Collection And Use Of Personal Information
THX is the sole owner of the information collected by THX from your use of our website or apps. “Personal Information” is information that can be used to identify an individual and may include but is not limited to, name, gender, email address, telephone number, mailing address, device type, operating system, browser, internet or data service provider, and postal code. Personal Information is collected by: (1) our website whenever you order a product or make use of a service offered, (2) our apps when you download or use our apps, and (3) THX when you register for our training classes, subscribe to a newsletter, apply to join our THX Retailer Program, request information, or participate in a survey or sweepstakes contest. If you use our apps, we may also collect your app usage data and information about your home theater equipment and configuration. If you participate in a survey, questionnaire or sweepstakes, we may also collect information about your equipment, preferences, home theater configuration, user feedback, answers to questions, and, if prizes or monies are paid, your tax withholding and reporting information. If you apply to participate in the THX Retailer Program, we may also collect information about your business, including business name, address, phone number, website URL, and email address.
The purpose of collecting and storing Personal Information is to create personal profiles, enable viewing of protected content, improve our products, services and apps, create a better visitor experience, provide feedback and support, measure and analyze our visitor traffic and app usage, administer exams, provide test scores, and/or review information received in order to consider you for employment opportunities.
We do not share Personal Information with companies, organizations and individuals outside of THX unless one of the following circumstances apply:
We will share Personal Information with companies, organizations or individuals outside of THX when we have your consent to do so.
For example, we use third parties to host our website and apps, to track and analyze visitor traffic, and to send email newsletters on our behalf. We provide these companies with Personal Information as necessary to enable them to provide these services.
For legal reasons: We will share Personal Information with companies, organizations or individuals outside of THX if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:
- Meet any applicable law, regulation, legal process or enforceable governmental request.
- Detect, prevent, or otherwise address fraud, security or technical issues.
- Protect against harm to the rights, property or safety of THX, our users or employees or the public as required or permitted by law.
We may share aggregated, non-personally identifiable information publicly and with our partners – like manufacturers, licensees, advertisers or connected sites. For example, we may show trends about the general use of our site, products, services and apps.
We work hard to protect THX and our users from unauthorized access to or unauthorized alteration, disclosure or destruction of information we hold. In particular:
We review our information collection, storage and processing practices, including physical, managerial and contractual security measures, to guard against unauthorized access to systems.
We restrict access to Personal Information to THX employees, contractors and agents who need to know that information in order to process it for us, and who are subject to contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations.
Changing Or Deleting Personal Information
If you want to inquire about, delete or change any Personal Information or if you no longer wish to receive emails or materials from us, please contact us at [email protected].
Extranet/Forum/Bulletin Boards/Chat Rooms
Discussions on this website are intended for a friendly, professional and respectful exchange of information in a question and answer format. We reserve the right to terminate the accounts of members who use this site in a manner deemed inappropriate by THX.
Cookies, Web Beacons And Web Logs
Web Beacons: THX and third-party advertisers may use web beacons. Some THX web pages contain web beacons in the form of clear .gif files, which are electronic images that allow for the collection of information about your interactions on our sites. Web beacons may be used to place advertisements, to understand website traffic patterns and the number of visitors to our website, and to measure the effectiveness of advertisements or email messages.
Web Logs: Standard web logs are used for collecting files accessed, date and time of access, and IP address of the computer accessing the information.
Children And Parents
THX’s products, services, site and apps are directed at adults. THX does not knowingly collect information from children under the age of thirteen (13) years old. No one under age 13 is allowed to provide any Personal Information or use our site, apps, online store or forums. Minors between the ages of 13 and 17 must get the permission of their parent(s) or legal guardians(s) before making purchases, including subscriptions, on this site or our apps.
When we process Personal Information in the United States, we follow United States data protection and privacy regulations, which may not offer the same level of protection as in other parts of the world, such as the European Union. If you are using our site, services or apps from a country other than the United States (where our servers are currently located), various communications will necessarily result in a transfer of information across international boundaries. Accordingly, by using our site, services or apps, you consent to the transfer, storage and use of your data to and in the United States.
Depending on the applicable law in your jurisdiction, you may have various rights in respect to your personal information, such as a right of access, rectification, restriction of or, objection to processing of your personal data (including processing for direct marketing), and portability to another controller and erasure. For assistance with your personal information rights, please contact us at [email protected]. Please note that these rights are subject to limitations set out in law.
If you do not want to receive advertising by e-mail, you will be given an opportunity to opt-out in the communications you receive.
If you have additional questions about this policy and our practices or if you have complaints about THX’s use of your personal information, please contact us at:
Attention: General Counsel
201 Third Street, Suite 909
San Francisco, California 94103
Email: [email protected]
For users and members in the European Union, if you have concerns about THX’s collection and use of your personal information that THX cannot solve to your satisfaction, you have the right to file a complaint with the competent Supervisory Authority in your jurisdiction.
Effective Date of Policy
Effective date of revision: April 8, 2021
THX.COM WEBSITE TERMS AND CONDITIONS OF USE
Content And Ownership
Links To Other Sites
This Site may include links to other independent third-party Web sites solely as a convenience to visitors, including the THX Online Store. Such linked sites are not under THX’s control, and THX is not responsible for and does not endorse any such linked sites or the information, material, products, content, or services contained in such linked sites or other sites accessible through those linked sites. Furthermore, THX makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at your own risk.
Use Of Site And User Postings
This Site may enable visitors to post their reviews, remarks, comments and other content. You may post such content so long as it is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of posted content. We reserve the right (but not the obligation) to remove or edit such content, although we do not regularly review posted content. If you post any such content, you grant THX and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media. You also grant THX and its affiliates the right to use the name that you submit with any such content. You represent and warrant that you own or otherwise control all of the rights to any content that you post and that THX’s use of your content will not infringe upon or violate the rights of any third party. We do not want to receive confidential or proprietary information from you through this Site or otherwise. Please note that any information or material you submit over this Site or in any other manner will not be deemed to be confidential. By sending us any information or material, you grant THX and its affiliates an unrestricted, irrevocable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such information or material.
Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing THX’s Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
THX’s designated Copyright Agent to receive notifications of claimed infringement is:
Attention: General Counsel
201 Third Street, Suite 909
San Francisco, California 94103
Email: [email protected]
For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to THX customer service through [email protected]. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, THX may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at THX’s sole discretion.
THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THX DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT THX) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation Of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THX BE LIABLE FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR THE INABILITY TO USE THE MATERIALS ON THIS SITE, EVEN IF THX OR A THX AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THX’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
You agree to indemnify and hold THX, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against THX by any third party due to or arising out of or in connection with your use of the Site.
You agree that THX, in its sole discretion, may terminate any account (or any part thereof) you may have with us or use of the Site and remove and discard all or any part of your account or any of your postings, for any reason whatsoever in THX’s sole discretion. THX may also in its sole discretion and at any time discontinue providing this Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site or any account you may have or portion thereof may be effected without prior notice, and you agree that THX shall not be liable to you or any third-party for any such termination.
You may not use or export or re-export any Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations. Any offer for any feature, product, or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
Updated: April 8, 2021