Last Updated: Sat Jan 27, 2024
Hi! Thanks for your interest in FAWM. In exchange for us providing you with access to the fawm.org website (and the opportunity to participate in FAWM events) you agree to the following terms and conditions. Thanks for helping to ensure that everyone has a fun and challenging experience this February.
You will do the right thing. This means:
FAWM will do the right thing. Among other things, this means:
Please, intrepidly read on for the agreement in its full legal glory...
Website terms of use agreements are contracts – and this is no exception. By using the FAWM.ORG site or participating in FAWM events, You agree that this electronic contract (we’ll just call it the “Agreement”) is just as enforceable as a contract you might have signed with pen and ink. If you want a paper copy and can’t print it, just let Us know and We’ll send you one in the mail.
“We” are FAWM, LLC, a limited liability company based in Pittsburgh, PA, USA. Our mission is to provide online tools and safe spaces for people to play and grow creatively through music and technology.
“You” are anyone who registers at FAWM.ORG (let’s just call it the “Site”) or participates in any FAWM event, online or in person.
You represent to us that you are at least 15 years of age, and are fully able and competent to enter into the terms set forth in these Terms of Use. FAWM.ORG is not intended for children under 15. If you are under 15 years of age, DO NOT USE THIS SITE. Talk to your parents about writing songs or taking on our challenge unofficially until you are older.
We're all about artistic freedom and self-expression here at FAWM. However, we also need to respect each other. Among other things, this means that while participating in a FAWM event or on the Site, you agree NOT to engage in any of the following:
We have the right to review all posts and other communications and in our sole discretion to remove or refuse a post for any reason.
If you do not treat other fawmers with respect, you will have breached this Agreement in a material way and may be blocked from further participation on the Site or in any FAWM event.
Copyright matters. You have to own or have obtained and hold all rights, approvals, consents, licenses and permissions, in proper legal form for anything you post on the Site or use at a FAWM event (we’ll just call it all “Material”). We’re not kidding: if you don’t hold the rights, don’t post the Material.
Material you post on the Site must not violate any third party’s rights: of any nature, under any law, anywhere.
You represent to us that If you live in a country/state/territory where your participation in a blitzkrieg musical challenge and community, such as February album writing month or 50/90, or a community, like FAWM is not prohibited. We don't know where that might be, and if you live there we're sorry, but those are the breaks. If your laws say you can’t participate in a FAWM event, you can’t participate in that FAWM event. Man, that would suck.
You retain copyright in the songs you post on the Site. We’ll say that again: SONG MEDIA, LYRICS, NOTES, ETC. THAT YOU POST HERE REMAIN YOURS.
For copyright infringement claims, see FAWM’s Copyright (DMCA) Policy.
What follows is some legal jargon our lawyer wrote up for us so that folks can't post something here and then sue us for infringing on their copyright (silly, we know, but it could happen). The legal jargon also lets us use snippets of stuff you post to help document or publicize FAWM, but we don't aim to do anything with your music that you don't want us to. Dig?
OK, here’s the legal jargon:
When you share Material with FAWM, such as by posting Material on the Site or participating in a FAWM event that is recorded, you grant to us the right to reproduce, distribute, transmit, stream, broadcast, publicly display and publicly perform by means of a digital audio transmission or in any manner, form, or media whether now known or hereafter devised, that Material and the right to do anything necessary to exercise those rights.
You also expressly grant FAWM, LLC the following licenses, which are in addition to and do not limit or modify the licenses you granted us above, with respect to any and all Materials you post on the Site or are recorded at a FAWM event:
If you have a problem with your lyrics being published on (or demos being streamed from) the Site, then don't post them. It's OK, some people do it every year and FAWM will still love you.
Products or services available on or through the Site may not be appropriate or available for use in locations other than the United States of America. If you choose to access the Site from somewhere else, you are welcome to (and encouraged to), but you do so at your own risk, and you alone are responsible for compliance with any local laws that might apply.
The United States has some pretty stringent rules about exports, including software and data, which can be broadly defined. To make sure we all stay out of trouble, we’re making the following statement part of this Agreement: Products, including software, and information made available through the Site may be subject to United States export controls. You agree to comply with all applicable export laws regarding transmissions from the United States to the country which you are a citizen of, in which you reside, or where you currently are, as well as re-export to another country.
Except for Material posted by users like you, all content on the Site, including, but not limited to, text, graphics, logos, layout, design, button icons, images, data compilations, code and source code, multimedia content, HTML or other markup languages, and scripts, alone and as a compilation, and all other work and intellectual property of any type or kind, whether patentable or copyrightable or not (we’ll just call it all, “Content”), as well as the software used on this Site, is our property or the property of our content or software suppliers, and is protected by United States and international laws.
The trademarks “FAWM”, “50/90”, and “February Album Writing Month,” along with all other trademarks, logos and trade dress related to the Site (we’ll call all of that, together, the “FAWM Marks”) are exclusively owned by FAWM.
You are free to copy, distribute, and display the FAWM Marks without our prior written permission to promote or discuss FAWM events or the Site, so long as you (1) give us proper attribution, (2) use the FAWM Marks for noncommercial purposes only, and (3) do not change them in any manner. Any other use requires Our express written permission.
You may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any FAWM Mark or any Content.
Other trademarks, service marks, logos, labels, product names and service names appearing in Material posted on the Site and not owned by FAWM, are the property of their respective owners.
The term of this Agreement is for the duration of your user registration. You may choose to cancel your account at any time, and We reserve the right to terminate your account for any reason (although We are really nice folks, so if it happens you were probably seriously violating the terms of this Agreement).
This Agreement is subject to change if We feel it’s necessary in order to better suit the needs of our users. The most current version of this Agreement, which supersedes all previous versions, can be reviewed by clicking on the "Terms of Use" hyperlink located at the bottom of every page on the Site. Your continued use of the Site following the posting of any modifications to this Agreement constitutes your express acceptance of such modifications.
The services on the Site are provided to you free of charge, except those described as being in financial support of the project.
Donations to support FAWM are extremely appreciated, but they are not refundable or tax-deductible.
You acknowledge that the Site may encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors, and that FAWM shall not be responsible to you or others for any such interruptions, errors or problems or for discontinuance of any FAWM service. FAWM provides no assurances whatsoever that any of your Materials will be accessed or used by FAWM, its visitors or subscribers nor, if so accessed or used, that your Materials will continue to be available for any particular length or period of time.
A possibility exists that the Site or any service we provide could include inaccuracies, errors, or information / materials that violate this Agreement; also, unauthorized alterations could be made by third parties. Although we strive to ensure the integrity of the Site and every service, we make no guarantees as to their completeness or correctness. If a situation arises in which the Site’s or any service’s completeness or correctness is in question, you agree to contact us including, where possible, a description of the material to be checked and the location (URL) where such material can be found, as well as information sufficient to enable us to contact you. We will make best efforts to address your concerns as soon as reasonably practicable.
Although we do not plan on it, the Site and services may be discontinued at any time, with or without reason or cause.
Okay, this section contains a lot of head-splitting legalese in ALL CAPS disclaiming warranties and representations and limiting our liability. It’s important stuff, so please bear with us. Again, the term “Site” refers to FAWM.ORG.
FAWM disclaims any and all responsibility for the deletion, failure to store, misdelivery or untimely delivery of any information or Material. FAWM disclaims any and all responsibility for harm resulting from downloading or accessing any information or Material on the Internet or through the Site.
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FAWM AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS, AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS AND OTHER REPRESENTATIVES (TOGETHER, THE “FAWM ENTITIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
THE FAWM ENTITIES DISCLAIM ANY AND ALL WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF ANY FAWM SERVICE.
THE FAWM ENTITIES DISCLAIM ANY AND ALL WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SITE. NO OPINION, ADVICE OR STATEMENT OF FAWM OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY.
THE FAWM ENTITIES DISCLAIM ANY AND ALL WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS APPEARING ANYWHERE ON THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED ANYWHERE ON THE SITE.
THE FAWM ENTITIES DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND ANY SERVICE AND YOUR RELIANCE THEREON. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL, INFORMATION OR DATA THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL, INFORMATION OR DATA.
Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction. To the extent permitted by applicable law, you hereby waive the provisions of any law limiting or prohibiting such exclusions.
This part has lots of capital letters too, and might cause migraines, but you already agreed not to hold us liable for headaches. Please read on:
THE FAWM ENTITIES ARE NOT RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, WARRANTY, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO USE OR MISUSE OF OR RELIANCE ON THE SITE OR ANY FAWM ENTITY SERVICE OR ANY LINKED SITE, EVEN IF THE FAWM ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL THE FAWM ENTITIES’S TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE. BY WAY OF CLARIFICATION, AND NOT LIMITATION, SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND/OR RELIANCE ON THE SITE OR ANY FAWM ENTITY SERVICE, FROM INABILITY TO USE THE SITE OR ANY FAWM ENTITY SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR ANY FAWM SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED AT, IN OR THROUGH THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE OR ANY FAWM ENTITY SERVICE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, AND LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NONPERFORMANCE OF THE SITE OR ANY FAWM SERVICE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE OR ANY FAWM ENTITY SERVICE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
Without limiting the foregoing, under no circumstances shall any FAWM Entity be held liable for any delay or failure in performance resulting directly or indirectly from a force majeure, including, but not limited to, acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of god, epidemic, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning. We’re not responsible for clogging up your kitchen sink, either, unless you have us over for dinner. And even then you agree not to hold us liable. (Hint: We like pizza.)
In any case, you agree that our liability to you is at all times limited to the amount You paid for services. And FAWM is free!
Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you. To the extent permitted by applicable law, you hereby waive the provisions of any law limiting or prohibiting such exclusions or limitations.
If, for some odd reason, there is any dispute about or involving this Agreement, FAWM or the Site, any such dispute shall be governed by the laws of the State of Pennsylvania, USA without regard to conflict of law provisions. This agreement shall be deemed to have been made in the United States of America, State of Pennsylvania. You agree to personal jurisdiction by and venue in the state and federal courts sitting in Allegheny County, Pennsylvania, USA and you hereby waive and agree not to raise any jurisdictional, venue or inconvenient forum objections. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement, FAWM or the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You agree to defend, indemnify and hold the FAWM Entities harmless against any losses, expenses, costs or damages (including any reasonable attorneys' fees and costs) arising from, incurred as a result of, or in any manner related to any claim or action based upon or arising from any action taken by You, including but not limited to, (a) Your breach of the terms and conditions of this Agreement, (b) Your use of the Site or participation in FAWM, and/or (c) use of the Site by any other person using Your account. We may participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect Our rights or obligations shall be made without Our prior written approval.
Your obligation to indemnify us as set forth above shall survive termination of this Agreement.
This Agreement is binding on the Parties (that’s you and us) and their respective heirs, legatees, executors, successors and assigns. Except for policies and other agreements incorporated by reference, this Agreement is the entire agreement between the Parties and supersedes any and all prior written or oral agreements between the Parties relating to the subject matter hereof. If any portion of this Agreement is found to be void or unenforceable, the remaining portion shall be enforceable with the invalid portion removed, giving all reasonable construction to permit the essential purposes of the Agreement to be achieved. The Parties’ various rights and remedies hereunder shall be construed to be cumulative.
Nothing contained in this Agreement shall be construed to require the commission of any act contrary to law.
Nothing in this Agreement shall be construed or deemed to create any partnership, agency, joint venture, employment or franchise relationship between the Parties.
Captions and headings used in this Agreement are for purposes of convenience only and shall not be deemed to limit, affect the scope, meaning or intent of this Agreement, nor shall they otherwise be given any legal effect.
No breach of this Agreement by us shall be deemed material unless the Party alleging such breach shall have given us written notice of such breach, and we failed to cure such breach within thirty (30) days after our receipt of such notice.
All notices required to be sent to us under this Agreement shall be in writing and shall be sent by certified mail, return receipt requested, postage paid, or by overnight delivery service, to: FAWM LLC, PO Box 5042 Pittsburgh PA 15206, USA.
Our Privacy Statement and our Copyright (DMCA) Policy are both incorporated, by this reference, into this agreement.
By participating in FAWM and using its services, you hereby assert that you are a crafty, clever, and creative person who rocks. (We take this part very seriously.) Happy fawming!