Franklin's Palindromedary, trademark, powerfully easy palindrome composition tool, mythical beast, dromedary with a head at each end

Terms of Use

The following terms of use ("Terms of Use", "Terms") are a legal agreement between you ("Member", "Author", "your") and Big Leaf, LLC ("Big Leaf", "Publisher", "we", "us", "our"), and govern your use of palindromedary.us (the "Website") and any sub-domains of this domain. These Terms work in concert with the Big Leaf Privacy Policy, and the Big Leaf Cookie Policy.

By using the Website, you are agreeing to these Terms of Use. If you do not accept all of these Terms, you may not access or use the Website. If you are using the Website for a business, your agreement to these Terms of Use will be treated as the agreement of the business, and all references to "you", "your", "Member", and "Author" will apply to that business.

Account

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").

Content

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.

Obligations of Website Users

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:

  • Upload, post, submit or otherwise transmit any Member Content:
    • to which you do not have the lawful right to copy, transmit and display;
    • that infringes any third party's intellectual property rights (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right or moral right or right of publicity);
    • that is unlawful, obscene, harmful, threatening, harassing, defamatory or hateful or that contains objects or symbols of hate, invades the privacy of any third party, contains any pornography, erotica, child pornography or child erotica, is deceptive, threatening, abusive, inciting of unlawful action, defamatory, libelous, vulgar or violent or constitutes hate speech or is otherwise objectionable in the opinion of Big Leaf;
    • that includes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, "pyramid schemes" or any other form of unsolicited or unauthorized solicitation;
    • that contains a software virus or any other computer code, files, or programs designed to (A) interrupt, destroy or limit the functionality of any computer software; or (B) interfere with the access of any user, host or network, including without limitation sending a virus, denial-of-service, spamming or mail-bombing the Website; or
    • that includes code that is hidden or otherwise cryptically embedded within any Member Content.
  • Circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any content;
  • Use any meta tags or other hidden text or metadata utilizing a Big Leaf trademark or logo, URL or product name;
  • Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the Website to send altered, deceptive or false source-identifying information;
  • Tamper with, interfere with or disrupt (or attempt to do so) the availability of any aspect of the Website, any servers or networks connected to the Website, or the technical delivery systems of Big Leaf or any Big Leaf provider;
  • Attempt to probe, scan or test the vulnerability of any Big Leaf system or network or breach or impair or circumvent any security or authentication measures protecting the Website;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Website;
  • Attempt to access, search or meta-search the Website with any engine, software, tool, agent, device or mechanism other than software and/or search agents regardless of source;
  • Collect or store personal data about other Website users without their express permission; or
  • Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering or otherwise commit fraud.

Termination or Modification

Big Leaf reserves the right in its sole discretion, at any time, to modify, discontinue or terminate the Website or modify or terminate these Terms of Use or any of the Big Leaf policies without advance notice. If any modification is not acceptable to you, your only recourse is to cease using the Website. By continuing to use the Website after any such modifications, you accept and agree to be bound by such modifications.

Without limiting other remedies, Big Leaf may at any time and without any further notice suspend or terminate your access to the Website or remove your Account if Big Leaf determines in its sole discretion that you have failed to comply with any provision of these Terms of Use.

Palindrome Submissions

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.

Rights

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.

  • Author grants Publisher permission to publish the Work in English, in any format, in all countries throughout the world.
  • If Publisher selects the Work only for immediate appearance on public pages of the Website, all rights granted to Publisher will be World English Electronic non-exclusive from the date of selection and beyond.
  • If Publisher selects the Work for the next Anthology and for immediate appearance on public pages of the Website, all rights granted to Publisher will be World English Anthology and Electronic non-exclusive from the date of selection and beyond.
  • Author grants all non-exclusive rights to Publisher in perpetuity.
  • If Publisher reserves the Work for the next Anthology, Author grants Publisher First World English Anthology and Electronic exclusive rights for a period of six months after first publication of Anthology ("Exclusive Period"). After the Exclusive Period, rights granted to Publisher become non-exclusive.

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.

Payments to Authors

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.

Indemnification

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.

No Warranties

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.

Limitation of Liability

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.

Force Majeure

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.

Consent to Electronic Notice

You consent to the use of electronic means to implement these Terms of Use and deliver any notices required by these Terms of Use. You consent to the use of electronic records to store information related to these Terms or to your use of the Website. Any notice or communication related to the Terms will be in writing and given to you by Big Leaf via email to your address of record, or via a posting on the Website or by you via email to legal@palindromedary.us or to another address Big Leaf may designate in writing. The date of receipt will be deemed the date on which such notice is transmitted.

Third Party Websites

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.

Miscellaneous

In the event that any provision in these Terms of Use is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent permitted by law and the remaining provisions will remain in full force and effect to the maximum extent permitted by law. The failure of a party to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision.

This Agreement will be governed by and interpreted in accordance with the laws of Colorado in the USA. Any legal action or proceeding arising under these Terms of Use will be brought exclusively in courts located in Colorado in the USA and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.

These Terms of Use together with the rules and policies of Big Leaf, LLC herein by reference constitute the entire agreement between Big Leaf and you with respect to your use of the Website.