1. Our Service
a) Changes to Programming.
The Service consists of a wide variety of programming. Many different and changing considerations affect the availability, cost and quality of programming and customer demand. Accordingly, we reserve the unrestricted right to change, rearrange, add, or delete programming including canceling, moving or adding particular channels, at any time, with or without notice to you. If you are dissatisfied with the modified programming, you may terminate your service with notice to SiriusXM Canada as outlined in Section 8. Your continued use of the Service following any programming changes will constitute your acceptance of such changes. Not all content offered on the Satellite 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 Services.
The Online Service is available to both PC and Mac users with a broadband internet connection. Different system configurations will yield different results.
c) Use Limitations.
We provide the Service only for your personal, non-commercial enjoyment. You may not make commercial use of, 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. Neither our Online Service nor any Recorded Content (defined below) is intended for commercial use. If you use any Service for commercial purposes, we reserve the right to charge you our commercial rate retroactively to the beginning of your Subscription. 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 in Subsection 6(a)), but not from more than one Web Device at any one time. SiriusXM Canada will hold you fully liable for all claims and losses resulting from your use or misuse of the Service and/or the Online Service.
d) Recorded Content.
Certain types of our radios and Receivers have the ability to record programming transmitted over the Service (“Recorded Content”). Subject to your radio’s restrictions and applicable laws, you may access such Recorded Content only as long as you pay your Subscription Fee as it becomes due. We reserve the right to change, reduce, eliminate or charge a fee for this and/or related functionality.
e) International Use Limitations.
To be a Subscriber, you must possess a physical address in Canada. We reserve the right to verify any address you provide, and to terminate your Service and keep any payments you have made to us, in the event your have provided an incorrect address. Subscribers may choose to access the Online Service internationally, but such use is not guaranteed by SiriusXM Canada, and is limited to web browser access and any applicable laws, regulations, or rules regarding the use of Web Devices (as defined in Section 6a), the Internet and the Online Service.
f) User Safety.
It is your responsibility to exercise prudent discretion and observe all safety measures required by law and your own common sense in using the Services. You assume the entire risk related to your use of the Services. SiriusXM Canada assumes no responsibility for accidents resulting from or associated with use of the Services. The Services and the information provided thereby are provided “as is” and SiriusXM Canada disclaims any and all representations, warranties and conditions, express and implied, with respect thereto or the transmission or reception thereof. In no event will SiriusXM Canada, its data suppliers, service providers, marketing/distribution, software or Internet partners or hardware manufacturers 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. See Section 10.
g) Stock Ticker Usage (only applicable with certain SiriusXM Canada Receivers).
Certain stock quote data on the Satellite 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 Satellite 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 SiriusXM 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 SiriusXM 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 Satellite Radio Service. See Section 10.
h) 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. We are not responsible for content that you or anyone else may find inappropriate. Please contact our Customer Care Center at 1-877-438-9677 for XM subscriptions and 1-888-539-7474 for Sirius subscriptions or visit our website www.siriusxm.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.
i) Commercial Subscribers (Satellite Radio Service only).
In addition to the other terms of this Agreement, this subsection applies if you use the Satellite 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 Satellite Radio Service in a commercial establishment, you must inform us promptly of any complaints you receive from any patron about the content of our Satellite 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 Centers for information on channel blocking at email@example.com for XM subscribers or firstname.lastname@example.org for Sirius subscribers. We reserve the right to block any channels from a commercial establishment based on listener complaints, CRTC inquiry, negative publicity, or similar factors.
Your commercial subscription authorizes you to play the Satellite Radio Service live in public in your establishment for the purpose of providing Background Music as contemplated by SOCAN Tariff No. 16 (2007- 2009) and NRCC Background Music Tariff 2003-2009, and their successor tariffs. You may not copy or record the broadcasts or the music provided by the Satellite Radio Service. If you use the Satellite Radio Service other than to provide Background Music as contemplated by SOCAN Tariff No. 16 (2007-2009) and NRCC Background Music Tariff 2003-2009, and their successor tariffs, you, and not SiriusXM Canada, will be responsible for the payment of any tariffs or royalties associated with such use and you will be responsible for obtaining the clearances from rights holders or their representatives necessary for such use. Any change to the royalty rates currently payable by SiriusXM Canada to the Society of Composers, Authors and Music Publishers of Canada (“SOCAN”) and Re:Sound Music Licensing Company (“Re:Sound”) may result in a change to your commercial subscription fee. Our commercial subscription fees and other charges and fees are subject to change upon providing notice to you, as described elsewhere herein. If paying against invoices, mail all payments to the following address:
Attention: Commercial Sales Manager
135 Liberty St., 4th Floor
j) 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.
k) Online Service (SiriusXM Internet Radio and SiriusXM online+).
You may listen to our Online Service on one single internet enabled device at one time. If you have multiple Subscriptions to the Service, you may be eligible to receive an additional Online Service account (username/password) for each such Subscription. You have the obligation to protect your username and password from unauthorized use. To access the Online Service your account must be in good standing and you must be in compliance with these Terms. Certain devices designed to work with the SiriusXM Internet Radio service or SiriusXM online+ service may require a separate subscription. We may or may not offer the same content on all of our platforms of the Service. Our Online Service may be unavailable or interrupted from time to time for a variety of reasons, such as unavailability or difficulties with the Internet generally or your web browser, computer, home wiring, or Internet service provider and/or other reasons that we cannot control. Our Online Service functions best when streamed over a broadband connection. We do not guarantee continuous, uninterrupted or secure access to the Online Service and are not responsible for any service degradations and/or interruptions that occur.
You may not rebroadcast our Online Service in any way. You may play our Online Service through speakers or headphones for personal listening. You may not make any recordings of, or otherwise duplicate, the content provided by our Online Service. In addition, you may not re-transmit or otherwise distribute the content provided by our Online Service in any way, including online streaming such content or making such content available for download. You may not re-skin, re-package, decompile, reverse engineer, disassemble our Online Service, or construct a media player or interface that accesses our Online Service. In addition, your use of any products or services that access our Online Service and which are provided by third parties not authorized by us to access our Online Service constitutes a violation of these Terms, even if you did not create such product or services and/or do not understand how they were created.
All content offered on the Satellite Radio Service may not be available on the Online Service and vice versa. Similarly, not all content offered on any of the Sirius or XM Services is available through the other modes of distribution (such as through the Internet, satellite TV, wireless, or other distribution affiliates we may engage from time to time).
The Online Service is intended to be enjoyed within the Service Area only. Your manipulation or “spoofing” of a Web Device as defined in Subsection 6(a) or any other activities undertaken to deliver to our servers a false geographical location is a violation of this Agreement. If you disable the geographical location tools on your Web Device and no other method of determining your location is available to us then you will not have access to the geographically restricted channels on your Internet-enabled device regardless of your location.
l) Use of the Site.
You assume all responsibility for use of our Site. You agree that any person using your identification issued for the Site will be treated and deemed by us as having been authorized by you to access your information as contained on the Site, and to have been authorized by you to take any other actions on your behalf. You will indemnify and hold harmless SiriusXM Canada and its affiliated companies from all damages, costs, expenses, liabilities and claims incurred by them arising out of any action taken by any person or entity using your username/password on the Site. You also waive all claims against SiriusXM Canada, its officers, directors, employees, suppliers and programmers that may arise from the utilization of the Site. At the end of each online session you should completely log out of the Service. Should your login ID or username/password be lost, stolen, sold, transferred or otherwise removed from your possession without your permission, contact us immediately so that your personal identifiers may be deactivated and reissued.
m) Interactive Services.
We may provide an opportunity for users to exchange information, ideas and opinions on our Site. Information, ideas and opinions posted by users do not necessarily reflect the views of SiriusXM Canada. We do not assume responsibility or accept liability for any information, materials, ideas and opinions posted by users (“User Content”). We are not liable for any claims, damages or losses resulting from or relating to User Content. We reserve the right to remove any User Content posted on our Site in our sole discretion, without notice. If you post any User Content on our Site, you agree that it does not and will not:
- Harass, defame, intimidate or threaten another user;
- Interfere with another user’s rights to privacy;
- Distribute chain letters, surveys or contests;
- Post any material that is defamatory (i.e., disparaging to the reputation of an individual or business);
- Post any material that is obscene or indecent;
- Post any trademarks, logos or copyrighted material without the authorization of the owner;
- Post any materials that may damage the operation of a computer (such as a virus, worm or Trojan horse); or
- Advertise or sell any goods or services.
By posting User Content, or sending any other material to us (“Material”), you represent and warrant that the Material is original to you and that no other party has any rights to the Material and you grant us and our affiliates the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Material (in whole or part), including any information, suggestions, ideas, drawings or concepts contained in such Material, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You are and will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such Material.
n) Changes to Packages and Plans.
You have the right to change your subscription “Package” (e.g., ask us to change from “Select” to “Premier”). You also have the right to change your subscription “Plan” (e.g., ask us to change from a Monthly Plan to a 3-Year Plan). How the change will affect your account and charges will depend upon the choices you make. Each Subscription to the Satellite Radio Service is tied to one Receiver. You may have multiple Receivers and multiple Subscriptions. Service fees and balances are typically account-related but sometimes Receiver-related. If you add additional Receivers to your account, you must purchase a separate Subscription for each one.
If you change an existing package or plan and keep the same Receiver, we will charge you the difference for the new Subscription. If the new fee is less than the fee for your current package or plan on the same Receiver, you may request a refund or leave the credit on account. If the credit is left on account, it will be automatically applied to the next charge. A Subscription you give up may be subject to early cancellation fees or nonrefundable prepayments, subject to applicable law. SERVICE CREDITS WILL BE HONORED IN THE FORM OF SERVICE FOR THE REMAINING LENGTH OF THE CREDIT. IF LISTENER CARE PUTS A SERVICE CREDIT ON YOUR ACCOUNT AS AN ACCOMMODATION, AND NOT DUE TO A CHANGE IN SERVICE, SUCH UNUSED SERVICE CREDITS WILL EXPIRE UPON TERMINATION OF YOUR SUBSCRIPTION AND MAY NOT BE TRANSFERRED TO ANOTHER PERSON. Lifetime, automotive pre-packaged, and certain promotional Subscriptions are nonrefundable; if you make changes to such Subscriptions, no Service credits will be due on your account.