Welcome to HSN. HSNi, LLC and HSN Interactive LLC ("HSN") provide website and other electronic services subject to the conditions set out below ("Conditions"). By using and shopping via hsn.com, HSN's mobile services, HSN's telephone ordering and interactive voice response services, HSN Arcade™ games, HSN's software applications that you download, and other websites and existing or future services that expressly incorporate these Conditions ("HSN Services"), you accept these Conditions. In some instances, a particular HSN Service or a product purchased through the HSN Services may be subject to additional policies, guidelines, terms, and/or agreements ("Terms"). In the event that such Terms are inconsistent with these Conditions, the Terms shall govern.
Please read these Conditions carefully. If you do not wish to be bound by these Conditions, do not access or use the HSN Services.
Change of Terms
HSN may, at its sole discretion, revise or add new terms to these Conditions from time to time without notice to you. Such revisions and additions shall be deemed effective immediately upon notice, which HSN may give by any means, including, without limitation, by posting the revised Conditions on the HSN Services. You are responsible for reviewing the HSN Services for any modifications to these Conditions that may affect your rights or obligations. Any access or use by you of the HSN Services after changes to these Conditions will constitute your acceptance of the revised terms.
Orders and Pricing
HSN reserves the right to discontinue or change product specifications and prices without prior notice. Products are available while supplies last. Inadvertent errors in advertised prices are not binding on HSN, and may be adjusted by HSN at any time. Your placing an order and your receipt of an order confirmation do not constitute final acceptance of an order. Certain information may need to be confirmed prior to accepting your order. Your order, or any portion thereof, may be declined even after your receipt of an order confirmation.
Coupons and promotional codes provided to you are for your individual use only. You may not transfer, offer for sale, publish or otherwise share HSN coupons and promotional codes unless the terms of the promotion expressly allow you to do so. HSN reserves the right to cancel orders when it has reason to believe that any coupon or promotional code is being used by someone other than the intended recipient, or in the case of suspected abuse, misuse or fraud.
Copyright in the documents and material on the HSN Services is owned by or licensed to HSN. You are authorized to use this material only for personal, non-commercial purposes. You may download, print, and store copies of this material for your own personal, non-commercial use. The images of people or places displayed on the HSN Services are either the property of, or used with permission of, HSN. The uses of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Conditions or specific permission is provided elsewhere on the HSN Services. Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and regulations and statutes governing communications. Nothing contained in the HSN Services should be construed as granting, by implication or otherwise, any license or right to use any trademark or service mark displayed on the HSN Services without the written permission of HSN or any third party that may own such trademarks or service marks. HSN will aggressively enforce its intellectual property rights to the fullest extent of the law.
For all of the content that you post or submit to the HSN Services, you grant HSN a perpetual, irrevocable, nonexclusive, royalty-free, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world through any media, including, but not limited to, the broadcast of such content on television. You grant HSN and its sublicensees the right to use the name that you submit in connection with such content. You represent and warrant that you own or control all of the rights to the content that you submit, that the content is accurate, that use of the content you supply will not violate these Conditions and will not cause injury to any person or entity, and that you will indemnify HSN for all claims resulting from any content that you supply. HSN has the right but not the obligation to monitor any activity and to edit or remove any content. HSN takes no responsibility and assumes no liability for any content posted by you or by any third party.
Links to Other Sites and Services
Links to other Internet sites and services operated by third parties, including HSN vendors, do not constitute sponsorship, endorsement, or approval by HSN of the content, policies, or practices of such linked sites or services. HSN is not responsible for the availability, content, security, policies, or practices of linked sites or services, including, without limitation, the accuracy of content on linked sites or services and the privacy policies and practices of linked sites and services.
When you access or use the HSN Services, send e-mails to HSN, or receive electronic communications from HSN, you are, and consent to, communicating with HSN electronically. HSN may communicate with you by e-mail or by posting notices on one or more of the HSN Services. You agree that all notices, disclosures, agreements, policies, and other communications that HSN provides to you electronically satisfy any requirement that such communications be in writing.
The HSN Services may include certain services that you may access through your mobile phone or other mobile device, including services that allow you to use your mobile device to place orders, receive and reply to messages from HSN, and access certain other features (collectively, the "Mobile Services"). HSN does not charge for Mobile Services. However, when you access or sign up for Mobile Services, you recognize, acknowledge, and understand that you may incur charges by your wireless carrier for all messages sent to you from HSN, its parent companies, or any of its corporate affiliates or subsidiaries. Standard messaging rates will apply, unless noted otherwise.
47688 - Today's Special, 8 msgs/wk and Scoop Alerts - 4 msgs/wk.
69476 - HSN Mobile Alerts - 3 msgs/order.
For HSN's "Mobile Alerts", message & data rates may apply. By entering a Mobile number, you certify that: A) You are the account holder of, or B) have account holder's permission to do so. For HELP reply to any HSN message or text HELP to 69476 (Customer Service Alerts) or 47688 (Today's Special, Scoop Alerts); contact Customer Service at 800-933-2887, or use the online form here:
To cancel your subscription at any time, visit the Mobile Alerts signup page on MY Account and opt-out of the messages you do not wish to receive, reply STOP to any message; text STOP to 69476 (Customer Service Alerts) or 47688 (Today's Special, Scoop Alerts); contact Customer Service at 800-933-2887, or by mail a request to HSN Interactive LLC, Attn: Customer Service, 1 HSN Drive, St. Petersburg, Florida 33729. We are always happy to answer your questions and listen to your comments.
AT&T, Boost, Cellular South, Centennial, Cincinati Bell, Sprint, Nextel, ntelos, U.S. Cellular®, Unicel, Verizon Wireless and Virgin Mobile USA.
ACS Alaska, Alaska DigiTel (GCI), Appalachian Wirekess (EKN), AT&T, Bluegrass, Boost, Boost iDEN, CableVision USA, Carolina West US, Cell 1 East Central IL, Cellcom, CellSouth, Centennial US, Chat, Cincinnati Bell, Cricket, Cross Wireless, Golden State US, Immix (Keystone), Inland, Illinois Valley, MetroPCS, Nex Tech Wireless, Nextel, Northwest, Missouri Cellular, nTelos, Panhandle Revol, Pioneer Wireless US, Plateau US, Pocket Com USA, Simmerty US, South Canaan, Sprint PCS, Thumb Cellular US, T-Mobile®, Tracphone (on AT&T), Union Wireless USA, United Wireless, Verizon Wireless, Viaero Wireless US, Virgin Mobile USA, West Central WCC.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE MATERIAL CONTAINED IN THE HSN SERVICES HAS BEEN CHECKED FOR ACCURACY. HOWEVER, HSN MAKES NO WARRANTIES OR REPRESENTATIONS AS TO SUCH MATERIAL'S ACCURACY, AND IT IS SUPPLIED WITHOUT ANY EXPRESSED OR IMPLIED WARRANTIES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE HSN SERVICES IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
HSN DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY PRODUCTS OR SERVICES OFFERED ON THE HSN SERVICES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE PRODUCT'S MANUFACTURER.
UNDER NO CIRCUMSTANCES WILL HSN OR ITS PARENTS, AFFILIATES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE HSN SERVICES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR OTHER DAMAGES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE HSN SERVICES OR ANY LINKED SERVICES OR ARISING OUT OF ITS CONTENTS OR ANY ERRORS OR OMISSIONS IN ITS CONTENTS, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF HSN IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HSN DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE HSN SERVICES OR ANY LINKED SERVICES WILL BE INTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE HSN SERVICES OR ANY LINKED SERVICES IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS.
UNDER NO CIRCUMSTANCES WILL HSN OR ITS PARENTS, AFFILIATES, OR ANY OTHER PARTY OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR OTHER DAMAGES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED THROUGH THE HSN SERVICES, EVEN IF HSN IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL HSN'S LIABILITY BE GREATER THAN THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE BASIS FOR THE CLAIM.
Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. You should check local laws for any restrictions or limitations regarding the exclusions of implied warranties.
You agree to defend, indemnify, and hold harmless HSN and its parents, affiliates, and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including without limitation reasonable attorneys' fees and court costs), arising out of or relating to your breach of these Conditions or your access to or use of the HSN Services.
Your Access to HSN Services
When you use the HSN Services, you agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of, and purchase of products and services through, the HSN Services. You are responsible for maintaining the confidentiality of any passwords or usernames and for restricting access to your account, if any, and you agree to accept responsibility for all activities that occur under your account, username, or password. HSN sells products, including children's products, to adults only, who can purchase products with a credit card or other permitted payment method. If you are under 18, you may use the HSN Services only with the involvement of a parent or guardian. HSN reserves the right, at its sole discretion, to refuse service, remove or edit content, cancel orders, or terminate accounts for any or all of the HSN Services. In the event that HSN denies you access to one or more HSN Services, the provisions in these Conditions governing any copyright and other intellectual property rights, and the disclaimers, indemnities, and limitations of liabilities set forth in these Conditions shall survive such termination.
In accordance with the Digital Millennium Copyright Act ("DMCA"), HSN has designated an agent to receive notification of alleged copyright infringement occurring on the HSN Services:
DMCA Notification Agent
Attn: Legal Department
1 HSN Drive
St. Petersburg, Florida 33729
Contents of Notice
The DMCA requires that all notices of alleged copyright infringement be in writing. For HSN to act on your notice, you must be authorized to enforce the copyrights that you allege have been infringed. When informing HSN of an alleged copyright infringement, you should:
- Identify the copyrighted work that allegedly has been infringed. If multiple copyrighted works on a single HSN Service are involved, please provide a representative list of such works on that HSN Service.
- Describe the material that is claimed to be infringing and provide sufficient information to permit HSN to locate that material.
- Provide your contact information, including an address, telephone number, and, if available, an e-mail address.
- Certify or include a statement that you have a good-faith belief that the use of the copyright-protected material in the manner complained of is not authorized by the copyright owner, the owner's agent, or law.
- Certify that the information that you have provided HSN is accurate. You should attest under penalty of perjury that you are authorized to enforce the copyrights that you allege have been infringed.
- Include your physical or electronic signature.
HSN may not be able to act on your complaint promptly or at all if you do not provide this information.
Internet Protocol Closed Captioning
If you have any questions or concerns about the closed captioning of the HSN programming that has been delivered to you via Internet Protocol (e.g., on your computer, your smartphone or your tablet), please contact us at:
Vice President/Senior Counsel
One HSN Drive
St. Petersburg, FL 33729
These Conditions contain the entire understanding of you and HSN with respect to the subject matter hereof and supersedes all prior agreements and understandings between you and HSN with respect to the subject matter hereof. The failure of HSN at any time to enforce any of the provisions of these Conditions will not be deemed or construed to be a waiver of any such provisions, or in any way to affect the right of HSN to thereafter enforce each and every provision of these Conditions. No waiver by HSN of any breach of any provision of these Conditions will be construed or deemed to be a waiver of any other subsequent breach. If any provision of these Conditions is declared invalid or otherwise determined to be unenforceable for any reason, such provision will be deemed to be severable from the remaining provisions of these Conditions, which will otherwise remain in full force and effect. Provisions concerning your rights and obligations which by the content of the provision operate after termination or which are necessary to enforce any right will survive any termination or expiration of these Conditions. These Conditions will be governed by and construed in accordance with the internal laws of the State of Florida without regard to conflict of laws principles. Any suit brought under or in connection with these Conditions may be brought only in the courts of the State of Florida, Pinellas or Hillsborough County, or of the U.S. District Court for the Middle District of Florida, Tampa Division, and HSN and you consent to the personal jurisdiction and venue of such courts.
Last updated: September 26, 2012