You do not need an account to visit the Website. When you register with the Website, you become a Member and gain access to Franklin's Palindromedary, the Palindrome Composer, and other member-only features (the "Tools").
The Website includes content provided by Big Leaf ("Big Leaf Content") and content that is submitted by you and other members of the Website ("Member Content").
The entire contents of the Website are protected by international copyright and trademark laws. Big Leaf owns copyrights and trademarks for all Big Leaf Content. Member Content copyrights are owned by the respective members. Members have granted Big Leaf certain rights to use any and all Member Content as stipulated elsewhere in the Terms.
YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE WEBSITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Website solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials.
You agree to grant to Big Leaf a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information you submit to any areas of the Website or by e-mail to Big Leaf by all means and in any media now known or hereafter developed. You also grant to Big Leaf the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Big Leaf for any alleged or actual infringement or misappropriation of any proprietary right in your communications with Big Leaf.
Big Leaf does not guarantee that any Big Leaf Content or Member Content will be made available through the Website, continuously or at all. WHILE BIG LEAF IS UNDER NO OBLIGATION TO DO SO, BIG LEAF RESERVES THE RIGHT TO REMOVE AND PERMANENTLY DELETE ANY CONTENT FROM THE WEBSITE WITHOUT NOTICE, AND FOR ANY REASON BIG LEAF DEEMS SUFFICIENT.
The Website may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Website. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Website:
Big Leaf is a publishing business and this section covers our relationship with you as an Author. When you submit an original palindrome and associated information ("the Work") via the Members-only Submit Palindrome page, you affirm that the Work is your original creation and that as the lawful owner you can legally grant certain rights to Publisher while retaining others.
Author retains copyright ownership of the Work. Publisher may copyright a larger work, such as Website or a collection of palindromes ("Anthology"), which contains the Work, and additional content owned by Publisher. All rights not expressly granted by Author in this agreement reside exclusively with Author.
The following are the rights Author grants to Publisher.
If Publisher reserves the Work for the next anthology, Author agrees not to publish or permit others to publish the Work in any form, from the date and time of submission until the Exclusive Period ends. The entire expanse of time from when Author submits the Work, to when the Exclusive Period ends is known as the Dark Period. Author must seek and receive written permission from Publisher before publishing the Work, or permitting others to publish the Work, in any form during the Dark Period.
Within five business days of changing the Work's submission status, Publisher will inform Author of the Work's new status via email, or on one or more pages on the Website, which are accessible only by Author and Website administrators.
Publisher may share a portion of Anthology revenue with all authors selected for the Anthology. Share payments are contingent upon Anthology having sufficient sales to meet Publisher profit goals. Publisher will notify Author within thirty business days of meeting profit goals and describe the payment plan.
If Anthology sales do not meet profit goals within six months of publication, Publisher will have no obligation to make any payment to Author.
If above profitability conditions are met, Publisher will make payments only for the six-month period beginning at first publication of Anthology. Publisher will have no obligation to make any payment to Author for sales after said six-month period.
Payment schedule will be no more frequent than quarterly and may be less frequent. The exact schedule for any single Anthology will be at Publisher's discretion.
The amount of money set aside for Author payments will be a minimum of 40% of Anthology's gross sales during the payment period defined above. The amount of Author payment will be prorated by word count of Author's accepted palindromes.
All payments will be made in US Dollars, and delivered via PayPal.com.
You agree to defend, indemnify and hold Big Leaf and its affiliates, subsidiaries and distribution partners and their respective officers, directors, employees and/or agents harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable attorneys' fees and costs, arising out of or in any way connected with: (A) your access to or use of the Website, Big Leaf Content, or Member Content; (B) your violation of this Agreement; (C) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; or (D) any claim that your Member Content caused damage to a third party, including, without limitation, claims that your Member Content is infringing.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND THE INTERNET. BIG LEAF PROVIDES THE WEBSITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE WEBSITE, AND BIG LEAF SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE WEBSITE. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE WEBSITE OR ON THE INTERNET GENERALLY. BIG LEAF DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED.
IN NO EVENT WILL BIG LEAF OR ITS AFFILIATES, SUBSIDIARIES, PARTNERS OR LICENSORS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND/OR AGENTS BE LIABLE FOR (A) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE WEBSITE, OR DOWNLOADED FROM THE WEBSITE, OR ANY DELAY OF SUCH INFORMATION OR WEBSITE. EVEN IF BIG LEAF OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (B) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE WEBSITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, BIG LEAF'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Big Leaf will not be liable to you by reason of any failure or delay in performance on account of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, earthquakes, or internet connectivity or failure issues experienced by major telecommunications providers or a Big Leaf co-location facility, for the duration of such event and for such further period of time that Big Leaf may reasonably require to recover from the effects of such event.
The Website may provide links to third party websites, and such links are provided for reference only. We encourage you to read the terms of each third party website you visit, including websites which are linked to the Website.
Please keep in mind that Big Leaf has no control over the content, privacy policies, actions or practices of any third party websites, or for any injuries or losses you might incur as a result of using or visiting such websites.