1. Our Service
The Satellite Radio Service (“Radio Service”) consists of (i) up to 130 channels of music, news, talk, sports, children’s and other entertainment; and (ii) XM Canada Online (“Online Service” and collectively with the Radio Service, the “Services”) consists of all commercial-free Radio Service music channels, plus additional and exclusive Online Service programming. XM Canada reserves the right to change programming at any time upon providing notice to you, at our sole discretion, including canceling, moving or adding particular channels. If you are dissatisfied with the modified programming, you may terminate your service with notice to XM Canada as outlined in Section 8. Not all content offered on XM Canada’s Radio Service is available using the Online Service, and some content may have been modified for broadcast on the Online Service.
b) Recommended System Requirements for Online Service.
The Online Service is available to both PC and Mac users. Different system configurations will yield different results. We recommend the following system configurations:
Internet Connection: Broadband
Processor: Pentium III 1 GHz
Memory: Minimum 256 MB RAM, minimum 64 MB Video RAM
Operating System: Windows XP
Sound: Soundcard w/ speakers or headphones
Additional Software: Windows Media Player 10, Flash 7 Browser Compatibility: Internet Explorer 6+, Firefox 1.0+, Netscape 7+ (Opera not supported); cookies must be enabled
Internet Connection: Broadband
Processor: G4 Memory: 256 MB RAM, 64 MB Video RAM
Operating System: OS X
Sound: Soundcard w/ speakers or headphones
Additional Software: Windows Media Player 9, Flash 7 Browser Compatibility: Firefox 1.0+ (Internet Explorer not supported); cookies must be enabled
c) Use Limitations.
You may not reproduce, rebroadcast, or otherwise transmit the programming, create unauthorized recordings of the programming, charge admission specifically for the purpose of listening to the programming, or distribute play lists of the Services. Notwithstanding the provisions of Section 11, we or any of our programming partners may prosecute violations of the foregoing against you and other responsible parties in any court of competent jurisdiction, under the rules and regulations of the Canadian Radio-television and Telecommunications Commission (“CRTC”), and other applicable laws. Subscription to the Services does not grant you the right to use any of our or our partners’ trademarks. You also may not attempt to override or circumvent any of the usage rules, limitations, or security measures embedded into the Online Service. Only one concurrent login is permitted at any one time. You may login to the Online Service from any compatible Web Device (as defined below), but not from more than one Web Device at any one time. XM Canada will hold you fully liable for all claims and losses resulting from your use or misuse of the Online Service.
d) International Use Limitations.
To be a subscriber, you must possess a physical address in Canada. Subscribers may choose to access the Online Service internationally, but such use is not guaranteed by XM Canada, and is limited to web browser access and any applicable laws, regulations, or rules regarding the use of Web Devices, the Internet and the Online Service.
e) User Safety/Reliance.
If you use either or both of the Services it is your responsibility to exercise prudent discretion and observe all safety measures required by law and your own common sense. You assume the entire risk related to your use of the Services. We are not responsible for accidents resulting from or associated with use of the Services. The Services may include traffic, weather, and other emergency alert information and data, and you acknowledge that such information and data is not for “safety for life”, but is merely supplemental and advisory in nature, and therefore cannot be relied upon as safety-critical in connection with any aircraft, sea craft, automobile, or any other usage. XM Canada programming and on-air advertising is provided “as is” and “as available” and XM Canada disclaims any and all warranties, express and/or implied, with respect thereto or the transmission or reception thereof. XM Canada is not responsible for, and does not warrant the accuracy, reliability, completeness or timeliness, of any information disclosed on the Services. In no event will XM Canada, its programming or data suppliers or partners, service providers, marketing/distribution, software or Internet suppliers or partners or hardware or software manufacturers, suppliers, or partners be liable to you or to any third party for any direct, indirect, incidental, consequential, special, exemplary or punitive damages or lost profits resulting from use of or interruptions in the transmission or reception of the Services and/or any XM Radio.
f) Stock Ticker Usage (only applicable with certain XM Canada receivers).
Certain stock quote data on the Radio Service is the intellectual property of the relevant provider or third parties that provide such data to the relevant provider. All data is delayed by approximately 25 minutes. The data is protected by copyright and other intellectual property laws and all ownership rights remain with the relevant information service provider. You may only use stock quotes retrieved from the Radio Service for your own personal and non-commercial purposes. You may not sell or otherwise make any stock quotes available to anyone else. You bear all risk from any use or results of using any stock quotes. Transmission of stock quotes may be subject to arbitrary delays beyond our control. Neither XM Canada nor any stock quote provider warrants the accuracy, reliability, completeness or timeliness of the stock quote data. You acknowledge that the information service provider will not be liable to you or any third party for any losses arising from such delay. In no event will any information provider or XM Canada be liable to you for any loss or direct, indirect, incidental, consequential, special, exemplary or punitive damages or lost profits resulting from delay or loss of stock quotes on the Radio Service.
g) Channel Blocking and Monitoring.
Some programming may include explicit language. Channels with a high frequency of explicit language are indicated on your channel line-up and on the channel display with an “XL.” It is your responsibility to impose listening restrictions that you consider appropriate on others. Please contact our Listener Care Center 1-877-GET-XMSR (1-877-438-9677), or visit our website www.xmradio.ca for information on channel blocking. The Online Service is designed to appeal to a broad audience, and some programming may include explicit language. Channel blocking is not available with the Online Service; therefore it is your responsibility to impose listening restrictions that you consider appropriate on others.
h) Commercial Subscribers (Radio Service only).
- In addition to the other terms of this Agreement, this subsection applies if you use the Radio Service in a commercial establishment. Channels with a high frequency of explicit language are indicated on your channel line-up and on the channel display with an “XL.” These channels may not be appropriate for the patrons of a commercial establishment. If you use the Radio Service in a commercial establishment, you must inform us promptly of any complaints you receive from any patron about the content of our Radio Service. It is your responsibility to impose listening restrictions that you consider appropriate on others and for your patrons. Please contact our Listener Care Center 1-877-438-9677 or visit our website www.xmradio.ca for information on channel blocking. We reserve the right to block any channels from a commercial establishment based on listener complaints, CRTC inquiry, negative publicity, or similar factors.
- If you use only XM Canada’s Radio Service in a commercial establishment, without any additional source of music, and if your use of music is not otherwise expressly covered by a tariff of specific application approved by the Copyright Board of Canada, then payment of any copyright royalties in respect of the public performance of musical works or of published sound recordings of musical works that are payable to the Society of Composers, Authors and Music Publishers of Canada (“SOCAN”) and the Neighbouring Rights Collective of Canada (“NRCC”) in relation to the supply of background music on a commercial basis, will be the responsibility of XM Canada. If, however, the type of commercial establishment you operate, and your use of musical works and published sound recordings, gives rise to an obligation to pay copyright royalties to SOCAN and NRCC pursuant to a tariff of specific application approved by the Copyright Board of Canada, you, and not XM Canada, will be responsible for payment of these royalties. Moreover, XM Canada will not be responsible for ensuring that your commercial establishment has obtained any required license or other authorization from SOCAN, NRCC or any other applicable rights holding organizations appropriate to the type of commercial establishment you operate and will not be responsible for ensuring that you maintain any valid authorization for the time your commercial establishment is in receipt of the Radio Service. In the event that XM Canada is responsible for the payment of any copyright royalties to SOCAN and NRCC further to this paragraph, any change to the royalty rates currently payable to SOCAN and NRCC by XM Canada may result in a change to your subscription fee. Our subscription fees and other charges and fees are subject to change upon providing notice to you. Please do not include comments or questions with your payment. If paying against invoices, mail all payments to the following address:
175 Avenue Road
i) Commercial Use Prohibited (Online Service only).
The Online Service is not intended for public use. It is intended for private use and enjoyment, and you are not permitted to use the Online Service for broadcast or performance in a commercial establishment.