Terms of Service
Welcome to Fastnote.com, the new online service offered by Fastnote, LLC (collectively, “Fastnote”). This Terms of Service Agreement (the “Agreement”) between you and Fastnote states the conditions for your use of Fastnote.com. By using Fastnote.com, you agree to abide by the policies and obligations set out in this Agreement. Fastnote may make changes in this Agreement from time to time. We will notify you of any such changes by posting them here. Your continued use of Fastnote.com after such changes are posted signifies that you have agreed to the changes.
What Is Fastnote.com?
Fastnote.com is a website where you can post short, civil, anonymous notes to anyone, and everyone can read them. Notes are addressed to a specific person – someone famous or infamous or private or even fictional -- to a business, to an organization, or to a government entity. All notes are posted by our users, and they appear on Fastnote.com exactly as written. Notes are not edited, although certain notes may be removed from Fastnote.com, for reasons set out in detail below.
The site also enables users to:
- select and sort notes in many different ways,
- set up their own personal "My Notebook" for watching specific addressees, saving their favorites and keeping track of the content that they have added to the site, choose to have an email notification sent to them when one of their watched addressees receives a new note,
- choose to have an email notification sent to them when one of their watched addressees receives a new note,
- choose to share notes they find interesting with others,
- vote for notes they agree with, disagree with, or find funny or "well-said",
- report content not in keeping with these Terms,
- participate in our moderator process to determine whether reported content should be removed and what action should be taken regarding the writer of that content.
Fastnote.com is not intended to be used by anyone under the age of 15. By using the online service, you represent and warrant that you are at least 15 years old.
You may visit and read content on Fastnote.com without registering. But in order to write and post notes, create a personal page, vote, report, moderate, or otherwise participate in the online service, you must register with Fastnote.com. When you register, you must select a Sign-in ID, provide a valid e-mail address and create a confidential password. You are also asked to provide your age, your gender, and the city and state where you live (your “Demographic Data”). This Demographic Data is linked with every note you post, unless you request that it not be linked on a note by note basis. Because all notes posted on Fastnote.com are anonymous, you are not asked to provide your name.
Fastnote.com is not intended for the posting of notes that contain private or contact information, such as telephone numbers, physical addresses, email addresses, social security numbers, account numbers or information, or any other details that would allow you or others to be identified. Notes or Individual addressee names containing this type of information should be reported as site violations, using the Violations Reports that we provide for this purpose. Legitimate street addresses and website URL’s are permitted as descriptive information for Organization addressee names only, not for Individual addressee names.
All notes are posted anonymously, but that alone will not ensure your anonymity. You must also consider, when you post notes, that information you reveal about yourself may enable others to determine your identity. Because Fastnote does not control what you and others post on Fastnote.com, we cannot guarantee your privacy.
You are responsible for safeguarding the confidential password that you select and use to access Fastnote.com and for any actions taken under your password. To help protect your privacy and your anonymity, we recommend that you do not share this password with anyone. Fastnote assumes no responsibility or liability for any loss or damage arising from your failure to safeguard your confidential password. To further prevent others from taking actions using your account, you should sign-out and close your browser each time you finish using Fastnote.com.
As part of the Fastnote service, we may need to send administrative announcements and messages to you. These communications are necessary to the operation of Fastnote.com’s online service, and as long as you remain a registered user of Fastnote.com, you may not opt out of receiving these communications.
The content of Fastnote.com, including without limitation its text, trademarks, logos, graphics, designs, programming, applications, software, business processes, and mechanisms for voting, reporting, moderating, and posting content, is owned exclusively by us or licensed to us for use on Fastnote.com. The content of Fastnote.com, including its selection, assembly, and arrangement, is a collective work under U.S. copyright laws.
You agree that you will not violate the intellectual property laws protecting Fastnote by copying, modifying, republishing, distributing, creating derivative works from, selling, or displaying any content from Fastnote.com without prior written permission from Fastnote. For information on a limited permission to republish granted to registered users of Fastnote, see the section of these Terms of Service on Limited Permission to Republish, below.
You represent and warrant that you own all intellectual property rights in the content that you post on Fastnote.com. Fastnote may remove content that is reported to be infringing. For additional information on the procedure for removing content, see our Notice and Takedown policy, below.
Although the content that you post remains your property, by submitting it to Fastnote.com, you grant to Fastnote a worldwide, perpetual, irrevocable, royalty-free, non-exclusive license to use, display, publish, distribute, reproduce, archive, create derivative works from, and re-license the content in any form and in any media currently existing or to be invented.
You agree to cooperate fully and promptly with any reasonable request from Fastnote related to investigating infringement of any intellectual property right.
Limited Permission to Republish
As a benefit of being a registered user of Fastnote.com, Fastnote grants you permission to republish up to 25 notes per week, including the addressee name associated with each note and the information shown on the site associated with each name, if all the following conditions are met:
- You agree to refrain from publishing any note, addressee name, or information associated with a name that contains a site violation, and you agree to report any such violations to Fastnote.com.
- You agree to reproduce notes, names and information associated with the names completely and accurately.
- You agree to give credit to www.Fastnote.com wherever notes, names and information associated with the names are reproduced, and to provide an accompanying link to www.Fastnote.com if the content is reproduced online.
We reserve the right to revoke this permission to publish if we determine, in our sole discretion, that your publication violates the purpose and spirit of Fastnote.com
Ground Rules for Your Use of Fastnote.com
Even though you post notes anonymously, you are still responsible, legally and otherwise, for the content that you post. Remember that your notes may be viewed by anyone on Fastnote.com -- and by an even wider audience if picked up and distributed by third party services, websites, journalists, bloggers, or others.
If an addressee name is removed from the Fastnote.com site for any reason, then all notes directed to that addressee from all posters also will be removed. Thus, in certain limited circumstances, a note you have written could be removed even though that note does not violate any of the Ground Rules of Fastnote.com.
All decisions of Fastnote and our moderator process are final and are not appealable. We do encourage you, however, to communicate with us using our General Contact Form if you believe that a note or addressee name you have entered has been removed in error.
By using Fastnote.com, you agree to abide by the following Ground Rules:
- All Notes Must Be Anonymous: Any note that suggests the identity of a writer is not allowed.
- Respect Privacy: You must respect people’s privacy. Your notes to individuals and individual addressee names you enter may not include personal, private or contact information such as telephone numbers, physical addresses, email addresses, social security numbers, account numbers or similar information. Organization addressee names you enter may contain legitimate street and website addresses, Individual addressee names may not.
- No Children under 15: Your notes may not be addressed to people under 15 years of age.
- No Defamation: Your notes may not contain content that is false and defamatory.
- No Infringement: Notes, addressee names and information associated with the names that you add may not contain content that violates others’ copyrights, trademarks, or other intellectual property rights. Fastnote may remove from the Fastnote.com site any content that may infringe the intellectual property rights of others.
- No Violence: You may not make threats of violence against others. Fastnote responds to reports of potential violent threats on the site, but will not intervene unless there is a specific threat of violence. If you feel there is immediate danger, call 911 or your local emergency services.
- Be Civil: Your notes may not contain content that is vulgar, profane, pornographic, abusive, hateful, or degrading to any individual or group.
- Be Honest: You may not Impersonate others or attempt to mislead or deceive others.
- No Squatting: You agree that you will create only one account. Accounts that are inactive for more than six months may be removed without notice, and the user names may be reclaimed.
- No Malware/Phishing: You may not upload content intended to damage or disrupt another user’s browser or computer or to compromise a user’s privacy.
- English Language Only: Because the majority of Fastnote readers and moderators are English speakers, all postings on Fastnote.com must be in the English language. Postings not in the English language may be removed.
- No Spam: You may not use Fastnote.com for the purpose of spamming anyone.
- Obey the Law: You may not use Fastnote.com for any unlawful purposes or for promoting illegal activities.
- No Malicious Accusations or Rumors: Fastnote is for sharing helpful, well intentioned comments, opinions and suggestions.
- No Deities: Entering the name of any Deity such as God, Jesus, Allah and so forth as an Addressee Name is not allowed. Fastnote is not a suitable site for notes or prayers to Deities since some visitors may find the notes or prayers of others to be offensive.
- No Notes in ALL CAPITAL LETTERS: Notes written in all capital letters are difficult to read and are universally interpreted as shouting. One or two words in caps for emphasis is OK. Notes in all caps are subject to removal.
Fastnote provides a forum where people can express themselves, but Fastnote does not endorse any opinions expressed by users or make any representation that the content posted by users is accurate, true, complete, or reliable. By using Fastnote.com, you may be exposed to content that may be offensive, inaccurate, untrue, incomplete, unreliable, or harmful in some other way. All content is the sole responsibility of the person through whose account it is posted. Your use of, or reliance on, any content on Fastnote.com is at your own risk.
Fastnote may suspend or terminate your use of Fastnote.com for repeated or serious violations of the Ground Rules or any other provisions of this Agreement. If your use is terminated, Fastnote will reclaim your sign-on ID.
Notice and Takedown Policy
If a user’s behavior on Fastnote.com becomes a problem for Fastnote or for others, we may, in our sole discretion and without notice, suspend or terminate the user’s account on Fastnote.com. We also reserve the right to remove any content from Fastnote.com at any time and for any reason.
We have no obligation to review any content posted, but we reserve the right to review and remove any content if we determine, in our sole discretion, that it violates the Ground Rules or other provisions of this Agreement, might violate any laws or rights of others, or might subject Fastnote to liability or hurt its reputation or goodwill.
User-entered content is never edited. It either remains on the site as entered by the user or removed entirely as stated above.
If you become aware of a specific violation of the Ground Rules or other terms of this Agreement, you can report that violation by clicking on the "Report" link next to the note, the addressee name, or the information accompanying the name that contains the violation. That link will take you to a Violation Report. Please complete and submit the Violation Report unless the violation involves defamatory content, copyright infringement, persons under 15, or other legal issues. Violations involving those issues should be reported on other forms, which you can link to from the Violation Report, including the following:
- Reporting Form for Defamatory Content;
- Reporting Form for Copyright Infringement;
- Reporting Form for Issues Involving Persons Under 15 Years of Age;
- Reporting Form for Other Legal Issues.
Links to each of these reporting forms are available on our “Contact Us” page as well.
If you believe that any content on Fastnote.com infringes any copyright or other proprietary right that you own, please contact the Copyright Agent we have appointed pursuant to the Digital Millennium Copyright Act, whose name and contact information are provided on the Copyright Notice Form on the “Contact Us” page. Upon receipt of the information requested from you on the Copyright Notice Form, the Copyright Agent will investigate and take appropriate action.
Fastnote will respond to notices of alleged violations if you provide the information required on these forms. If you file false reports, Fastnote may suspend or terminate your use of Fastnote.com.
Users Outside the United States
If you reside outside the United States, by your use of Fastnote.com, you consent to having your personal data transferred to and processed in the United States. If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in advertising on Fastnote.
You agree to indemnify and hold harmless Fastnote and its affiliates and the officers, directors, employees, stockholders, members, managers, agents, and representatives of any of them from any and all claims, liability, losses, damages, fines, penalties, costs, and expenses (including but not limited to reasonable attorney fees and costs) arising from or related to your breach of any obligations under these Terms of Service, including violations by you or by any other person using your account. We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request.
Disclaimers, Limitation of Liability
You expressly agree that your access to and use of Fastnote.com is at your own risk. You understand and agree that the Fastnote.com service is provided to you on an “AS IS” and “AS AVAILABLE” basis. FASTNOTE AND ITS LICENSORS AND AFFILIATES DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Fastnote makes no warranty and disclaims all responsibility and liability for the completeness, accuracy, availability, timeliness, security, and reliability of the Fastnote.com service, including without limitation its content. Fastnote will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Fastnote.com service, including without limitation its content. Fastnote will not be responsible or liable for the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Fastnote.com service. No advice or information, whether oral or written, obtained from Fastnote or through the Fastnote.com service, will create any warranty not expressly made here.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FASTNOTE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: YOUR ACCESS TO OR USE OF FASTNOTE.COM OR YOUR INABILITY TO ACCESS OR USE FASTNOTE.COM; ANY THIRD PARTY’S CONDUCT OR CONTENT POSTED ON FASTNOTE.COM; OR ANY UNAUTHORIZED ACCESS TO, OR USE OR ALTERATION OF, YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT FASTNOTE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IF YOU ARE DISSATISFIED WITH ANY ASPECT OF FASTNOTE.COM, INCLUDING THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF FASTNOTE.COM. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Controlling Law and Jurisdiction
These Terms of Service, and any legal action arising from them, will be governed by and interpreted under the laws of the State of North Carolina, without regard to its conflict of laws provisions. You agree that the North Carolina Superior Court for Mecklenburg County or the United States District Court for the Western District of North Carolina, Charlotte Division, will be the sole and exclusive jurisdiction and venue for any legal action brought in connection with these Terms of Service or with the Fastnote.com online service, and you waive any objection you may have to that jurisdiction and venue.
Costs and Fees in a Legal Action
In any action against Fastnote arising from the use of Fastnote.com, the prevailing party shall be entitled to recover all legal expenses incurred, including reasonable attorney fees and costs, both taxable and nontaxable.
Waiver and Severability
The failure of Fastnote to enforce any right or provision of this Agreement will not be deemed a waiver of that right or provision. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of the Agreement will remain in full force and effect.