Terms of Use
We have adopted the following Terms of Use, which apply to everyone who accesses and uses our Website. We reserve the right to change the Terms of Use without notice. A current version of the Terms of Use is always available on this Website, and you should check this page regularly for changes.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING OUR WEBSITE. BY ACCESSING OR USING OUR WEBSITE, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS OF USE. PLEASE DO NOT USE OUR WEBSITE IF YOU DO NOT AGREE WITH THESE TERMS OF USE.
This Website is owned and operated by XM Canada. XM Canada is a
registered business name of Canadian Satellite Radio Inc. Whenever
we refer to 'we,' 'our,' 'us' or 'xmradio.ca' in these Terms of
Use, we are referring to XM Canada and its affiliates.
Intellectual Property
All text, software (including source and object codes), data, information, visual, oral or other digital material, and all other content of any description available on our Website or included in any services we offer (collectively, the 'Content'), and all worldwide copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how, database rights and all other rights in or relating to the Content (collectively, the 'Intellectual Property') are owned either by us or XM Satellite Radio Inc., its affiliates or third parties who have given us permission to use it.
You may download one copy of the Content to any single computer for your personal, non-commercial home use only, provided that you keep intact all copyright and other proprietary notices. You may not otherwise reproduce, perform, distribute, display or create derivative works from the Content.
You may only use the Content and the Intellectual Property, access our Website and use any services we provide through our Website as expressly permitted in these Terms of Use and for no other purposes.
If you are authorized to act on behalf of a copyright owner, and any material on our Website infringes on the rights of the owner, please notify our designated agent:
XM Canada
175 Avenue Road
Toronto, Ontario
M5R 2J2
legal@xmradio.ca
It is XM Canada's policy to investigate claims of alleged copyright infringement promptly and to take any action it deems appropriate. To be effective, your notification of infringement must provide us with following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- A detailed identification of the copyrighted work or works claimed to have been infringed;
- Information sufficient to permit us to locate the allegedly infringing material and information reasonably sufficient to permit us to locate the material;
- Information sufficient to permit us to contact you, such as an address, telephone number or email address;
- A statement that you have a good faith belief that the use of the allegedly infringing material in the manner complained of is not authorized by the copyright owner, its agent or the law;
- Your sworn statement that the information in your notification is accurate; and
- Your sworn statement that you are authorized to act on behalf
of the copyright owner of the allegedly infringing material.
Provision of Information Through our Website
The content on our Website is designed to promote our services only in the provinces and territories of Canada. We invite only residents of Canada to submit information to us through our Website. By submitting information to us through our Website, you warrant that:
- You are at least 18 years old;
- You are a resident of Canada; and
- You are providing accurate and current information about yourself.
XM Canada will hold you fully liable in all claims and losses
resulting from your use or misuse of the Website, including, but
not limited to any activity related to account information (user
name, password, financial data, etc.).
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.
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.
Passwords
Once we are able to provide our satellite radio service to you
on-line through our Website, you will be responsible for the
security of your login ID and password ('Identifications') for the
Website. You agree that any person that uses your Identification
issued for the Website will be treated by XM Canada as having been
authorized by you to access your information as contained on the
Website, and take any other actions on your behalf. You agree that
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 an Identification.
User Responsibility
You assume all responsibility for your use of the XM Canada
Website. You waive all claims against XM Canada, its officers,
directors, employees, suppliers and programmers that may arise from
the utilization of this Website.
Recommended Browser Versions
1. Recommended Browsers
Once we are able to provide our satellite radio service to you
on-line through our Website we recommend using Internet Explorer
5.5, or a later version for optimal performance and appearance. You
can download the latest version of Internet Explorer at www.microsoft.com/windows/ie/.
We will also be able to support Netscape Navigator 4.73 or a later version, and Internet Explorer 4.0, Service Pack 2, although you may encounter problems with page appearance and layout using these browsers. Netscape Navigator 4.7 and Internet Explorer 4.0 support only English and Western-European languages.
2. Problems Logging In
Once we are able to provide our satellite radio service to you
on-line through our Website if you do not have a password or have
forgotten your password contact Listener Care @ 1-877-GET-XMSR
(1-877-438-9677) or by e-mail at care@xmradio.ca.
If you have a password but cannot log in, your browser security settings might be too high. Try one of the following methods to change your security settings, save your new settings, and then try again.
- For Internet Explorer: Choose Internet Options from the Tools menu. On the Security tab, select Medium security.
- For Netscape: Choose Preferences from the Edit menu. In the
Preferences window, click Advanced, then select 'Accept all
cookies.'
Links to Third-Party Websites
Our Website may provide you with links to third-party websites.
We have no control over the content of third-party websites or the
services and products available from third-party websites. We are
not liable for any direct or indirect damages or losses caused by
your use of third-party websites. You assume full responsibility
when you choose to follow any links on this website that lead to
third-party websites.
Privacy
Our use of any personal information you provide us through our
Website will be governed by our Privacy Policy. You may view our
current Privacy Policy at Privacy
Policy
Indemnification
You agree to defend, indemnify and hold harmless XM Canada and
its affiliates, officers, agents, employees, licensors and service
providers from any and all claims, liability and expenses,
including attorneys' fees, whether in tort, contract or otherwise,
relating to or arising out of your breach of these Terms of Use,
applicable law or any right of XM Canada, its affiliates or any
third party.
Termination
We may terminate your right to use our Website at any time and
without notice. We will terminate your right to use our Website if
you violate any of these Terms of Use or any other policy posted on
our Website, or if we become aware that you are a copyright
infringer.
Disclaimer of Warranties; Limitation of Liability
YOUR USE OF XMRADIO.CA IS AT YOUR SOLE RISK. THE CONTENT OF
XMRADIO.CA AND ANY GOODS AND SERVICES YOU ACQUIRE FROM XMRADIO.CA
ARE PROVIDED TO YOU 'AS IS' WITHOUT ANY WARRANTIES OR CONDITIONS OF
ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES AND
CONDITIONS, INCLUDING ANY WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR
PURPOSE. IN PARTICULAR, WE MAKE NO WARRANTY THAT THE CONTENT OF THE
WEBSITE IS ERROR-FREE AND TIMELY WITH ALL UPDATES.
WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING THOSE
RESULTING FROM THE USE OF OR THE INABILITY TO USE XMRADIO.CA, FROM
GOODS OR SERVICES ACQUIRED THROUGH XMRADIO.CA OR FROM ANY CONTENT
POSTED ON XMRADIO.CA BY US OR ANYONE ELSE. WE WILL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR
PUNITIVE DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN
IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
General
These Terms of Use are the entire agreement between XM Canada and you in connection with your use of this Website. These Terms of Use are governed by and interpreted in accordance with the laws of the Province of Ontario, Canada, without regard to their principles of conflicts of law. The courts of the Province of Ontario, Canada shall have exclusive jurisdiction with respect to any dispute arising from these Terms of Use and you consent to the jurisdiction of these courts for the purpose of any such proceeding. Any part of these Terms of Use found to be invalid or unenforceable by a court of competent jurisdiction will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable parts of this Agreement will remain binding upon the parties. By choosing to access our Website from any location other than Canada, you accept full responsibility for compliance with all local laws. You are also subject to any Canadian export controls and are responsible for any violations of applicable Canadian rules and regulations restricting exports.
We may change these Terms of Use from time to time by posting revised Terms of Use on this Website, without notice to you. Your subsequent use of this Website will be governed by the new Terms of Use. Any questions about the Terms of Use should be directed to legal@xmradio.ca.
Effective Date: November 14, 2005