Membership Agreement and Platform Terms

Last updated: September 13, 2021

Welcome to the terms of use ("Terms") for the Harlequin Plus website, app and subscription program ("Harlequin Plus"). These Terms are between you ("you", or a "User") and Harlequin Sales Corporation ("Harlequin", "we" or "us") and govern our respective rights and obligations. Harlequin may, at our discretion, update these Terms at any time.

PLEASE REVIEW THESE TERMS CAREFULLY. BY ACCESSING OR USING HARLEQUIN PLUS, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING ANY UPDATES OR REVISIONS POSTED HERE OR OTHERWISE COMMUNICATED TO YOU. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE HARLEQUIN PLUS

THESE TERMS REQUIRE FINAL AND BINDING ARBITRATION TO RESOLVE ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, OR YOUR ACCESS TO OR USE OF HARLEQUIN PLUS, INCLUDING THE VALIDITY, APPLICABILITY OR INTERPRETATION OF THESE TERMS, AND YOU AGREE THAT ANY SUCH CLAIM WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, ARBITRATION OR OTHER SIMILAR PROCESS. PLEASE REVIEW SECTION 12 CAREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE RESOLUTION OF ANY CLAIM.

HARLEQUIN PLUS IS NOT INTENDED FOR USERS UNDER THE AGE OF 18, AND SUCH USERS ARE EXPRESSLY PROHIBITED FROM SUBMITTING ANY PERSONAL DATA OR USING ANY ASPECT OF HARLEQUIN PLUS, AND BY TAKING SUCH ACTIONS YOU AGREE, REPRESENT, AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER.

You represent and warrant that you: (a) are of legal age to form a binding contract; (b) have the right, authority, and capacity to agree to and abide by these Terms; and (c) are not a person barred from using Harlequin Plus under the laws of any applicable jurisdiction.

1. Incorporated Terms
The following terms, policies, and rules are expressly incorporated and form a binding part of these Terms:

  1. Plans and Pricing
  2. Privacy Notice, including Notice of California Privacy Rights
  3. Accessibility Policy

2. Account
To access and use Harlequin Plus, you will be required to set up an account and provide certain information including your email address, name, payment information and a password (your "Account"). The email address you provide will be your login name. You are solely responsible for maintaining the confidentiality of your Account password and for all activities that occur under your Account. You should protect your password and make your password difficult for others to guess. You will not transfer your Account to another party without our consent.

3. Subscription Program
As part of Harlequin Plus, we offer Subscription Plans and may change them and their offerings from time to time. If you sign up for Harlequin Plus, you agree to the terms, conditions and limitations that are posted here and on our websites or applications.

As part of Harlequin Plus, and depending on your Subscription Plan, you may be entitled monthly to select one or more curated bundles of content, which may include print or ebooks (each a "Subscription Bundle"). A subscription to Harlequin Plus may also include other benefits, such as limited access to ebooks, movies, and/or games ("Benefits").

Your entitlement to receive a Subscription Bundle (a "Bundle Redemption") has no cash value, is non-transferable, non-refundable and not redeemable for any products other than Subscription Bundles. All Bundle Redemptions are valid for a maximum of 12 months from the date they are issued to you. For example, a Bundle Redemption issued December 13 must be redeemed by the December 12 of the following year or it will expire. Any unused Bundle Redemptions expire immediately upon the cancellation or termination of your subscription with Harlequin Plus. We may offer any number of Subscription Bundles for redemption at any given time.

The contents of any Subscription Bundles and Benefits being offered by Harlequin Plus may be selected and modified by Harlequin at any time in its sole discretion. The value of any Subscription Bundle will vary depending on the content contained in it, and we make no guarantees as to any minimum value of a Subscription Bundle. We make no guarantee as to the inclusion of specific content in any Subscription Bundle or Benefits or that any content will continue to be included. The inventory of certain Subscription Bundles may be limited and Subscription Bundles are available for selection while supplies last.

When you use a Bundle Redemption or access Benefits, Harlequin grants you a limited, nonexclusive, nontransferable, revocable and personal license to access and use the content in the Subscription Bundle or Benefits for your personal entertainment and informational purposes.

Print books will be delivered to the address you have provided to us, please allow 3-4 weeks for delivery. Delivery is only available to the continental United States.

If you have used a Bundle Redemption for a digital Subscription Bundle, we will make the content in question available on your Harlequin Plus ebook shelf. Certain content in redeemed digital Subscription Bundles may become unavailable due to content provider licensing restrictions or for other reasons, and Harlequin will not be liable to you if such content becomes unavailable for further access.

Your subscription in Harlequin Plus is separate and distinct from your harlequin.com subscription, if any.

4. Fees and Renewal
The cost of various subscription options in Harlequin Plus is set out in on our Plans and Pricing page (the "Fees" and each a "Subscription Plan").

Harlequin may change the Fees of a Subscription Plan, from time to time, and we will communicate any price changes to you in advance. Fee changes will take effect at the start of the next subscription period following the date of the Fee change. Fees may be subject to tax, collected by us or a third party through which you transact, and are non-refundable except in the specific circumstances described in these Terms. Subject to applicable law, you accept the new price by continuing to use your Subscription Plan after the change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from your Subscription Plan prior to the price change going into effect.

If your Subscription Plan includes monthly fees, we will charge you on the commencement of your subscription and then automatically on the anniversary of each month thereafter. If your Subscription Plan includes an annual fee, we will charge you on the commencement of your subscription and then automatically on the anniversary of each year thereafter. Changes to your subscription type will go into effect at the end of the current billing cycle. Unless you notify us before a charge that you want to cancel or do not want to automatically renew your subscription, you understand it will automatically continue and you authorize us, or a third party through which you transact (without notice to you, unless required by applicable law), to collect the Fees and any taxes using any payment method we have on file for you.

We may ask you to supply information relevant to payment of the Fees, including, without limitation, your credit card number, the expiration date of your credit card and your billing address. If all eligible payment methods we have on file for you are declined for payment of the Fees, you must provide us a new eligible payment method promptly or your subscription may be cancelled or terminated. If you provide us with a new eligible payment method and are successfully charged, your new subscription period will be based on the original renewal date and not the date of the successful change.

5. Trials
From time to time, we or others on our behalf may offer trials of our Subscription Plans for a specified period without payment or at a reduced rate (a "Trial"). Harlequin may determine your eligibility for a Trial, and withdraw or modify a Trial at any time without prior notice and with no liability, to the extent permitted under applicable law.

For some Trials, we'll require you to provide your payment details to start the Trial. By providing such details you agree that we may automatically begin charging you for the applicable Subscription Plan on the first day following the end of the Trial on a recurring monthly basis or another interval that we disclose to you in advance. IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL THE APPLICABLE SUBSCRIPTION PLAN BEFORE THE END OF THE TRIAL BY VISITING YOUR SUBSCRIPTION & PAYMENT PAGE PROVIDED ON HARLEQUINPLUS.COM AND SELECTING “CANCEL SUBSCRIPTION” OR BY CONTACTING OUR CUSTOMER SERVICE TEAM. IF YOU SIGNED UP FOR YOUR SUBSCRIPTION USING THE HARLEQUIN PLUS MOBILE APPLICATION, PLEASE VISIT THE SUBSCRIPTION SETTINGS IN THE IOS OR ANDROID APP STORE WHERE YOU SUBSCRIBED TO CANCEL YOUR SUBSCRIPTION.

6. Cancellation
You may cancel your subscription in Harlequin Plus by visiting your Subscription & Payment page provided on HarlequinPlus.com and selecting "Cancel Subscription" or by contacting our customer Service team. If you signed up for your subscription using the Harlequin Plus mobile application, please visit the Subscription settings in the iOS or Android app store where you subscribed to make changes to or cancel your subscription. If you cancel your subscription, you will not receive a refund of any Fees already paid. Your member benefits terminate when your subscription is cancelled. To be clear, your access to the Benefits will terminate when your subscription is cancelled but cancellation does not terminate your license and access to the Subscription Bundles you have redeemed. However, certain content in redeemed Subscription Bundles may become unavailable due to potential content provider licensing restrictions or for other reasons, and Harlequin will not be liable to you if such content becomes unavailable for further access.

In the event of any cancellation or termination of your subscription, we may remove and delete all or any part of your account, user profile, and any content related to your account, at any time.

7. Restrictions
You must be at least eighteen (18) years of age and reside in the United States of America to be a member of Harlequin Plus.

Your access to Harlequin Plus and use of the Subscription Bundles and Benefits is subject to the following restrictions:

  1. All Subscription Bundles and Benefits are provided for your personal non-commercial use only via the Harlequin Plus website and mobile application;
  2. You may not use all or any portion of any Subscription Bundle or Benefits for any commercial, promotional, or illegal purpose;
  3. You may not sell, distribute, share, lend, rent, lease, or broadcast all or any portion of any Subscription Bundle or Benefits;
  4. You may not attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or other protection system applied to all or any portion of any Subscription Bundle or Benefits;
  5. You may not make copies of all or any portion of any Subscription Bundle or Benefits;
  6. You may not make a public display or performance of all or any portion of any Subscription Bundle or Benefits;
  7. You may not remove any proprietary notices or labels on all or any portion of any Subscription Bundle or Benefits.

We reserve the right to accept or refuse subscription to Harlequin Plus or to restrict use of any Subscription Bundle and/or Benefits in our discretion. You may not transfer or assign your subscription or any subscription benefits, including any Subscription Bundle or Benefits. We may take actions we deem reasonably necessary to prevent fraud and abuse.

8. Compatible Devices
In order to access Harlequin Plus, the Subscription Bundles and Benefits, you will need to use a device that meets the system and compatibility requirements that we establish from time to time ("Compatible Device(s)). We may change the requirements for Compatible Devices from time to time and, in some cases, whether a device is (or remains) a Compatible Device may depend on software or systems provided or maintained by the device manufacturer or other third parties. Accordingly, devices that are Compatible Devices at one time may cease to be Compatible Devices in the future.

9. Restrictions on Use of Materials
Harlequin Plus and its contents are the property of Harlequin or its licensors and are protected, without limitation, pursuant to applicable intellectual property laws. Reproduction, duplication, or distribution of Harlequin Plus (including the website or app) and/or all or any part of its contents for anything other than your personal, noncommercial or educational use is a violation not only of these Terms but also of copyright and trademark laws (unless you have written permission from Harlequin).

10. Your Content
You are solely responsible for your content, and Harlequin acts as a passive conduit for your online distribution and publication. However, we reserve the right to take any action with respect to your content if we believe the content may create liability for us or may cause us to lose the services of our ISPs or other suppliers, or if we deem it to be inappropriate.

The content you post (directly or indirectly): (a) shall not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) shall not violate any law or regulation; (c) shall not be defamatory or trade libelous; (d) shall not be indecent, obscene or pornographic; (e) shall not contain any viruses, trojan horses, worms, time bombs, cancelbots or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You may not distribute unsolicited commercial messages ("spam") through your content or take any other action which imposes an unreasonable or disproportionately large load on our infrastructure. Doing so may result in termination of our agreement and your ability to access the Site.

You hereby grant to us a worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise all rights under copyright, publicity and related rights, in any media now known or not currently known, with respect to any content you provide to us in any public space on the Site. For further information, see our Community Standards.

11. Links to Other Sites
Harlequin is not responsible for the content of any other site linked to or from Harlequin Plus. If you decide to link to another site you will leave Harlequin Plus and you do so entirely at your own risk. We may provide links from Harlequin Plus to other sites, but this is done solely as a convenience to you and in no way should be interpreted as an endorsement of any content, sponsor or owner of any other site. HARLEQUIN MAKES NO WARRANTY EXPRESS OR IMPLIED AS TO ANY SUCH LINKED SITE INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF THE ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED SITE.

12. BINDING ARBITRATION AND CLASS ACTION WAIVER
ALL CLAIMS ARISING IN CONNECTION WITH THESE TERMS OR HARLEQUIN PLUS SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT (DEFINED FOR THE PURPOSES OF THIS TOS AS A COURT OF LIMITED JURISDICTION THAT MAY ONLY HEAR CLAIMS NOT EXCEEDING $5,000) IF YOUR CLAIMS ARE WITHIN THE COURT’S JURISDICTION. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.

The arbitration shall be conducted by the American Arbitration Association (AAA) under its then-applicable Commercial Arbitration Rules or, as appropriate, its Consumer Arbitration Rules. The AAA’s rules are available at http://www.adr.org/. Payment of all filing, administration and arbitrator fees shall be governed by the AAA’s rules. The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that such hearing shall be conducted in New York City, NY or, if the Consumer Arbitration Rules apply, another location reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, as determined by the arbitrator. The decision of the arbitrator shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.

WE EACH AGREE THAT ALL CLAIMS SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR OTHER SIMILAR PROCESS (INCLUDING ARBITRATION). IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN A COURT OF COMPETENT JURISDICTION IN New York City, NY. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH CLAIM.

Notwithstanding anything to the contrary, you and Harlequin may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect its intellectual property rights, whether in aid of, pending, or independently of the resolution of any dispute pursuant to the arbitration procedures set forth in this Section 12.

If Harlequin implements any material change to this Section 12, such change shall not apply to any claim for which you provided written notice to Harlequin before the implementation of the change.

13. Indemnification
You agree to indemnify and hold Harlequin Sales Corporation and its affiliates, and each of their officers, directors, employees, agents, partners and licensor's (collectively, "Harlequin Parties") harmless from and against all losses, damages, costs, liabilities, and expenses, including reasonable attorney's fees, to extent resulting from or arising out of any third party claim, demand, or action due to (a) content you provide to Harlequin; (b) your violation of these Terms, any law or regulation, or any rights (including intellectual property rights) of another party; or (c) your use of Harlequin Plus (including the website or app), except as expressly permitted in these Terms.

14. DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY LAW, HARLEQUIN IS PROVIDING HARLEQUIN PLUS "AS IS" AND MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN ANY CONNECTION WITH HARLEQUIN PLUS, ITS CONTENTS, OR ANY SITE OR CONTENTS WITH WHICH IT IS LINKED. HARLEQUIN DOES NOT WARRANT THAT THE FUNCTION OF HARLEQUIN PLUS OR ITS CONTENTS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT HARLEQUIN PLUS WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

HARLEQUIN PARTIES MAKE NO WARRANTY OR REPRESENTATION THAT: (i) HARLEQUIN PLUS WILL MEET YOUR REQUIREMENTS; (ii) ACCESS TO HARLEQUIN PLUS VIA THE WEBSITE OR APP WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE, OR ERROR-FREE; OR (iii) THE INFORMATION AND ANY RESULTS THAT MAY BE OBTAINED FROM ACCESS TO OR USE OF THE HARLEQUIN PLUS WEBSITE OR APP WILL BE ACCURATE, RELIABLE, CURRENT, OR COMPLETE.

ALL CONTENT MADE AVAILABLE THROUGH HARLEQUIN PLUS IS MADE AVAILABLE FOR INFORMATIONAL PURPOSES ONLY. YOU ARE SOLELY RESPONSIBLE FOR CONFIRMING THE ACCURACY OF ALL CONTENT BEFORE TAKING OR OMITTING ANY ACTION.

THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED.

15. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO ANY THEORY OF NEGLIGENCE, SHALL THE HARLEQUIN PARTIES BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR FOR ANY DAMAGES OF ANY KIND OR CHARACTER (INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES), EVEN IF HARLEQUIN PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF HARLEQUIN PLUS, ITS CONTENTS, OR ANY WEB SITE, APP OR CONTENTS WITH WHICH IT IS LINKED.

IN NO EVENT SHALL HARLEQUIN PARTIES’ TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) HARLEQUIN PLUS OR CONTENT EXCEED THE AMOUNT PAID BY YOU TO HARLEQUIN FOR HARLEQUIN PLUS WITHIN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE APPLICABLE CLAIM(S) AROSE.

THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY REGARDLESS OF WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. INSOFAR AS APPLICABLE LAW PROHIBITS ANY LIMITATION ON LIABILITY HEREIN, THE PARTIES AGREE THAT SUCH LIMITATION WILL BE AUTOMATICALLY MODIFIED, BUT ONLY TO THE EXTENT SO AS TO MAKE THE LIMITATION COMPLIANT WITH APPLICABLE LAW. THE PARTIES AGREE THAT THE LIMITATIONS ON LIABILITIES SET FORTH HEREIN ARE AGREED ALLOCATIONS OF RISK AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

16. Changes to Terms
We may, in our discretion, change these Terms and all elements therein and any aspect of Harlequin Plus, the Subscription Bundles, and Benefits without notice to you. If any change to these Terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes and the remainder of the Terms. Your continued subscription in Harlequin Plus after we change the Terms constitutes your acceptance of the changes. If you do not agree to any changes, you may cancel your subscription.

17. Termination by Us
We reserve the right to cancel or terminate Harlequin Plus, in whole or in part, and to cancel or terminate your subscription at our discretion without notice to you. If we do so, we will give you a prorated refund based on the number of days remaining in your subscription unless we cancel or terminate your subscription for conduct that we determine, in our discretion, violates the Terms, violates any applicable law, involves fraud or misuse of the Subscription Bundles or Benefits, or is harmful to our interests or another member. Our failure to insist upon or enforce your strict compliance with the Terms will not constitute a waiver of any of our rights.

18. Jurisdiction
These Terms are governed by and construed in accordance with the laws of New York, without giving effect to any principles of conflicts of law.

19. Severability
If any provision of these Terms is held unenforceable, that provision shall be considered amended in a manner that eliminates the unenforceability, and all other provisions shall remain effective as originally written.

20. Entire Agreement
These Terms constitute the entire agreement between you and Harlequin concerning your access to and use of Harlequin Plus. It supersedes all prior and contemporaneous oral or written negotiations and agreements between you and Harlequin with respect to such subject matter. In the event of any conflict between or among these Terms and any other policy or other guidelines to which these Terms refer, the terms and conditions of these Terms shall take precedence and govern.

21. Contact Us
If you have any questions regarding these Terms, your account or wish to modify your subscription or payment information please contact our customer service team at 1-800-247-2944 or customerservice@harlequinplus.com.