Apple Teacher Terms of Service

1. Membership in the Program is intended for educators, those learning to be educators, or those involved in an education profession.
2. Apple may provide you benefits and award privileges for your participation in the Program and the Site. The benefits and privileges you may receive do not create an employee, agency or independent contractor relationship between you and Apple, and you may not present yourself as a spokesperson for Apple.
3. You may not share, assign, or transfer your access to the Site or the Program under the Agreement.

1. Apple is the owner of the Site and the Provider of the Program, which provides you the ability to enroll in and participate in the Program. As long as you comply with the Agreement, Apple grants you a personal, non-exclusive, non-transferable limited privilege to enter and use the Site.
2. In addition to the terms and conditions in this Agreement, all use of the Site is governed by the Apple.com(opens in new window) Terms of Use (http://www.apple.com/legal/terms/site.html(opens in new window)).
3. In the event of any conflict between this Agreement and Apple.com(opens in new window), the terms of this Agreement shall govern.
4. To participate in the Program and the Site, each user must have a unique user name and password combination, known as Apple ID. You will not be able to use a Managed Apple ID to access the Site or participate in the Program. Please review Apple’s Privacy Policy (http://www.apple.com/legal/privacy(opens in new window)), which describes how Apple collects, uses and protects your personal information.
5. Apple reserves the right to reject or remove you from the Program or terminate your access to the Site at any time in its sole discretion without identifying a reason.

1. The Program, the Site, its features, or sections of it may not be available in all languages or in all countries, and Apple makes no representation that the Site, its features, or sections (including any products or services referenced or provided through the Program) is appropriate or available for use in any particular location. 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 Program or Site is void where prohibited.
2. You agree that you will not:
   1. 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, by hacking, password “mining,” or any other illegitimate means;
   2. 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;
   3. 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;
   4. Pretend to be anyone, or any entity, that you are not. You may not impersonate or misrepresent yourself as another person (including celebrities), entity, an Apple employee, or a civic government leader, or otherwise misrepresent your affiliation with a person or entity (Apple reserves the right to delete any registration that could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person’s name or identity);
   5. Engage in any copyright infringement or other intellectual property infringement, or disclose any trade secret, or confidential information in violation of a confidentiality, employment, or nondisclosure agreement;
   6. Upload, post, email, transmit, store, or otherwise make available any material that contains viruses or any other computer code, files, or programs designed to harm, interfere, or limit the normal operation of the Site (or any part thereof), or any other computer software or hardware;
   7. Interfere with or disrupt the Site (including accessing the Site through any automated means, such as scripts or web crawlers), or any servers or networks connected to the Site, or breach any policies, requirements, or regulations of networks connected to the Site (including using the Site to carry out any unauthorized access to, use or monitoring of data or traffic thereon); or
   8. Plan or engage in any illegal activity using, involving, or relating to the Site or the Program.
3. Apple does not prescreen information submitted by the users of the Site (“Submissions).” Apple retains the right, but not the responsibility, to edit or remove any Submission, including those deemed by Apple to violate the Agreement. Apple will make good faith efforts to investigate allegations that Submissions violate the Agreement but (a) makes no warranty to you that it will edit, remove, or continue to permit the display of any specific Submission, whether or not subject to such allegations, and (b) will have no liability whatsoever for editing, removing or continuing to permit the display of any Submission whatsoever.

1. To the extent that Apple provides you with templates and other materials to assist or enable your participation in the Program (“Apple Learning Materials”), Apple hereby grants you a nonexclusive, royalty-free, non-transferable right and license during the term of this Agreement and your participation in the Program to internally use, reproduce and distribute the Apple Learning Materials for the sole purpose of participating in the Program; provided however, that if an Apple Learning Material is accompanied by its own set of licensing terms (e.g. sample code license), then those specific licensing terms shall govern your use of that Apple Learning Material.
2. Apple retains all ownership rights, title and interest in and to the Apple Learning Materials, Apple Teacher Program, and the Apple Teacher Learning Center, including without limitation all graphical designs, names, icons, user interfaces, and other design elements, and the selection, ordering, and arrangement of materials therein and the “look and feel” thereof.
3. “Content" means any information that may be generated through use of the Site or encountered through participation in the Program, such as quizzes, statistics, written text, graphics, photographs, images, sounds, videos, messages, and other like materials.

1. By using this Site and participating in the Program, you agree to receive certain communications from Apple in connection with the Program. Apple may choose to contact you through the Site or may attempt to contact you outside of the Site via telephone, email, or other method of communication. For example, you may receive a reminder email to login if you have not visited the Site for a certain period of time, to notify you of new quizzes, features or other content available on the Site, or a survey about improving the Program. You can opt-out of communications on your Profile page in the Apple Teacher Learning Center under “Membership Settings.”
2. You may not use Apple logos or marks except in accordance with Apple guidelines for third-party marks usage, found at Apple website. Guidelines on use of the Apple Teacher logo are found on the Site. Questions about public discussions and posting should be directed to AppleTeacher-program@apple.com(opens in new window).

1. When you have fulfilled the requirements for Apple Teacher recognition, during the term of this Agreement, and subject to the Apple Trademark Guidelines which may be found at www.apple.com/legal/trademark/guidelinesfor3rdparties.html(opens in new window) as may be amended from time to time, Apple grants you a non-exclusive, nontransferable, not sub-licensable, revocable, royalty-free license to use and display the Apple Teacher logo. Specific guidelines for use of the Apple Teacher logo will be provided to you through the Site once you fulfill the Apple Teacher requirements.
2. Apple, the Apple logo, and other Apple trademarks, service marks, graphics, and logos used in connection with the Site and Program are trademarks or registered trademarks of Apple in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Site or Program may be the trademarks of their respective owners.
3. You agree that the Site, graphics, user interface, audio clips, editorial content, and the scripts and software used to implement the Site and Program, including but not limited to, the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any Apple Content, contain proprietary information and material that is owned by Apple and protected by applicable intellectual property and other laws, including but not limited to, copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Site or Program in compliance with the Agreement. No portion of the Site may be reproduced in any form or by any means, except as expressly permitted in the Agreement. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Site or Program in any manner, and you shall not exploit the Site or Program in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.

The Program is available for individuals over the legal age of majority in the jurisdiction where they reside. Insofar as is in compliance with the laws of the United States, you agree to comply with all local, state, federal and national laws, statutes, ordinances, and regulations that apply to your participation in the Program and your use of the Site. Your participation in the Program and use of the Site may also be subject to other laws. Where there is a conflict between other applicable law and the laws of the United States, you agree that any such conflict will be resolved in favor of the laws of the United States. Notwithstanding anything to the contrary in this Agreement, you shall at all times act in strict compliance with all applicable laws of the United States and the jurisdiction in which you reside.

By using the Site and participating in the Program, you acknowledge, consent and agree that Apple may collect, process, and use (including performing cross-border transfer of personal information) the personal information you provide in accordance with Apple's privacy policy (found at http://www.apple.com/legal/privacy(opens in new window)) and applicable local laws. You also understand that Internet transmissions are never completely private or secure. You understand that any message or information you submit through 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.

1. You or Apple may terminate this agreement for any reason and at any time upon notice to the other party.
2. The initial term of this Agreement shall commence upon the date Apple approves this Agreement for a period of one (1) year. Thereafter, this Agreement will automatically renew for one (1) year terms until either party terminates (for any reason, including for convenience). Each party may terminate this Agreement for any reason at any time. In the event of a party’s material breach of this Agreement, the other party may terminate the Agreement immediately.

1. Apple shall from time to time be required to perform maintenance on the Site. While Apple does not undertake to notify users of the Site of either scheduled or unscheduled maintenance, Apple shall endeavor to use commercially reasonable efforts to notify you in advance of any scheduled maintenance.
2. Apple takes compliance with ethics laws and regulations and school policies very seriously, and would not want to create even the appearance of impropriety or conflict of interest for educators participating in the Program. Nothing provided in association with the Program is in any way intended to influence the recipient in the performance of his or her official duties. If your role involves making decisions regarding technology purchases, you must consult with your school’s ethics official or equivalent officer in the central administration as appropriate to determine if you need to either recuse yourself from those decisions to avoid even the appearance of a conflict of interest, or reconsider whether your participation in the Program is appropriate.
3. Apple reserves the right, at its sole discretion, to change, modify, add, or remove provisions of the Agreement at any time and to modify, suspend, or discontinue the Service (or any part thereof), either temporarily or permanently, at any time without prior notice to you. Any changes to the Agreement shall prevail over the terms accepted upon your first access of the Site. You acknowledge and agree that your continued use of the Service after the Agreement has changed constitutes your acceptance of the Agreement as revised. Apple will notify you of such changes by posting the change on the Site and requiring you to re-accept the Agreement. Such changes will be effective immediately upon posting. You acknowledge and agree that Apple shall not be liable to you or any third party for any modification or cessation of the Program.
4. Notices. Except as otherwise provided in this Agreement, any notice required or permitted under the terms of this Agreement or required by law must be in writing and must be (a) delivered in person, (b) sent by U.S. Postal Service, or (c) sent by overnight air courier, in each case properly posted and fully prepaid to the appropriate address set forth in the preamble or signature line to this Agreement, with a courtesy copy sent via e-mail to AppleTeacher-notices@apple.com(opens in new window). Either party may change its address for notice by notice to the other party given in accordance with this Section. Notices will be considered to have been given at the time of actual delivery in person, three (3) business days after deposit in the mail as set forth above, or one (1) day after delivery to an overnight air courier service.
5. Force Majeure. Neither party will be liable to the other party on account of any loss or damage resulting from any delay or failure to perform all or any part of this Agreement if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control and without negligence of the parties. Such events, occurrences, or causes will include, without limitation, acts of God, strikes, lockouts, riots, acts of war, earthquake, fire and explosions, but the inability to meet financial obligations is expressly excluded.
6. Waiver. Any waiver of the provisions of this Agreement or of a party's rights or remedies under this Agreement must be in writing to be effective. Failure, neglect, or delay by a party to enforce the provisions of this Agreement or its rights or remedies at any time, will not be construed as a waiver of such party's rights under this Agreement and will not in any way affect the validity of the whole or any part of this Agreement or prejudice such party's right to take subsequent action. No exercise or enforcement by either party of any right or remedy under this Agreement will preclude the enforcement by such party of any other right or remedy under this Agreement or that such party is entitled by law to enforce.
7. Confidentiality. Each party shall protect the other party’s Confidential Information with the same standard of care that it uses to protect its own Confidential Information, except to its employees, affiliates, and agents who need to know and have agreed in writing to keep it confidential. Notwithstanding the foregoing, you agree that Apple may disclose your Information and any non-public Content if required to do so by law or in Apple’s good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce the terms of this Agreement, respond to claims that any Content violates the rights of any person or entity, or protect the rights, property or personal safety of Apple, any users, or the public.
8. Limitation of Liability. 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. If, notwithstanding the other provisions of this Agreement, Apple is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or your participation in the Program, Apple liability shall in no event exceed the greater of US $100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
9. Indemnification. 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 attorney fees), made against Apple by any third party due to or arising out of or in connection with your use of the Site or participation in the Program.
10. Governing Law; Dispute Resolution. 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 Service 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. 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 attorney fees. 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.
11. No obligation. Nothing in this Agreement shall obligate Apple to exploit any right granted herein.
12. “Apple” as used herein means:
    • Apple Canada Inc., located at 120 Bremner Blvd., Suite 1600, Toronto ON M5J 0A8, Canada for users in Canada or its territories and possessions;
    • iTunes K.K., located at Roppongi Hills, 6-10-1 Roppongi, Minato-ku, Tokyo 106- 6140, Tokyo for users in Japan;
    • Apple Pty Limited, located at Level 13, Capital Centre, 255 Pitt Street, Sydney NSW 2000, Australia, for users in Australia, New Zealand, including island possessions, territories, and affiliated jurisdictions;
    • Apple Distribution International, located at Hollyhill Industrial Estate, Hollyhill, Cork, Republic of Ireland, for users in the European Economic Area and Switzerland; and
    • Apple Inc., located at 1 Infinite Loop, Cupertino, California, United States, for all other users.