funnier than your display picture
edit:
btw, i was mocking him. This thread is useless because clearly OP is just trying to start a commotion. iTune's ToS only applies to failed downloads. OP needs to stop finding faults where there is none.
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Section A of the iTunes Store Terms and Conditions:
"If a product becomes unavailable following a transaction but prior to download, your sole remedy is a refund.
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Hey kids,* if you're banned you can get a refund because you're being denied service for reasons not agreed to in a ToS.
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Once the game is downloaded that part is no longer applicable.
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The latter quote pretty much explains it. I gag OP's 2nd comment, trying to incite that his claim is truly correct.