4. USE OF SERVICE
You must be at least 18 years old (or the age of majority as determined by the laws of your province of residency) to assume the obligations set forth in these Terms. Minors may use the Service only if a parent or legal guardian assumes the obligations set forth in these Terms and thereby assumes full responsibility for the minor’s use of the Service.
b) Service Area.
We offer the Service solely in Canada. If your Service address is not in Canada, your Receiver (as defined below) will not be activated to receive the Service. 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 you have provided an incorrect service address.
c) Personal Use of the Service.
We provide the Service only for your personal, non-commercial enjoyment. You may not make commercial use of, reproduce, rebroadcast, or otherwise transmit our programming, or record, charge admission for listening to or distribute play lists of our programming. Neither our Internet Radio 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 10, 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.
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. We reserve the right to change, reduce, eliminate or charge a fee for this and/or related functionality.
e) Lifetime Subscription Plan.
A “Lifetime Subscription” is one that continues for the life of the Receiver equipment. Amounts paid for Lifetime Subscriptions are nonrefundable after the first year of service. If you cancel during the first year of service you will be charged a cancellation fee.
f) Service Interruptions.
Service may be unavailable or interrupted from time to time for a variety of reasons, such as environmental or topographic conditions and other things, many of which we cannot control. Service might also not be available in certain places (e.g., in tunnels, parking garages, or within or next to buildings) or near other technologies. Home, portable and office-based Receivers function best when the antenna is placed in or near a south-facing window with a clear view of the sky. Even if your antenna is near a south-facing window, certain window treatments could interfere with reception. We are not responsible for any noise and/or interruptions of the Service.
In your use of the Service it is your responsibility to exercise prudent discretion and observe all safety measures required by law and your own common sense. All actions and judgments taken with respect to the Service are your sole responsibility. You assume the entire risk related to your use of the Service.
h) Parental Control.
Some programming may include explicit language. It is your responsibility to impose listening restrictions that you consider appropriate on your family members and guests as you feel appropriate. We are not responsible for content that you or anyone else may find inappropriate. Please contact Customer Care to discuss options for channel blocking.
i) Right to Transfer a Subscription.
A Lifetime Subscription is not transferable if it is associated with a Receiver installed by an automaker or an automotive dealer in a vehicle, except in the event the original Receiver associated with that Lifetime Subscription is stolen, accidentally damaged or if, in the sole discretion of SIRIUS it is defective. A Lifetime Subscription associated with a home, portable, or dock & play Receiver is transferable from one Receiver to another Receiver, up to a maximum of three (3) times. If you transfer a Lifetime Subscription from one Receiver to another or from one person to another, you will be charged a transfer fee. All other Satellite Radio Service Subscriptions (other than Lifetime Subscriptions) are transferable from one Receiver to another. Permitted transfers of Satellite Radio Service Subscriptions (including Lifetime Subscriptions) are subject to a transfer fee, as set forth herein.
j) Internet Radio.
You may listen to our Internet Radio 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 Internet Radio online listening account (username/password) for each such Subscription. You have the obligation to protect your username and password from unauthorized use. To access Internet Radio your account must be in good standing and you must be in compliance with these Terms. Certain devices designed to work with our Internet Radio Service may require a separate subscription. We may or may not offer the same content on all of our platforms of the Service. Our Internet Radio 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 Internet Radio Service functions best when streamed over a broadband connection. We do not guarantee continuous, uninterrupted or secure access to the Internet Radio Service and are not responsible for any noise and/or interruptions that occur.
You may not rebroadcast our Internet Radio Service in any way. You may play our Internet Radio Service through speakers or headphones for personal listening. You may not make any recordings of, or otherwise duplicate, the content provided by our Internet Radio Service. In addition, you may not re-transmit or otherwise distribute the content provided by our Internet Radio 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 Internet Radio Service, or construct a media player or interface that accesses our Internet Radio Service. In addition, your use of any products or services that access our Internet Radio 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.
k) Use of the Website.
You assume all responsibility for use of this website. You agree that any person using your identification issued for the website will be treated by us 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 SIRIUS 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 SIRIUS, 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.
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 SIRIUS. 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. 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.