1. Our Service
a) Changes to Programming.
The Service consists of a wide variety of music, sports, news, talk, children’s and other entertainment 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 cancelling, 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 XM 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. Different system configurations will yield different results. We recommend the following system configurations:
- Internet Connection: Broadband
- Processor: Pentium III 1 GHz
- Memory: Minimum 500 MB RAM, minimum 64 MB Video RAM
- Operating System: Windows XP, Windows Vista, Windows 7
- Sound: Soundcard w/ speakers or headphones
- Additional Software: Windows Media Player 9, Adobe Flash Player 9, Windows Media Player Plugin for Firefox Browser
- Internet Connection: Broadband
- Processor: G4 or higher
- Memory: 500 MB RAM, 64 MB Video RAM
- Operating System: OS X
- Sound: Soundcard w/ speakers or headphones
- Additional Software: Windows Media Player 9, Windows Media Player components for Quicktime, Flip4Mac Plugin, Adobe Flash Player 9
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 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 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 monthly 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 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.
f) User Safety.
If you use 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. XM 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 XM 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 XM 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 XM 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 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 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 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.
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 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 Satellite 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 Satellite 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:
590 King St. West, Suite 300
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 (XM Internet Radio and XM 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 XM Internet Radio service or XM 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 things 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 noise 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 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.
l) Use of the Website.
You assume all responsibility for use of our website. You agree that any person using your identification issued for the website will be treated by us, and deemed, as having been authorized by you to access your information as contained on the website, and take any other actions on your behalf. You will indemnify and hold harmless XM 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 this website. You also waive all claims against XM Canada, its officers, directors, employees, suppliers and programmers that may arise from the utilization of this website. 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 website. Information, ideas and opinions posted by users do not necessarily reflect the views of XM Canada. We do not assume responsibility or accept liability for the accuracy of any information, ideas and opinions posted by users. We are not liable for any claims, damages or losses resulting from any information, ideas and opinions posted by users. You authorize us to use and publish any materials that you post on this website in any manner we choose and without any obligation to compensate you or anyone else. We reserve the right to remove any materials posted on our website in our sole discretion, without notice. If you post any materials on our website, you 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.