Terms & Conditions
Please read the following Terms and Conditions carefully before you use any service provided by Reese’s Book Club, LLC. This is a legal agreement between you (“you” or “user”) and us and states the material terms and conditions that govern your use of Be Sunshine’s Products (as defined below). This agreement, together with all updates, supplements, additional terms, and all of Be Sunshine LLC’s rules and policies collectively constitute and shall be referred to as the “Agreement” between you and Reese’s Book Club, LLC. By accessing and/or using the Products, you agree to be legally bound by this Agreement. If you do not agree to the terms of service and conditions of use stated herein, please immediately leave this site or application.
Welcome to the Reese’s Book Club! You are reading these Terms and Conditions because you are using a Reese’s Book Club, LLC website, digital experience, social media platform, mobile app, or one of our other products or services, all of which are part of Reese’s Book Club, LLC’s products (“Products”). You may access the Products through a computer, mobile phone, tablet, console, or other technology, which may be referred to herein as a “Device”. Your carrier's normal rates and fees apply to your Device. Products may offer content, features, functionality, and other information and services including, without limitation, viral, embeddable or application/device-based features and related technology, also when accessed via the Internet, mobile or other devices (collectively, "Services"). These Terms and Conditions govern your use of the Products and Services and are a condition to your use of the Products and Services.
2. ACCEPTANCE OF TERMS AND CONDITIONS
By using the Products and Services, you accept these Terms and Conditions. If you do not accept these Terms and Conditions, you may not use the Products and Services. Reese’s Book Club, LLC reserves the right to amend these Terms and Conditions at any time without prior notice. An up-to-date version of these Terms and Conditions will be available on the website designated by Reese’s Book Club, LLC, and any changes will come into effect immediately upon posting. By continuing to use the Products and Services, you agree to any amended Terms and Conditions.
3. OWNERSHIP OF CONTENT
Except for User Content (defined below), all of the content on the Products and Services - including text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, articles, news stories, sketches, animations, stickers, general artwork and other content ("Content") - is owned by or authorized for use by Reese’s Book Club, LLC or others it licenses Content from, and is protected by copyright, trademark, patent and other laws. Reese’s Book Club, LLC reserves all rights not expressly described in these Terms and Conditions. All trademarks, service marks and trade names are owned, registered and/or licensed by Reese’s Book Club, LLC or its affiliated entities. You do not acquire a license or any ownership rights to any trademarks, service marks, or trade names through your access or use of the Products or Services or Content. You agree not to change or delete any ownership notices from materials downloaded or printed from the Products or Services. Solely to the extent Reese’s Book Club, LLC approves the download or use of Content comprised of copyrights or copyrightable works, Reese’s Book Club, LLC grants you a limited, personal, non-transferable, non-sublicensable, and revocable license to access and use such copyrights or copyrightable works solely for their intended purpose and solely for as long as Reese’s Book Club, LLC makes such Content generally available to the public. You do not acquire any ownership rights in the Content (including any trademarks or other intellectual property included in the Content), and all such Content is intended for personal, informational and non-commercial use only. Reese’s Book Club, LLC reserves the right to monitor your use and to alter or revoke this license or your access to the Content at any time and for any reason. Reese’s Book Club, LLC reserves the right to take down any Content in violation of these terms or Reese’s Book Club, LLC’s intellectual property rights. Reese’s Book Club, LLC allowing you this limited use does not constitute a waiver of any of Reese’s Book Club, LLC’s rights to the Content. Outside of the specific usage rights which may be granted to you by Be Sunshine LLC in connection with the Products and Services, you agree not to use, copy, edit, translate, display, distribute, download, transmit, sell, create derivative works of, or in any way exploit any Content, including User Content (unless it is your own User Content that you legally post on the Product or Service), without Reese’s Book Club, LLC’s prior written consent. Unauthorized use of the Content may constitute a breach of copyright, trademark, intellectual property, or other laws and may subject you to criminal or civil charges and penalties.
4. POSTING CONTENT
User Content License. Some parts of the Products and Services may allow you to post photos, videos, comments, and other content, which Reese’s Book Club, LLC refers to as “User Content.” Reese’s Book Club, LLC is not responsible for User Content others post on the Products and Services, but you agree not to post any content which may be deemed inappropriate, immoral or illegal. User Content is owned by whoever created it, but when you post User Content you license it to Reese’s Book Club, LLC as described below: You represent that you have the right to post your User Content, and you grant Reese’s Book Club, LLC a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, worldwide license to use any of the User Content that you post on or in connection with the Products and Services, including the likeness of any person that appears in the User Content, or any of the concepts or ideas contained in the User Content, for any purpose, including commercial use, which includes the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute and assign these rights. Reese’s Book Club, LLC may, in its sole discretion, remove any User Content at any time. You understand that deleted User Content may persist in Reese’s Book Club, LLC’s systems and on the Products and Services to the extent your User Content has been publicly posted or shared with others who have not deleted it, unless you or the relevant individual request deletion or blocking of personal data in accordance with applicable law.
License to use comments, feedback, and ideas. You understand that any comments, feedback, or ideas you send us are provided on a non-confidential basis and you grant to Reese’s Book Club, LLC a perpetual, worldwide license to use all comments, feedback and ideas you may share with us, without notice, compensation or acknowledgement to you, for any purposes whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying, or improving products and services.
5. LEGALITY OF USE
By using the Products and Services, you hereby warrant that: (i) all information contained in any submission by you is either owned by you or rights have been granted to you, permitting you to disseminate the information as set forth in these Terms and Conditions; and (ii) the information contained in any submissions by you does not infringe on the intellectual property rights of others, including but not limited to, copyright, trademark, patent, or trade secret rights. You accept full responsibility, assume all risk, and waive and/or release Reese’s Book Club, LLC and any of its affiliated entities from any direct or indirect loss, injury, claim, or damage arising from your use of the Products and Services, whether or not such use was appropriately supervised and regardless of whether you were negligent in such use. By using the Products and Services, you attest and verify that you are physically and mentally able to use the Products and Services, and knowingly accept and are fully aware of all risks associated with their use.
6. THIRD PARTY PARTNERS
You shall not use Be Sunshine or Reese’s Book Club’s name or any language, pictures or symbols which could, in Be Sunshine LLC’s judgment, imply Be Sunshine or Reese’s Book Club’s endorsement in any (i) written, audiovisual or oral advertising or presentation, or (ii) audiovisual material of whatever nature, product, service, brochure, newsletter, book, or other written material of whatever nature, without prior written consent.
User Interactions. To the extent allowed by applicable law, Reese’s Book Club, LLC is not responsible for your interactions with other users of the Products and Services or any damage or harm you may experience because of these interactions. Reese’s Book Club, LLC is under no obligation to become involved with any user dispute, but may do so at its own discretion.
Warranty Disclaimer. Reese’s Book Club, LLC is not making any promises of any kind, including about the Products or Services accuracy, adequacy, usefulness, reliability, or otherwise. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, REESE’S BOOK CLUB, LLC IS NOT RESPONSIBLE OR LIABLE FOR ANY USER CONTENT POSTED ON THE PRODUCTS OR SERVICES. The Products, Services, and Content are provided "AS IS” and without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and noninfringement. Reese’s Book Club, LLC does not guarantee that the Products, Services and Content will be uninterrupted or error-free, that any defects will be corrected, or that the Products, Services and Contents are free of viruses or anything else which may be potentially harmful. To the fullest extent permitted by law, Reese’s Book Club, LLC disclaims all warranties, express or implied, regarding the Products, Services, Content, and User Content you may obtain or access, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. You are solely responsible for any damage to your Device resulting from accessing the Products and Services, to the extent applicable law does not provide otherwise. Reese’s Book Club, LLC does not guarantee any results.
Reese’s Book Club, LLC makes no warranties or representations regarding the information or content contained on the website and/or application, and specifically disclaims any warranty as to the suitability, reliability, timeliness or accuracy of the information or content contained on the website and/or application for any purpose. Reese’s Book Club, LLC does not warrant that the functionalities contained in the Content will be uninterrupted or error-free, that defects will be corrected, or that the sites or the server that makes such Content available are free of viruses or other harmful components. Reese’s Book Club, LLC does not warrant or make any representations regarding the use or the results of the use of the Content in terms of their correctness, accuracy, reliability, or otherwise. you (and not Reese’s Book Club, LLC) assume the entire cost of all necessary servicing, repair, or correction. to the extent applicable law does not allow the exclusion of implied warranties, the above exclusion may not apply to you.
Under no circumstances shall Reese’s Book Club, LLC or any of its vendors be liable for any damages that result from the use of or inability to use the Reese’s Book Club, LLC websites and/or applications, including but not limited to reliance by a user on any information or content obtained from Be Sunshine LLC’s websites or applications that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction, unauthorized access to Be Sunshine LLC’s records, programs, or services, or otherwise. user hereby acknowledges that this disclaimer and limitation of liability shall apply to all content, merchandise, and services available through the websites and/or applications.
In no event shall Reese’s Book Club, LLC or any affiliated Reese’s Book Club, LLC entity or individual, licensor or vendor be liable for any indirect, consequential, special, incidental or punitive damages arising out of your access to, or use of, the websites, Services, Products and/or Content, whether in a contract action or based on negligence, or other tort action, or any other claim whatsoever, even if Reese’s Book Club, LLC or a Reese’s Book Club, LLC authorized representative has been advised of the possibility of such damages. To the extent 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 Be Sunshine’s aggregate liability to you for all damages, losses, and causes of action whether in contract, tort (including, but not limited to, negligence) or otherwise arising out of the agreement and your use of the websites, applications and the content exceed the amount paid by you for any content purchased by you on the sites or the amount paid by you, if any, for accessing the websites and/or applications.
You agree to defend, indemnify and hold Reese’s Book Club, LLC, its parent companies, subsidiaries, affiliates, successors, directors, officers, employees, service providers, and agents from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to any violation of these terms by you, or in connection with the User Content and/or your use of the Products, Services, Content, User websites or applications or the Internet or the placement or transmission of any message or information on the websites and/or applications by you.
If you registered as a member of a website and/or application, you are entirely responsible for any and all activities that occur under your account and agree to indemnify, defend, and hold harmless the above-mentioned parties for any liability or expense arising from such use or misuse. You agree to immediately notify us of any unauthorized use of your account or any other breach of security known to you.
9. FORCE MAJEURE
Neither Reese’s Book Club, LLC nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their respective reasonable control, including, without limitation: fire, lightning, pandemic (inclusive of the COVID-19 global pandemic) explosion, power surge or failure, water, acts of God, terrorism, cyberterrorism, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
Reese’s Book Club, LLC may terminate or modify any Product or Service or member program at any time without notice. Reese’s Book Club, LLC may terminate or suspend your account, delete your profile or any of your User Content, and restrict your use of all or any part of the Products and Services at any time and for any reason, without any liability to Reese’s Book Club, LLC, subject to applicable law. You understand and agree that some of your User Content, particularly that which is displayed in an activity feed or in other public places on the Products and Services, may continue to appear publicly even after your account is terminated, subject to your right to have your User Content removed upon request in accordance with applicable law. These Terms and Conditions remain in effect even after your account is terminated or you have stopped using the Products and Services.
12. GOVERNING LAW
These Terms and Conditions, any non-contractual obligations arising in connection with them, and any litigation between the Users and Reese’s Book Club, LLC shall be subject to US law only. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California. In the event that the parties are unable to informally resolve any controversy, claim, or dispute arising out of or related to these Terms and Conditions or the interpretation, performance, or breach thereof, including but not limited to, alleged violations of state or federal statutory or common law rights or duties and the determination of the scope or applicability of this agreement to arbitrate (“Dispute”), such Dispute shall be submitted to confidential final and binding arbitration pursuant to the substantive and procedural provisions of the Federal Arbitration Act and shall be initiated in the Los Angeles office of JAMS or its successor according to either the JAMS Streamlined or JAMS Comprehensive Arbitration Rules and Procedures. In no event will User have any right or remedy in equity, including, without limitation, any right to terminate these Terms and Conditions, or any right Reese’s Book Club, LLC maintains in accordance with such Terms and Conditions, or to enjoin, restrain, or otherwise impair in any manner the material exploitation uses contemplated herein.
13. USE BY MINORS
General age limitation. The Products and Services are not intended for children under legal age. By using this site, you agree to the Terms and Conditions presented here. By using this site, you agree that you are of legal of age or you have consent from your parent or guardian.
If you do not agree to these Terms and Conditions you may not use this Website and/or application.
This Agreement is the entire agreement between the user and Reese’s Book Club, LLC and supersedes any prior understandings or agreements (written or oral).