This Website is owned and operated by PlayNetwork, Inc. (“PlayNetwork”). As used herein, whenever we refer to "we," "our," "us," or "PlayNetwork.com/SiriusXM" in these Terms of Service, we are including PlayNetwork, Inc. and its affiliates, licensees and assigns and the term “You” (including “Your” and “Yours”) and “User” means an authorized representative of a specified organization that subscribes to, and pays fees to use, PlayNetwork.com/SiriusXM, and which shall also be bound by the terms of this Agreement.
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 by PlayNetwork, 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 Service 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 the owner, please notify our designated agent:
8727 148th Avenue NE
Redmond, WA 98052
To be effective, your notification must provide us with information that meets the requirements of the U.S. Copyright Act, which are summarized as follows:
The content on our Website is designed to promote our services only in the continental United States. We invite only residents of the continental United States to submit information to us through our Website. By submitting information to us through our Website, You warrant that:
PlayNetwork 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 PlayNetwork, Inc. 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:
You are responsible for the security of Your login ID and password ("Identification") for the Website. You agree that any person using Your Identification issued for the Website will be treated by PlayNetwork 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 PlayNetwork 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.
The USER assumes all responsibility for use of the PlayNetwork.com/SiriusXM Website. The USER waives all claims against PlayNetwork, its officers, directors, employees, suppliers, and programmers that may arise from the utilization of the PlayNetwork.com/SiriusXM Website.
For optimal performance and appearance, we recommend using Internet Explorer 9, or later, as well as any current versions of Mozilla Firefox, Google Chrome, and Apple Safari. You can download the latest version of Internet Explorer at www.microsoft.com/windows/ie/.
If You do not have a password or have forgotten your password, access the password management applications and request that your password be sent to you OR contact PlayNetwork.com/SiriusXM Listener Care at 1-888-XM4-BUSI (1-888-964-2874).
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.
You agree to defend, indemnify, and hold harmless PlayNetwork, Inc. 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 Service, applicable law or any right of PlayNetwork, Inc., its affiliates, or any third party.
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 Service or any other policy posted on our Website, or if we become aware that You are a copyright infringer.
YOUR USE OF PLAYNETWORK.COM/SIRIUSXM IS AT YOUR SOLE RISK. THE CONTENT OF PLAYNETWORK.COM/SIRIUSXM AND ANY GOODS AND SERVICES YOU ACQUIRE FROM PLAYNETWORK.COM/SIRIUSXM ARE PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING ANY WARRANTIES 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 PLAYNETWORK.COM/SIRIUSXM, FROM GOODS OR SERVICES ACQUIRED THROUGH PLAYNETWORK.COM/SIRIUSXM OR FROM ANY CONTENT POSTED ON PLAYNETWORK.COM/SIRIUSXM BY US OR ANYONE ELSE. WE WILL NOT BE LIABLE FOR ANY 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.
These Terms of Service are the entire agreement between PlayNetwork, Inc. and You in connection with your use of this Website. These Terms of Service are governed by and interpreted in accordance with the laws of the State of Washington, without regard to their principles of conflicts of law. Any action to enforce these Terms of Service will be brought in the federal or state courts located in King County, Washington. You consent to the personal jurisdiction of these courts for the purpose of any proceeding arising out of these Terms of Service. Any part of these Terms of Service 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 the United States, You accept full responsibility for compliance with all local laws. You are also subject to any United States export controls and are responsible for any violations of United States applicable embargoes or other federal rules and regulations restricting exports.
We may change these Terms of Service from time to time by posting revised Terms of Service on this Website, without notice to You. Your subsequent use of this Website will be governed by the new Terms of Service. Any questions about the Terms of Service should be directed to email@example.com.
September 30, 2008