The content policy says, "You are responsible for checking for updates and your continued use of the service after we post amendments will constitute your acceptance of the changes..."
This is not valid in CA; there was a big lawsuit a few years back, and it was decided that "we can update our website at will" is not considered acceptable terms for a contract; users have to be notified of changes. They are not in violation of a contract they haven't agreed to. (That said, since most of the content rules seem to be "you can't post this or that," and other parts of it say "we can remove your content at any time for no reason," there wouldn't be much to fall back on if they changed the rules and your book got pulled.)
If, for example, they change the percentage rates, people could sue to receive payment under the terms they signed up for, not the ones they were switched to without notification. (If their FW pattern continues, they'd quietly pay off anyone who complains and hope that's few enough people to not be worth notifying anyone.)
Descriptions of ebooks are not allowed to include:
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* Hyperlinks of any kind, including email addresses.
* Request for action (i.e.: "If you like this book, please write me a review.").
* Advertisements or promotional material (including author events, seminars, etc.).
* Contact information for the author or publisher.
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Wow, they *really* don't want people to use BN as a contact point. They want to be the book provider; they want to discourage shopping elsewhere.
And...
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Barnes & Noble will provide refunds to customers who are unsatisfied with their eBook purchases. Returns will appear on your My Sales report and will be deducted from your next payment.
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Gee, that's nice of them, considering how solidly they REFUSE to refund sales from their main bookstore, including outright fraudulent ones, where they advertise one book and deliver another.