THX Ltd. is committed to protecting your privacy. We recognize that the trust of our customers and web visitors requires vigilant, responsible privacy protections. Any Personal Information obtained will be held and used in accordance with this Privacy Policy. A more detailed explanation about how we safeguard your Personal Information is described below. By using our site, services or apps, you indicate your acceptance of this Privacy Policy. If you have any questions or comments about this Privacy Policy, please contact us at [email protected].

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 external processing/hosting/email: We provide Personal Information to our affiliates or other trusted businesses or persons to process and/or host it for us, or to send communications on our behalf, based on our instructions and in compliance with our Privacy Policy and any other appropriate confidentiality and security measures.

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.
• Enforce applicable Terms of Service, Terms of Use or other contract, including investigation of potential violations.
• 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.

If THX is involved in a merger, acquisition or asset sale, we will give affected users notice (which may be by posting changes to this Privacy Policy or otherwise on our website) before Personal Information is transferred or becomes subject to a different privacy policy.

Information Security

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

The THX Professional Portal requires a user ID and password and is designed for registered members of our training programs to learn and share information on educational workshops, home theater design, installation, THX technologies, and THX product certification. This portion of the website may contain links owned and operated by third party providers affiliated with THX. The information contained on these sites is not covered by this Privacy Policy, but by their own terms and conditions which you should read carefully. Please be aware that technical and industry related information provided by members on the technical forum is viewable by other forum members. THX does not do anything with this information, is not responsible for editing or verifying it, and cannot guarantee its accuracy.

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

Cookies: A cookie is a small data string that is written on your computer hard drive by a web server. Cookies play an important role in providing a good customer experience using the web. Among other things, cookies enable a website to maintain information when a user’s web browser requests a series of web pages. Without cookies, for example, a website owner may not be able to recognize that a user just completed the first step during an online search so that the search results can be presented. Cookies generally hold information, including data strings that contain a unique user ID which allow websites, including ours, to customize your experiences on the site and gather information about your navigation of the site. THX’s website may use different kinds of cookies, including cookies to allow you to log in to secure areas, cookies to measure site performance, and cookies to facilitate advertising. Information gathered from cookies helps us understand how our web pages are performing and provides website usage information to support customizing and improving our site and its messaging. We also use cookies to help verify the identity of a website user or to recognize you as a repeat visitor and remember your preferences. You can manage cookies by utilizing the privacy widget that pops up when you visit our site, or by using features and functions available on most Internet browsers. For example, most browsers will allow you to choose what cookies can be placed on your computer and to delete or disable cookies. You can find instructions for managing cookie controls on the browser’s websites or in the help sections of particular browsers. Please note that disabling cookies may prevent you from using specific features on our site and other websites, such as ordering products or services and maintaining an online account. Cookie Settings

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.

International

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:

THX Ltd.
Attention: General Counsel
201 Third Street, Suite 909
San Francisco, California 94103
U.S.A.

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

THX reserves the right to change its Privacy Policy at any time, with or without notice, effective upon posting the changed version on this site. Changes that we make to this Privacy Policy will be prospective, not retroactive. The effective date of this version of the Privacy Policy is listed below.

Effective date of revision: April 8, 2021

These Terms and Conditions of Use (the “Terms of Use”) apply to the THX Web site located at www.thx.com, and all associated sites linked to www.thx.com by THX Ltd. (“THX”) (collectively, the “Site”). By using or visiting the Site, you agree to these Terms of Use. If you do not agree to the Terms of Use, do not use the Site. In addition, when using particular services available on this Site, you will be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms of Use. THX reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site after the posting of changes to these Terms of Use will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, THX grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Please note that additional and/or different terms of use may apply to services provided through one or more business associates of THX, and you should refer to those before using such services.

Content And Ownership

This Site is owned and operated by THX. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, characters, sounds, music, trailers, artwork, stories, information and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to THX, and is protected by trade dress, copyright, patent and/or trademark laws, and various other intellectual property rights and unfair competition laws. Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, modified, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without THX’s express prior written consent. Any use of any of the materials on this Site other than for private, non-commercial viewing purposes is strictly prohibited. The sale, auction, lease, loan, gift, trade or barter, or use of any of the text, graphics, photographs, audio and/or video material or stills from audiovisual material or any other materials contained herein, for any other purpose, in any form, media or technology now known or hereafter developed, including the use of any of the aforementioned materials on any other Web site or networked computer environment, without express prior written consent from THX, is expressly prohibited. The creation of derivative works based on the materials contained herein including, but not limited to, products, services, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise (whether sold, bartered or given away) is expressly prohibited. You may use information on THX products and services (such as brochures, white papers, and similar materials) purposely made available by THX for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

Privacy

THX’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view THX’s Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others.

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

In connection with your use of any of the chat areas, bulletin boards, e-mail or other public communication elements of this Site, you may not upload to, distribute through, or otherwise publish through this Site any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability, or violates any law. Your use of this Site must only be in a noncommercial manner. You cannot, without THX’s express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of THX or others.

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:

THX Ltd.
Attention: General Counsel
201 Third Street, Suite 909
San Francisco, California 94103
U.S.A.

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.

Disclaimers

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.

Indemnity

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.

Termination

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.

Miscellaneous

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.

These Terms of Use constitute the entire agreement between you and THX with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and THX with respect to such use are hereby superseded and cancelled. The failure of THX to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. These terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.

You agree that any action at law or in equity arising out of or relating to these terms or the Site shall be filed only in the state or federal courts in and for San Francisco County, California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use do not confer any rights or remedies on any third parties.

THX Onyx™ Warranty

Updated: April 8, 2021

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