Other Terms and Policies
Effective Date: March 26, 2023
These Terms of Service (the “Terms) govern your use of the websites, software applications, and other online services (collectively, “Services”) provided by Home Theater Fanatics, LLC (“HTF” or “we”). The Services include, but are not limited to, the website located at www.hometheaterfanatics.com.
By using the Services, you are agreeing to these Terms, which incorporate our Acceptable Use Policy. These Terms are a binding agreement between you and HTF.
These Terms contain provisions that limit our liability to you and require you to resolve disputes individually, through final and binding arbitration. That means that you waive any right to have a judge or jury decide your case and that you cannot bring claims in a class action lawsuit (or any similar proceeding). Please see “Disclaimers”, “Limitation of Liability” and “Governing Law and Dispute Resolution” below for more information.
Changes
We may make changes to these Terms at any time by posting them on the Services. Any changes will be effective at the time of posting.
Accounts
In order to use certain Services, you will need to create an account. All the information you provide when you create your account must be true, accurate, current and complete. You are responsible for all activity in your account, so please secure and protect your login information and password. HTF does not currently offer its Services in, or support user accounts from, Switzerland, the UK or countries in the European Economic Area.
Offers
You will find coupons, deals, advertisements and other offers on the Services (“Offers”). Offers are for products and services provided by third parties (each, a “Seller”), and if you choose to accept an Offer, the transaction will be between you and the Seller.
HTF has relationships with certain Sellers, and we may get paid by brands or deals, including for promoted items. HTF is not a party to, or in any way responsible for, your interactions with a Seller, including when we have an affiliate relationship with the Seller. We are not responsible for fulfilling Offers or for the products and services in an Offer.
Before you purchase a product or service or otherwise accept an Offer, please read the entire description of the Offer, including the fine print and any additional information, terms and conditions on the Seller’s website. You are responsible for understanding what you are buying and for following the Seller’s instructions. The terms and conditions of Offers, including rebate, refund and cancellation policies, are governed by the Seller’s policies, not ours. Please contact the Seller directly for questions regarding the Offer or your transaction with the Seller.
Your Content
Our Services may let you post content, including photos, images, comments, links, Offers, and other materials. Anything that you post or otherwise make available on or via the Services (including (1) content that you share to your social media accounts from the Services and (2) content that includes a HTF tag) or on our accounts on third-party platforms (e.g., Twitter, app stores) are referred to as “User Content.” User Content also includes your publicly visible profile, including your user name and other information about you and your account that is associated with your post.
When you post User Content, you represent and warrant that you have all rights necessary to do so, including but not limited to having sufficient intellectual property rights in the User Content, and that to the best of your knowledge, the User Content complies with all applicable laws.
As between you and HTF, aside from the limited license described below, you retain all rights in the User Content. You grant HTF, its affiliates and its business partners (including Sellers and content syndicators) a perpetual, irrevocable, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, publish, transmit, modify, move the location of, create derivative works of, perform, and distribute your User Content on the Services, third-party sites (e.g., under our accounts or our business partners’ accounts with social networking sites and apps or on our business partners’ websites and apps) and any other medium which now exists or may exist in the future. Nothing in these Terms shall restrict other legal rights HTF may have to User Content.
We are not obligated to review or monitor User Content, but we reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.
We do not guarantee how quickly your User Content will appear on the Services or whether, how and where it will appear. We reserve the exclusive right to describe, categorize and place Offers in our sole discretion.
We value hearing from you, and are always interested in learning about ways we can improve the Services. If you choose to submit comments, ideas or feedback, whether via the Services or any third-party platform (e.g., Twitter, the Apple App Store or Google Play Store), you agree that we may use them without restriction and without any compensation, attribution or accounting to you.
Community Standards
In addition to your other responsibilities under these Terms, including our Acceptable Use Policy, you must comply with the following:
- Do not use the Services, including our site, app or extension, if you are under age 16.
- You may only open one account.
- You must abide by all applicable laws, refrain from violating any third-party rights and comply with any applicable third-party terms and agreements in connection with your use of the Services.
- You must comply with all policies posted on the Services.
- Do not transfer your HTF account to another person without our written consent.
- Accounts that have been terminated for failing to comply with these Terms may not be reopened under another name.
- You must provide accurate and honest information to us at all times, including in your User Content.
- Your Offers may only include products or services that fall within the categories shown on the Services.
- Do not reproduce, distribute, modify, prepare derivative works of, translate, reverse engineer, reverse compile or disassemble the Services or any portion of the Services.
- Do not derive the source code of the Services for any reason.
- Do not rent, sell or sublicense any of the Services.
- Do not damage, interfere with, disrupt or unreasonably overload the Services.
Do not offer or accept compensation for voting on a deal.
Our Content and Proprietary Rights
Do not copy, repurpose or distribute any content found on the Services, including other users’ User Content and Offers, for any purpose, without our express written permission.
Infringement
We respect intellectual property rights, and expect our users to do the same. If you believe that your intellectual property rights have been violated, please inform us by emailing info@hometheaterfanatics.com.
Suspension and Termination
We may suspend or terminate your account for any reason or no reason. Possible reasons for suspending or terminating an account include if you violate the Terms, cause liability to us or other users of the Services or do not use your account.
Contact Information
You agree that we may communicate with you using any contact information you have provided us (e.g., email, mobile number, physical address). You may opt out of some of those communications.
You can contact us at:
info@hometheaterfanatics.com
Indemnity
You will indemnify, defend, and hold harmless HTF and its affiliates, officers, directors, shareholders, employees, contractors, licensors, licensees, agents, Sellers and representatives and the other users of the Services (the “Covered Entities”) against all liability, claims, costs, damages, settlements, and expenses (including interest, penalties, attorney fees and expert witness fees) incurred by any Covered Entity in any way arising out of or relating to these Terms, your use of the Services or your User Content. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, at your expense. You agree to cooperate with our defense of such claims.
DISCLAIMERS
HTF is not a party to the transactions between you and a Seller. We do not control the terms of the Offers or the products or services associated with Offers, including their availability or Sellers’ right to sell them. We do not guarantee the truth or accuracy of the Offers.
HTF disclaims any warranty or obligation that it will monitor, verify, edit, remove or continue to display any Offers and/or User Content and all liability for monitoring, verifying, editing, removing or continuing to display any Offers and/or User Content.
We provide the Services “as is” and “as available” without any warranties, whether express, implied or statutory. We disclaim any implied warranties, including warranties of title, merchantability, performance, fitness for a particular purpose and non-infringement. The Covered Entities do not make any representation as to the potential savings, revenues or other benefits you may realize by using the Services.
The Services and User Content contain links to third-party websites, apps and other online properties that are not owned or controlled by HTF. For example, if you click on the link in an Offer, you are visiting a third party site and interacting directly with that third party. We do not endorse or assume any responsibility for any such third parties or third-party properties. If you access a third–party website, app or other property, you do so at your own risk and you agree that HTF will have no liability arising from your use of any such properties.
Please note that some jurisdictions do not allow disclaimers of certain warranties or exclusions, so some or all of these disclaimers and exclusions may not apply to you.
LIMITATION OF LIABILITY
To the maximum extent permitted by law, the Covered Entities shall not be liable for any direct, consequential, incidental, indirect, special, punitive or other damages (including but not limited to lost profits, business interruption or loss of business information) arising out of or related to these Terms, the Services, any User Content or the use of or inability to use the Services, even if we have been advised of the possibility of such damages. If the foregoing limitation is not legally enforceable, the maximum liability of all Covered Entities collectively, for all actions arising out of or related to these Terms, the Privacy Policy, and the Services is $5.00. Some jurisdictions do not allow limits of liability for some types of damages, so all or part of this limitation may not apply to you.
Governing Law and Dispute Resolution
The laws of the State of Colorado, excluding conflict of laws rules, will exclusively govern any dispute relating to these Terms and/or the Services. Except for the arbitration provisions below, all claims and disputes can be litigated only in the federal or state courts in Colorado, and you and HTF each agree to personal jurisdiction in those courts. Any claim arising out of or related to these Terms must be brought in the initiating party’s individual capacity and not as a plaintiff or class member in any class action or other similar proceeding.
Unless you opt out, you and HTF will resolve all claims relating to these Terms or the Services through final and binding arbitration with the American Arbitration Association (including disputes about these arbitration provisions). The arbitration will be conducted by a single arbitrator under the AAA’s Commercial Arbitration Rules, in the United States county where you live or work, Colorado, or any other location we agree to.
You can opt out of arbitration by sending a request to our email below. The email must be marked “LEGAL NOTICE: ARBITRATION OPT OUT” in the subject line and received within 30 days of the date that you first access the Services. You must include all information necessary for us to identify you. Once you opt out, your opt out will remain binding even if we update these Terms.
Some claims do not have to go to arbitration: claims that qualify for small claims court, lawsuits for injunctive relief and claims of intellectual property infringement.
Miscellaneous
- These Terms incorporate any policy that is posted on the Services, including our Acceptable Use Policy and our Terms and Conditions for HTF Giveaways, Promotions and Offers.
- We will be entitled to recover all costs, including attorneys’ fees, that we incur in order to enforce these Terms.
- Any notices required or permitted by these Terms (other than legal process) may be given by email with the proviso that we will email your account address and you will email us at info@hometheaterfanatics.com. Email notices will be deemed effective 24 hours after the time of sending. Mailed notices will be deemed effective three calendar days after the date of mailing.
- You are responsible for being informed about and complying with all laws, rules and regulations that apply to your use of the Services.
- You cannot assign your rights under these Terms without our written agreement. We can assign our rights and obligations to any entity or entities that agree to be bound by these Terms.
- You represent and warrant that (1) you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a “terrorist supporting” country; and (2) you are not listed on any US government list of prohibited or restricted parties.
- The Terms (including all policies incorporated by reference) are the entire agreement between you and HTF. They replace any other agreement between us on this subject. If any provision of these Terms is deemed invalid, then that provision will be revised, limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. No waiver will be effective unless it is described in an explicit writing and signed by HTF.
- If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Acceptable Use Policy
The HTF services, including its websites allow you to discover and share coupons, deals, advertisements and other offers. We also work with merchants, advertisers and other partners whose coupons, deals, advertisements and other offers may be displayed on the Services. As a user of the Services, you may post or otherwise make available on the Services offers, comments, links, messages and other material (such content together with our partners’ content, “User Content”).
We value the positive contributions that our users make to our community. We’ve created this Acceptable Use Policy (“Policy”) to provide you with guidelines on appropriate use of the Services, so that all users can have a great experience here.
1. Usernames and personal information
While HTF does not prohibit the use of nicknames for your account username or “handle”, please refrain from using anything offensive. If you choose a username that we think is obscene, indecent, abusive or which might otherwise subject us to public disparagement or scorn, we reserve the right, with or without notice to you, to automatically change your username, delete your posts from our Services, deny you access to our Services, or exercise any combination of these options. The general guideline for profile images and avatars is to keep it PG-13. Please also do not post a message under another person’s name or pretend to be another person, including a HTF administrator, or forum leader, moderator, guide or host. When commenting on a deal or posting a message to a forum, your username and certain account activity (e.g. the date you joined HTF) are the only information that is displayed. However, you should always exercise judgment when revealing personal information about yourself in your profile and when you post or message other users.
2. Topics of discussion
While our online discussions encourage a wide range of opinions, please keep your posts focused on the topic of the forum or deal thread in which you are submitting your message. Each forum or deal thread has a different topic, so what is appropriate in one forum or thread may not be appropriate in another.
3. Inappropriate language
Please do not use inappropriate or offensive language. Inappropriate or offensive language includes, but is not limited to, any language or content that is sexually oriented, sexually suggestive or abusive, harassing, defamatory, vulgar, obscene, profane or hateful, or that contains racially, ethnically or otherwise objectionable material of any kind. We ask that you please be considerate to other users when posting your messages.
4. Harassment and flaming
Please do not harass or “flame” other users. This includes posting or transmitting any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would harm others, violating the rights of others, or violating any applicable law. Please note that this also includes the posting of taunts (trolling) in a deal thread or forum solely for the purpose of deriding that deal thread’s or forum’s topic and/or users.
5. Piracy or unlawful activities
Our Services are a place for deal talk, ideas and constructive participation, and not a place to violate any laws or to discuss illegal activities. This type of activity includes, but is not limited to, advocating or asking for information regarding software piracy or unauthorized emulators of software or hardware, and sharing or distributing viruses, licenses, registration information, software keys, “cracks,” or other information designed to do harm to or allow unlawful access to any computer hardware, software, networks, or any other systems. Please refrain from posting these kinds of messages.
6. Other general rules of conduct
Please do not post any User Content which (a) is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening, (b) contains viruses or other contaminating or destructive features, (c) violates the rights of others, such as content which infringes any copyright, trademark, patent or trade secret, or violates any right of privacy or publicity, (d) otherwise violates any applicable law, (e) violates any of the other standards or policies on our Services, or (f) links to any external Internet sites that are obscene or pornographic. Please do not intentionally tag User Content inaccurately or in a misleading manner, or try to disguise the source or origin of User Content in any way, including manipulating any identifiers. In addition, you should not use the Services to collect personal information about other users without their consent.
7. Banning of users
HTF reserves the right at its sole discretion to restrict, suspend, or terminate your access to any part of our Services for any reason or no reason, including violation of this Policy. Anyone who violates any of our policies may be banned from using our Services in the future, under any username.
8. Managing User Content
You are solely responsible for all content that you post on our Services. HTF shall have the right, but not the obligation, to correct any errors or omissions in any User Content, as it may determine in its sole discretion. HTF further reserves the right, in its sole discretion, to delete or remove any User Content. Please do not post messages about why your thread or post was deleted, or discuss any private issues between moderators and users. If you have concerns about any User Content, please private message the moderator or Community Manager for assistance.
9. Fake reviews and votes
You should not post any review or vote that is not made in good faith based upon the merit of the deal, including reviews or votes that are solicited, automated, fraudulent or retaliatory. Please also do not give reputation points for inappropriate reasons, or abuse the reputation system in any way.
10. Compensation for User Content
Users should not pay, offer, solicit or accept any compensation for posting any User Content or use their HTF accounts to promote their own business or services or distribute referral links. In general, please do not offer to buy or sell anything from other users. HTF has commercial partnerships that enable certain types of promotional content to be posted on HTF.
11. Competitive sites
You should not mention or link to competitive sites or any other sites that HTF may deem prohibited. Do not post such sites, list them in any context for a deal or include them in your signature.
12. Additional notices
Some, any or all permissions to view and/or use the Services are subject to change, for any reason or no reason and with no advance notice.
It is impossible for us to write a rule for every conceivable circumstance and situation. Our moderators look at situations individually and will make judgement calls when needed.
In the event of a conflict between this Policy and the Terms of Service, the Terms of Service governs.