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Satellite Radio Superstore Terms & Conditions:
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Welcome to xm-radio-satellite.com
We have adopted the following Terms of Service, which apply to everyone
who accesses and uses our website. We reserve the right to change the
Terms of Service without notice. A current version of the Terms of
Service is always available on this page, and you should check this page
regularly for changes.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING
OUR WEBSITE. BY ACCESSING OR USING OUR WEBSITE, YOU AGREE TO BE LEGALLY
BOUND BY THESE TERMS OF SERVICE. PLEASE DO NOT USE OUR WEBSITE IF YOU DO
NOT AGREE WITH THESE TERMS OF SERVICE.
This website is owned and operated by IBSM Inc., D.B.A. Satellite Radio
Superstore. Whenever we refer to "we," "our," "us" or
"xm-radio-satellite.com" in these Terms of Service, we are including
IBSM Inc. 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 by IBSM 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:
Matt Moffett
7213 Sandscove Court Suite 10
Winter Park, Florida 32792
407-657-8777
matt@xmradio4u.com
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:• 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;
• 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 XM Radio's 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:• You are at least 18 years old;
• You are a resident of the continental United States; and
• You are providing accurate and current information about yourself. IBSM Inc. D.B.A Satellite Radio Superstore. 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 IBSM 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:• 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
You are responsible for the security of Your login ID and password
("Identifications ") for the Website. You agree that any person using
Your Identification issued for the Website will be treated by IBSM Inc.
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 IBSM Inc. 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
The USER assumes all responsibility for use of the Satellite Radio
Superstore Web Site. The USER waives all claims against IBSM Inc., its
officers, directors, employees, suppliers and programmers that may arise
from the utilization of the Satellite Radio Superstore Web Site.
RECOMMENDED BROWSER VERSIONS
1. Recommended Browsers For optimal performance and appearance, we recommend using Internet
Explorer 5.5, or later. You can download the latest version of Internet
Explorer atwww.microsoft.com/windows/ie/.
We also support Netscape Navigator 4.73 or later, 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 If you do not have a password or have forgotten your password, contact
Satellite Radio Superstore @ 407-657-8777.
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 athttp://www.xm-radio-satellite.com/index.asp?PageAction=Custom&ID=36
INDEMNIFICATION
You agree to defend, indemnify and hold harmless IBSM 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
IBSM Inc., 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 Service 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 XM-RADIO-SATELLITE.COM IS AT YOUR SOLE RISK. THE CONTENT OF
XM-RADIO-SATELLITE.COM AND ANY GOODS AND SERVICES YOU ACQUIRE FROM
XM-RADIO-SATELLITE.COM 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. ALL PHOTOS, DESCRIPTIONS, AND CONTENT WRITTEN OR DESCRIBED ON
THIS SITE ARE FOR INFORMATIONAL PURPOSES ONLY AND MAY VARY SLIGHTLY FROM
THE PRODUCTS SHIPPED.
WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING THOSE RESULTING
FROM THE USE OF OR THE INABILITY TO USE XM-RADIO-SATELLITE.COM, FROM
GOODS OR SERVICES ACQUIRED THROUGH XM-RADIO-SATELLITE.COM OR FROM ANY
CONTENT POSTED ON XM-RADIO-SATELLITE.COM 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.
GENERAL
These Terms of Service are the entire agreement between IBSM 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 stae
of Florida and the United States of America, without regard to their
principles of conflicts of law. Any action to enforce these Terms of
Service will be brought in the federal courts located in the stae of
Florida or in the stae of Florida courts. 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 tocontactus@xmradio4u.com.
Effective Date: July 19, 2004
(Revised December 28, 2009) |
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