Terms and Conditions

By visiting and using www.hisandhersbookclub.com (hereinafter the “website”), you accept and agree to be bound by these Terms and Conditions including our Disclaimer and Privacy Policy posted on the website and incorporated herein by reference.

1. THIS IS A LEGAL AGREEMENT

The Site located at www.hisandhersbookclub.com (the “Site”) is a copyrighted work belonging to His And Hers Book Club. (“we,” “us,” or “our”). We grant you the right to use the Site subject to the terms and conditions set forth below (these “Terms of Use”). PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS SITE.

To access and use certain features of the Site or to participate in certain programs offered by His and Hers Book Club, you may be required to agree to certain additional terms and conditions and to register for those programs or features. All such additional terms and conditions are hereby made a part of these Terms of Use.

2. ACCOUNT

In order to use certain features of the Site, you must register for an account with His and Hers Book Club (“Account”) and provide certain information about yourself as prompted by the Site registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. We may permit you to login to the Site with your login credentials from certain social networking sites (e.g., Facebook or Twitter) (“SNS”). If you log in or otherwise associate your Account with your login credentials from a SNS, we may receive information about you from such SNS, in accordance with the terms and conditions (e.g., terms of use and privacy policy) of the SNS (“SNS Terms”). If you elect to share your information or content with these SNS, we will share information with them in accordance with your election. The SNS Terms of these SNS will apply to the information we disclose to them.

3. SUBSCRIPTION SERVICES

Subscription Services. Certain Services may be available only through creation of a subscription account and payment of a fee (“Subscription Services”). Through such Subscription Services accounts, you will have access to the Subscription Services for a fixed term, which will renew automatically at the end of each term.

Access Restrictions. You are not authorized to access any Subscription Services unless you have opened a subscription account and paid the appropriate fee, have received access credentials (e.g., a username and password) from us, and are using those access credentials. You may not assist anyone else in accessing Subscription Services on an unauthorized basis, including by sharing your access credentials or providing any content or other materials that you obtained through Subscription Services to third parties. You are responsible for maintaining the confidentiality of your access credentials and for all usage or activity on your Subscription Services accounts, including the use of Subscription Services by any third party authorized by you to use your access credentials. Such responsibility expressly includes any purchases made or other charges incurred on your credit card in connection with your use (or an authorized third party’s use) of the Subscription Services. In the event of any fraudulent, abusive or otherwise illegal activity on your Subscription Services accounts, we may, in our sole discretion, terminate those accounts and refer you to appropriate law enforcement agencies. You may be responsible for damages from any such fraudulent, abusive, or otherwise illegal activity.

Age and Billing Authorization. By subscribing to a Subscription Service, you confirm that you are at least 18 years of age, that all information you submit is true and correct (including all credit card information), and that you are the authorized holder of the credit card.

Fees. You agree to pay all subscription fees and other charges to your Subscription Services accounts, including any applicable taxes. His and Hers Book Club and/or the particular service provider reserves the right to change the amount of, or the basis for determining, any subscription fees or other charges for the Subscription Services and to institute new subscription fees or other charges effective upon prior notice to you.

Mobile Access. Some Subscription Services are accessible only using a particular kind of device. You should investigate Subscription Services before you pay for access to them to ensure that they will work with your device because we will not refund any fees you paid if the Subscription Services to which you subscribe are not compatible. Also, certain Subscription Services may not be available for use in every jurisdiction, and we will not refund any fees you paid if the Subscription Services to which you subscribe are not available. For information on compatibility and availability, please visit the applicable provider’s website or contact us at info@hisandhersbookclub.com before you subscribe.

Suspension or Termination. We may suspend or terminate your access to Subscription Services at any time without notice to you. If we do so, you will not be responsible for fees associated with the Subscription Services after the termination becomes effective, but you will not have any other remedies against us, and we will not issue any refunds. If you have breached or violated any obligation under these Terms, you will not be entitled to any remedy.

Cancellation. To cancel your subscription to Subscription Services, you must follow the procedures described on the applicable provider’s website. If we do not list cancellation procedures for a particular Subscription Service, you must contact us at info@hisandhersbookclub.com. We do not refund or prorate Subscription Services, or any other purchases made through the Services, for any reason. Requests to terminate subscriptions will be effective once the billing period in which we received the cancellation concludes.

4. LICENSE

License. His and Hers Book Club owns and operates the Site. The information and content available on the Site, including without limitation, our Blog, or in any communications we send you, but excluding Your Content (as defined below) (collectively, “Site Content”) are protected by copyright laws throughout the world. Subject to the terms and conditions contained herein, we grant you a limited license to reproduce portions of the Site Content for the sole purpose of reviewing the Site Content as a visitor to the Site, an applicant for employment, a current or potential contributor to our Blog, a current or potential business partner, or a current or potential investor of His and Hers Book Club. All copyright and other proprietary notices on any Site Content must be retained on all copies thereof. Any unauthorized reproduction or modification, distribution, or performance of any Site Content is strictly prohibited. His and Hers Book Club, and its licensors, reserve all rights to the Site and the Site Content not granted in these Terms of Use.

Trademarks. All trademarks, logos and service marks (collectively, “Marks”) displayed on the Site are His and Hers Book Club’s property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of the third party that owns the Marks.

Your Content. We do not claim ownership in any text, images, or other content posted by you on our Site or otherwise submitted by you to our website, (collectively, “Your Content”). We are not obligated to back up any of Your Content. You are solely responsible for creating backup copies of and replacing any of Your Content that you post on our Site, at your sole cost and expense. You hereby grant to His and Hers Book Club, under all intellectual property and proprietary rights, a worldwide, perpetual, irrevocable, non-exclusive, fully-paid and royalty-free license, with the right to sublicense through multiple levels, to store, reproduce, modify, create derivative works of, publish, distribute, transfer, transmit, publicly display, publicly perform, and otherwise use Your Content. You should only upload Your Content to our Site for which you are willing to grant the licenses described above. You represent, warrant and covenant that (a) you have sufficient rights to grant the licenses described above and (b) Your Content complies with the requirements set forth in our then-current content policy.

Modification. We reserve the right, at any time, to modify the Site Content or to modify, suspend, or discontinue the Site or any part thereof with or without notice. You agree that we will not be liable to you or to any third party for any modification of the Site Content or modification, suspension, or discontinuance of the Site.

Feedback. If you provide any feedback or suggestions to His and Hers Book Club regarding the Site, any Site Content, or our services (collectively, “Feedback”), we may use such Feedback for any purpose. So that we may incorporate such Feedback into our Site, Site Content, and/or His and Hers Book Club services. We alone will own all right, title and interest, including all related intellectual property rights, in and to all such Feedback and in consideration for your use of the Site, you hereby assign such Feedback to His and Hers Book Club free of charge.

Third Party Links. The Site may contain links to other web sites operated by third parties. Such third party web sites are not under the control of His and Hers Book Club and we are not responsible for the content of any third party web site or any link contained in a third party web site. His and Hers Book Club provides these links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third party web sites. If you decide to access any of the third party web sites linked to the Site, you do this entirely at your own risk. Third party web sites are subject to their own terms and policies, including privacy and data gathering practices.

WARRANTY DISCLAIMER. HIS AND HERS BOOK CLUB IS PROVIDING THE SITE AND THE SITE CONTENT ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR USE AT YOUR OWN RISK. WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND QUIET ENJOYMENT. WE DO NOT WARRANT THE ACCURACY, CURRENTNESS, OR COMPLETENESS OF THE SITE CONTENT. WE DO NOT WARRANT THAT THE SITE OR SITE CONTENT WILL BE PROVIDED UNINTERRUPTED OR ERROR FREE.

LIMITATION OF LIABILITY. IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE SITE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT HIS AND HERS BOOK CLUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ON ANY THEORY OF LIABILITY. YOU ACKNOWLEDGE THAT OUR SUPPLIERS AND LICENSORS WILL HAVE NO LIABILITY UNDER THESE TERMS OF USE.

5. EXCLUSIONS

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so those specific limitations that are not allowed in WARRANTY DISCLAIMER or LIMITATIONS OF LIABILITY sections, as applicable, may not apply to you.

6. RELEASE

Because we do not control Your Content or the content of other users of the Site, you acknowledge and agree that we are not responsible for any such content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any such content, and we assume no responsibility for any such content. Your interactions with other Site users are solely between you and such user. You agree that we will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved. You hereby release and forever discharge us, our directors, officers, employees, agents and successors from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with or conduct of other users of the Site. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

7. INDEMNIFICATION

You agree to defend, indemnify, and hold His and Hers Book Club and its directors, officers, employees, agents, successors, and assigns (collectively, the “Indemnified Parties”), harmless from and against any claim, liability, loss, injury, damage, cost, or expense (including attorneys’ fees) incurred by us or any Indemnified Party arising out of or relating to (a) Your Content or (b) your violation or breach of any provision in these Terms of Use or your violation of any rights of a third party.

8. ENFORCED BY US

We have the right, but not the obligation, to review any or all portions of Your Content and delete or modify any of Your Content from our Site for any reason, including if we believe, in our sole judgment, Your Content violates the Content Policy or any these Terms of Use, or that we believe, in our sole judgment, threatens the safety of, or harms any other person, or creates liability for us or any other person. We reserve the right, but have no obligation, in our sole discretion, to investigate and take appropriate action, including removing Your Content from our Site, or modifying it, suspending or terminating your account (if any) and/or your right to use the Site, and/or reporting you to law enforcement authorities, if you violate the Content Policy or these Terms of Use. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect our systems, affiliates, service providers, partners, and other users, or to ensure the integrity and operation of our business and systems, we may access and disclose any information or content we consider necessary or appropriate, including without limitation Your Content, IP address and traffic information, usage history, and/or your account information (i.e. name, e-mail address, etc.) (if any).

9. TERM AND TERMINATION

Subject to this Section, these Terms of Use will remain in full force and effect while you use the Site. We may (a) suspend your rights to use the Site (including your Account) or (b) terminate these Terms of Use, at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms of Use. Upon termination of these Terms of Use, your Account and right to access and use the Site will terminate immediately. You understand that any termination of your Account may involve deletion of Your Content associated therewith from our live databases. Your Content may remain on the Site even after your account is terminated. We will not have any liability whatsoever to you for any termination of these Terms of Use, including for termination of your Account or deletion of Your Content. Even after these Terms of Use are terminated, the provisions that by their nature should survive (including, but not limited to, Indemnification, Warranty Disclaimers, and Limitation of Liability) will remain in effect.

10. COPYRIGHT POLICY

It is our policy to remove, or disable access to, material that infringes any copyright from our Site after we have been notified by the copyright owner or the copyright owner’s legal agent. We also have a policy for terminating the accounts of repeat infringers. If you believe that your work has been copied and posted on our Site in a way that constitutes copyright infringement, please provide us with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) an identification of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on our Site; (d) your address, telephone number, and e-mail address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or law; (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for notice of claims of copyright infringement is as follows: info@hisandhersbookclub.com

11. AMENDMENT

The term “you” refers to anyone who uses, visits and/or views the website. His and Hers Book Club (“company”, “I”, “we” or “us”) reserves the right to amend or modify these terms and conditions in its sole discretion at any time without notice and by using the website, you accept those amendments.  It is your responsibility to periodically check the website for updates.

12. GENERAL PROVISIONS

If any provision in these Terms of Use is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms of Use will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. These Terms of Use, which includes any other additional terms located on particular pages of this Site, constitute the entire agreement between you and His and Hers Book Club regarding the use of the Site and Site Content. In the event of any conflict between the terms and conditions contained herein and those in the additional terms, the terms and conditions in the additional terms, as applicable, will control but solely with respect to the subject matter thereof.

13. PRIVACY POLICY

We are dedicated to respecting the privacy of your personal information. Your acceptance of our Privacy Policy is expressly incorporated into these Terms and Conditions.

Email addresses submitted for our weekly newsletter will only be used to distribute that newsletter and occasional other special announcements related to His and Hers Book Club content, products, and events. Email addresses will not be shared with or sold to third parties.

14. DISCLAIMER

Your acceptance of our Disclaimer is expressly incorporated into these Terms and Conditions. Please review the Disclaimer for more information.

16. INTELLECTUAL PROPERTY

All content on this website including but not limited to text, posts, logos, marks, graphics, files, materials, services, products, videos, audio, applications, computer code, designs, downloads and all other information here (collectively, the “Content”) is owned by us and is protected by copyright, trademark and other intellectual property and unfair competition laws with the exception of any content from others that we are lawfully permitted to use.  You are granted a limited revocable license to print or download Content from the website for your own personal, non-commercial, non-transferrable, informational and educational use only while ensuring it’s not in violation of any copyright, trademark, and intellectual property or proprietary rights.

You agree not to copy, duplicate, steal, modify, publish, display, distribute, reproduce, store, transmit, post, create derivative works, reverse engineer, sell, rent or license any part of the Content in any way to anyone, without our prior written consent.  You agree to abide by the copyright, trademark laws and intellectual property rights and shall be solely responsible for any violations of these terms and conditions.

17. ENTIRE AGREEMENT

These Terms and Conditions along with our Privacy Policy and Disclaimer constitute the entire agreement between you and us with respect to this website. It supersedes all prior or contemporaneous communications, discussions, negotiations or proposals we may have had with you whether electronic, oral or written.

A printed version of this entire agreement including the Privacy Policy and Disclaimer and of any notice given in electronic form shall be admissible in judicial or administrative proceedings with respect to this website to the same extent and given the same effect as other business contracts and documents kept and maintained in printed form.

18. CONTACT INFORMATION

If you have any questions about these Terms of Use, please contact us by e-mail at info@hisandhersbookclub.com, always marking the message “Attention: Terms of Use.”