Some history. I live in the UK and so am covered by the UK consumer protection. I bought an ipod touch direct from Apple Online in 2009. It failed in 2011 (faulty headphone jack) and I requested service but was denied and had to purchase an OOW replacement. The replacement failed again in 2012 (faulty headphone jack) and I requested service but was denied and had to purchase a 2nd OOW replacement. It has now failed again (7 months later). Freezes every day. In none of the cases was the ipod physically damaged. I have contacted Apple customer relations and I confess that I have got a bit grumpy with them because I feel that purchasing a 3rd OOW replacement in 4 years is unreasonable. So 4 failed ipod touches in 4 years... these things are lasting an average of 1 year which is not ideal. To be fair, after a bit of discussion, Customer relations have said that they will sort now it out. Ideally, I would like to pay the difference and upgrade but I don't think they allow that - a straight replacement is fine. But I feel guilty about being difficult with them....am I being unreasonable ? Deagle.