Last Updated: Mon June 21, 2010
This is 50 times more exciting than it was 90 days ago!
Hi! Thanks for your interest in The 50 Songs in 90 Days Challenge, hosted by February Album Writing Month (FAWM). In exchange for us providing you with access to the FAWM.ORG/FAWMERS.org website (and the opportunity to participate in 50/90) you agree to the following terms and conditions. Thanks for helping to ensure that everyone has a fun and challenging experience this February.
Here is the short version:
- You agree that you are over 15 years old.
- You really are who you say you are.
- You agree to behave sensibly and not abuse the site or other fawmers.
- You hold all rights, approvals, etc. to all materials that you post on this site.
- You will retain all rights to song-related material you post here (e.g., lyrics, demo music, etc.).
- You indemnify FAWM of any losses or damages you might incur from these services.
Please, intrepidly read on for the agreement in its full legal glory...
1. Who are we?
“We” are FAWM.ORG, LLC, a limited liability company. Our address is PO Box 40332
Pittsburgh PA 15201, 53725, USA. More specifically, “We” is a legal entity run by Burr Settles, the lowly singer-songwriter who rents that P.O. Box and develops the website. But “FAWM.ORG, LLC” sounds soooooooo much more official.
2. Who are you?
“You” are anyone who registers at FAWM.ORG/FAWMERS.ORG or participates in the 50/90 Challenge hosted by FAWM.Org.
3. How old are you?
4. Where do you live?
You represent to us that you live in a country/state/territory where your participation in a blitzkrieg musical challenge and community such as "50/90"/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 50/90: you can’t participate in 50/90. Man, that would suck.
5. What else do you swear to us?
1. That for anything you post on FAWMERS.ORG/FAWM.ORG (we’ll just call it all “Material”), you have obtained and hold all rights, approvals, consents, licenses and permissions, in proper legal form. We’re not kidding: if you don’t hold the rights, don’t post the Material.
2. That no Material you post on FAWMERS.ORG/FAWM.ORG violates any third party’s rights: of any nature, under any law, anywhere.
6. We’re in the United States
1. We can’t represent to you that products or services available on or through FAWMERS.ORG/FAWM.ORG (which we’ll just call the “Site”) are 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 be applicable.
2. 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, made available through the Site may be subject to United States export controls. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. No such products may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any product available through the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. We reserve the right to limit the availability of the Site or product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion.” Phew! Got all that?
7. Our Copyright and Trademark
1. Except for Material posted by users like you, all content included 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 and other mark up languages, scripts 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”), is the property of FAWM.ORG, LLC or its content suppliers and is protected by United States and international copyright laws with All Rights Reserved. The compilation of all Content on this Site is the exclusive property of FAWM.ORG, LLC and is protected by United States and international copyright laws with All Rights Reserved. All software used on this site is the property of FAWM.ORG, LLC or its software suppliers and is protected by United States and international copyright laws with All Rights Reserved.
2. The trademark “FAWM,” along with all logos and trade dress related to the Site (we’ll call all of that, together, the “FAWM Marks”) are exclusively owned by FAWM.ORG, LLC. Other trademarks, service marks, logos, labels, product names and service names appearing in Material posted on the Site and not owned by FAWM.ORG, LLC or its subsidiaries, are the property of their respective owners.
3. You are free to copy, distribute, and display the FAWM Marks without our prior written permission so long as you (1) attribute them to FAWM.ORG, (2) use them for noncommercial purposes only, and (3) do not change them in any manner. Any use not in compliance with these conditions requires our express written permission. (In other words, feel free to use our name/logos to help spread the word. You must contact us if you want to do anything else.) In any case, the FAWM Marks may never be used in any manner likely to cause confusion, disparage or dilute the FAWM Marks and/or in connection with any product or service that is not authorized or sponsored by us.
4. 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.
Your Copyright and Trademark
The Bottom Line: SONG MEDIA, LYRICS, NOTES, ETC. THAT YOU POST HERE REMAIN YOURS. You retain copyright. 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). It 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. Our annual "fawmpilation" CDs even carry a separate license agreement. Dig?
OK, You retain your own copyright, trademark and other intellectual property rights to any Material you post on the Site. The only rights you grant to us are the rights to transmit, stream, broadcast, publicly display and publicly perform in any manner, form or media whether now known or hereafter devised, any of the Materials you submit to us. Without limitation to other licenses you may be inferred to have granted in order to accomplish the foregoing, you expressly grant FAWM.ORG, LLC the following licenses with respect to any and all Materials you submit:
1. Public performance license for compositions. Whether or not you are a member of a performing rights society, you grant FAWM.ORG, LLC a nonexclusive, direct license to publicly perform all musical compositions included in your Materials, worldwide. If you belong to a performing rights society you understand that it is your sole responsibility to notify your performing rights society of the direct license you have granted herein.
2. Public performance license for sound recordings. You hereby grant FAWM.ORG, LLC a nonexclusive license to publicly perform by means of digital audio transmission all sound recordings included in your Materials, worldwide.
3. Reproduction licenses for compositions and sound recordings. Although copyright law is evolving to accommodate the digital environment, certain key issues remain unresolved. One such issue is the extent to which reproduction licenses are required for compositions and sound recordings made available on interactive streaming services. We choose to resolve the issue contractually, until statutory or case law provides more definitive guidance. Accordingly, you hereby grant FAWM.ORG, LLC nonexclusive reproduction licenses for all compositions and sound recordings included in your Materials; provided, however, that such reproduction licenses are limited in scope and apply only to the extent necessary to make your Materials publicly available via our interactive streaming services.
If you have a problem with your lyrics being published on (or demos being streamed from) this site, then don't post them. It's OK, some people do it every year and FAWM will still love you.
We're all about artistic freedom and self-expression here at FAWM. However, you agree not to do any of the following, and you understand that if you do: you will have breached this agreement in a material way. You agree NOT to post on the Site or engage in:
- Obscene or profane language or images (use common sense);
- Violent, intolerant, or hateful speech against any individual or group;
- Computer hacking or cracking;
- Illegal or infringing activity (i.e., drugs, crime, etc.); or
- Any other activity deemed unacceptable by the Site administrator.
We shall have the right to review all Materials and in our sole discretion to remove or refuse to post any Materials for any reason.
1. The term of this agreement is for the duration of your user registration. You may 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). Note that accounts are currently deleted manually, so if you put in a request it may take us a while to get around to it.
3. 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.
9. Disclaimer of Warranties
Okay, this section contains a lot of head-splitting legalese about warranties and representations, but it’s important stuff. So please bear with us. Again, the term “Site” refers to FAWMERS.ORG and/or FAWM.ORG.
1. 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 whatever 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.
2. 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 services’ 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. For copyright infringement claims, see FAWM’s Copyright (DMCA) Policy.
3. Although we do not plan on it, the Site and services may be discontinued at any time, with or without reason or cause.
4. 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.
5. 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 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. FAWM AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ANY AND ALL WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF ANY FAWM SERVICE. FAWM AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS 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. FAWM AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS 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.
6. FAWM AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS 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.
7. Sorry about all the capital letters.
8. 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. Provided, however, that to the extent permitted by applicable law you hereby waive the provisions of any state law limiting or prohibiting such exclusions.
10. Limitation on Liability
This part has lots of capital letters and might cause migraines, too, but you already agreed not to hold us liable for headaches. Please read on:
1. NEITHER FAWM NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES (TOGETHER, FOR PURPOSES OF THIS SECTION, “FAWM”), ARE 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 SERVICE OR ANY LINKED SITE, EVEN IF FAWM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL FAWM’S TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND/OR RELIANCE ON THE SITE OR ANY FAWM SERVICE, FROM INABILITY TO USE THE SITE OR ANY FAWM 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 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 SERVICE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
2. 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. Provided, however, that to the extent permitted by applicable law you hereby waive the provisions of any state law limiting or prohibiting such exclusions or limitations.
3. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL FAWM BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM 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: Burr likes pizza.)
4. In any case, you agree that our liability to you is at all times limited to the amount having been paid for services (and FAWM services are free). How about that math, huh?
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 Wisconsin, 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 Wisconsin. You agree to personal jurisdiction by and venue in the state and federal courts sitting in Dane County, Wisconsin, USA and you hereby waive 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.
1. You agree to defend, indemnify and hold us 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 (a) your breach of the terms and conditions of this agreement, (b) your use of the Site or participation in FAWM/"50/90", 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.
2. Your obligation to indemnify us as set forth above shall survive termination of this agreement.
3. Seriously, this has never been an issue, but we’re just doing all of this for the good of music-kind. Can you blame us for covering our bases?
13. This is a contract
14. More Miscellaneous Legal Stuff
1. 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 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.
2. 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.
3. Each Party hereto agrees to execute all further and additional documents as may be necessary or desirable to effectuate and carry out the provisions of this agreement.
4. 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.
5. 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.
6. 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.ORG, LLC, PO Box 40332
Pittsburgh PA 15201, USA.
15. Privacy and DMCA Policies
Our Privacy Statement and our Copyright (DMCA) Policy are both incorporated, by this reference, into this agreement.
By participating in 50/90 and/or FAWM and using its services, you hereby assert that you are a crafty, clever, and creative person who rocks. By taking up the challenge of writing 14 songs in 28 days, you are and you do. Happy songwriting!