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.
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.
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:
175 Avenue Road
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.).
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.
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.
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 firstname.lastname@example.org.
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
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
Our use of any personal information you provide us through our
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,
applicable law or any right of XM Canada, its affiliates or any
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
our Website, or if we become aware that you are a copyright
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.
Effective Date: November 14, 2005