technology, you agree to use Products in compliance with the applicable Usage Rules.

Usage Rules

(i) Your use of the Products is conditioned upon your prior acceptance of the terms of this Agreement.

(ii) You shall be authorized to use the Products only for personal, noncommercial use.

(iii) You shall be authorized to use the Products on five Apple-authorized devices at any time.

(iv) You shall be able to store Products from up to five different Accounts on certain devices, such as an iPod or iPhone, at a time; provided that each iPhone may sync ring tone Products with only a single Apple-authorized device at a time, and that syncing an iPhone with another Apple-authorized device will cause any ring tone Products stored on such iPhone to be erased and, if you so choose, to be replaced with any ring tone Products stored on such other Apple-authorized device.

(v) You shall be authorized to burn an audio playlist up to seven times.

(vi) You shall not be entitled to burn Video Products or ring tone Products.

(vii) You shall be entitled to export, burn (if applicable) or copy Products solely for personal, noncommercial use.

(viii) You may use only ring tone Products as a musical “ringer” in connection with phone calls.

(ix) Any burning (if applicable) or exporting capabilities are solely an accommodation to you and shall not constitute a grant or waiver (or other limitation or implication) of any rights of the copyright owners in any audio or video content, sound recording, underlying musical composition, or artwork embodied in any Product.

(x) You agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the Service or used to administer the Usage Rules.

(xi) The delivery of Products does not transfer to you any commercial or promotional use rights in the Products.

(xii) iTunes Plus Products do not contain security technology that limits your usage of such Products, and Usage Rules (iii) – (vi) do not apply to iTunes Plus Products. You may copy, store and burn iTunes Plus Products as reasonably necessary for personal, noncommercial use.

c. You agree that your purchase of Products constitutes your acceptance of and agreement to use such Products solely in accordance with the Usage Rules, and that any other use of the Products may constitute a copyright infringement. The security technology, if applicable, is an inseparable part of the Products. The Usage Rules shall govern your rights with respect to the Products, in addition to any other terms or rules that may have been established between you and another party. Apple reserves the right to modify the Usage Rules at any time.

d. You acknowledge that some aspects of the Service, Products, and administering of the Usage Rules entails the ongoing involvement of Apple. Accordingly, in the event that Apple changes any part of the Service or discontinues the Service, which Apple may do at its election, you acknowledge that you may no longer be able to use Products to the same extent as prior to such change or discontinuation, and that Apple shall have no liability to you in such case

e. The Service may offer interactive features that allow you to, among other things, submit or post information, materials or links to third party content on areas of the Service accessible and viewable by other users of the Service and the public. You represent and agree that any use by you of such features, including any information, materials or links submitted or posted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable or in poor taste, and that you have obtained all necessary rights, licenses or clearances. You further agree to provide accurate and complete information in connection with your submission or posting of any information or materials on the Service. Moreover, you hereby grant Apple a worldwide, royalty-free, non-exclusive license to use such materials as part of the Service, and in relation to Products, without any compensation or obligation to you.

Apple reserves the right not to post or publish any materials, and to delete, remove or edit any material, at any time in its sole discretion without notice or liability.

Apple has the right, but not the obligation, to monitor any information and materials submitted or posted by you or otherwise available on the Service, to investigate any reported or apparent violation of this Agreement, and to take any action that Apple in its sole discretion deems appropriate, including, without limitation, under Section 14 below or under our Copyright Policy (http://www.apple.com/legal/trademark/claimsofcopyr...

10. Territory. The Service is currently available only in the United States, and is not available in any other location. You agree not to use or attempt to use the Service from outside of the available territory, and that Apple may use technologies to verify your compliance.

11. Agreement to Pay.

a. Payment for Products. You agree to pay for all Products you purchase through the Service, and that Apple may charge your credit card or PayPal account for any Products purchased, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING APPLE WITH A VALID CREDIT CARD OR PAYPAL ACCOUNT DETAILS FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card, or the PayPal account, you designate during the registration process. If you want to designate a different credit card or if there is a change in your credit card or PayPal account status, you must change your credit card or PayPal account information online at the Account Info section of the Service. (There may be a temporary disruption of your access to the Service until Apple can verify the validity of the new credit card or PayPal account information.)

b. Right to Change Prices and Availability of Products. Prices and availability of any Products are subject to change at any time.

c. Electronic Signatures and Contracts. Your use of the Service includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.

d. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

12. Delivery of Products.

a. Interrupted Delivery to iPod or iPhone. If delivery of a Product you purchased using Wi-Fi on an iPod or iPhone is interrupted, your purchase will be included in your download queue. You may resume the delivery to your Apple-authorized device by selecting "Check for Purchases" in the iTunes application.

b. Technical Problems. On occasion, technical problems may delay or prevent delivery of your Product. Your exclusive and sole remedy with respect to Product that is not delivered within a reasonable period will be either replacement of such Product, or refund of the purchase price paid for such Product, as determined by Apple.

13. Intellectual Property.

a. Acknowledgement of Ownership. You agree that the Service, including but not limited to Products, graphics, audio clips, and editorial content, contains proprietary information and material that is owned by Apple and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with the terms of this Agreement. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted hereunder. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service, in any manner, and you shall not exploit the Service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.

b. Removal of Apple Content or Other Materials. Notwithstanding any other provision of this Agreement, Apple and its licensors reserve the right to change, suspend, remove, or disable access to any Products, content, or other materials comprising a part of the Service at any time without notice. In no event will Apple be liable for the removal of or disabling of access to any such Products, content or materials under this Agreement. Apple may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability.

c. Copyrights. All copyrights in and to the Service, including but not limited to, the iTunes Store (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), and software, are owned by Apple and/or its licensors, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THESE TERMS OF SERVICE, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

d. Trademarks. Apple, the Apple logo, iTunes, and other Apple trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of Apple Inc. in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.

e. Album Cover Art. As an account holder of the Service in good standing, Apple may provide you with limited access to download certain album cover art for music stored in the iTunes Library of your iTunes application, subject to availability. Such access is provided as an accommodation only, and Apple does not warrant or endorse and does not assume and will not have any liability or responsibility for such album cover art or your use thereof. You may only access album cover art (to the extent available) for music for which you are the lawful owner of a legal copy. Album cover art is provided for personal, noncommercial use only. You agree that you will not use album cover art in any manner that would infringe or violate these Terms of Service or the rights of any other party, and that Apple is not in any way responsible for any such use by you.

14. Termination.

a. Termination by Apple. If you fail, or Apple suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due, failure to provide Apple with a valid credit card or with accurate and complete Registration Data, failure to safeguard your Account information, violation of the Usage Rules or any license to the software, or infringement or other violation of third parties' rights, Apple, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) terminate the license to the software; and/or (iii) preclude access to the Service (or any part thereof).

b. Termination of the Service. Apple reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you, and Apple will not be liable to you or to any third party should it exercise such rights.

15. General Compliance with Laws. The Service is controlled and operated by Apple from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service.

16. Enforcement of These Terms. Apple reserves the right to takes steps Apple believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Apple's right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights). You agree that Apple has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as Apple believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Apple's right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights).

17. No Responsibility for Third-Party Materials or Web sites. Certain content, Products, and services available via the Service may include materials from third parties. In addition, Apple may provide links to certain third party Web sites. You acknowledge and agree that Apple is not responsible for examining or evaluating the content or accuracy of any such third-party material or Web sites. Apple does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or Web sites, or for any other materials, products, or services of third parties. Links to other Web sites are provided solely as a convenience to you. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that Apple is not in any way responsible for any such use by you.

18. Disclaimer of Warranties; Liability Limitations.

a. APPLE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.

b. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY APPLE) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

c. IN NO CASE SHALL APPLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, APPLE'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

d. APPLE SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND APPLE HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

e. APPLE DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND APPLE DISCLAIMS ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY PRODUCTS PURCHASED FROM THE ITUNES STORE THAT ARE STORED IN YOUR SYSTEM.

19. Waiver and Indemnity. BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD APPLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY APPLE AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM APPLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF APPLE'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

20. Changes. Apple reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately and incorporated into this Agreement. Your continued use of the iTunes Store following will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.

21. Notices. Apple may send you notice with respect to the Service by sending an email message to the email address listed in your Apple Account contact information, by sending a letter via postal mail to the contact address listed in your Apple Account contact information, or by a posting on the iTunes Store. Notices shall become effective immediately.

22. Governing Law. The laws of the State of California, excluding its conflicts of law rules, govern these Terms and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Apple or relating in any way to your use of the Service resides in the courts of the State of California.

23. Miscellaneous. These Terms of Service constitute the entire agreement between you and Apple and govern your use of the Service, superseding any prior agreements between you and Apple. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Apple's failure to enforce any right or provisions in these Terms of Service will not constitute a waiver of such provision, or any other provision of these Terms of Service. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. Apple will not be responsible for failures to fulfill any obligations due to causes beyond its control.