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Terms & Conditions

Last updated: October 9, 2026

These Terms & Conditions (“Terms”) govern your use of fortnever.com (the “Site”) and any purchase you make from the Fort Never online store, including merchandise, music, and services such as live performance bookings, production and mixing sessions, and sync licenses. Fort Never is an independent music project based in Austin, Texas, USA (“Fort Never,” “we,” “us,” or “our”).

By using the Site or placing an order, you agree to these Terms, our Privacy Policy, our Refund & Shipping Policy, and our Cookie Policy. If you do not agree, please do not use the Site. If you have questions, email [email protected] before you buy.

1. Using the Site

You may browse the Site, listen to and watch our music and videos, read the journal, and buy from the store for your own personal use, subject to these Terms. You must be at least 18 years old, or the age of majority where you live, to place an order or book a service. If you are younger, you may use the Site only with the involvement of a parent or legal guardian who agrees to these Terms on your behalf.

We may change, suspend, or discontinue any part of the Site, including store items and services, at any time. We try to keep the Site running smoothly, but we do not promise that it will always be available or free of interruptions.

2. Customer accounts

You can check out as a guest or create an account. If you create an account, you agree to:

  • give accurate and current information and keep it up to date;
  • keep your password confidential and not share your account with anyone else;
  • tell us promptly at [email protected] if you think someone has accessed your account without permission; and
  • accept responsibility for activity under your account that results from your failure to keep your login details secure.

We may suspend or close an account that has been used to break these Terms, commit fraud, or harm the Site or other users. You can ask us to close your account at any time; some order records will be kept as described in our Privacy Policy.

3. Store orders

Our store offers physical merchandise (such as the Fort Never logo tee and the album Home on CD), digital downloads (such as Home as a digital album), and bookable services. When you place an order:

  1. Your order is an offer to buy the items in your cart at the listed prices, under these Terms.
  2. You will receive an automatic email confirming that we received your order. This confirmation does not mean we have accepted it.
  3. A contract is formed when we ship the physical items, make the digital download available, or confirm a service booking in writing, whichever happens first for each item.

We may refuse or cancel an order, in whole or in part, for reasons such as an item being out of stock, a pricing or description error, suspected fraud, or an inability to deliver to your address. If we cancel after you have paid, we will refund the amount you paid for the cancelled items to your original payment method.

Please check your order carefully before submitting it. If you notice a mistake, email us right away; we will try to fix it if the order has not yet shipped or been delivered.

4. Pricing and availability

Prices are shown in U.S. dollars (USD) unless stated otherwise. Shipping charges and any applicable sales tax are calculated at checkout before you pay. Prices and availability can change at any time without notice, but a change will not affect an order we have already accepted.

Merchandise is made in limited runs and may sell out. Colors in product photos can vary slightly from the actual item depending on your screen. We describe products as accurately as we can, but we do not guarantee that every description is complete and error-free. If an obvious pricing error appears, we may cancel the affected order and offer you the chance to buy at the correct price.

International orders. Prices do not include import duties, customs fees, or taxes charged by your country. These are your responsibility. See our Refund & Shipping Policy.

5. Payment

Payments are processed by third-party payment gateways integrated with our WooCommerce store, such as Stripe or PayPal. By paying, you also agree to the terms of the payment provider you use. We do not receive or store full card numbers. You confirm that you are authorized to use the payment method you provide and that the information you give is accurate.

Payment is due in full at checkout for merchandise and downloads. For services, the deposit or full fee shown at checkout or in your booking confirmation is due when you book, and any balance is due on the date stated in the confirmation. If a payment is declined, reversed, or charged back without a valid reason, we may cancel the order or booking and withhold delivery of the related items or services.

6. Shipping and delivery

We ship physical items within the United States and to many international destinations. Processing times, carriers, estimated delivery times, and what happens if a parcel is lost or damaged are explained in our Refund & Shipping Policy, which forms part of these Terms. Delivery dates are estimates, not guarantees.

Risk of loss passes to you when the parcel is delivered to the address you provided. Title to physical goods passes to you once we receive full payment. Please make sure your shipping address is complete and correct; we are not responsible for parcels sent to an incorrect address you provided, although we will help where we can.

7. Digital downloads license

When you buy a digital download, such as the album Home, you do not buy the copyright in the music. You receive a limited license, described here.

What you may do

  • Download the files and keep them on devices you own or control.
  • Listen to the music privately for your own personal, non-commercial enjoyment.
  • Make backup copies and copy the files to your own devices or personal music library.

What you may not do

  • Share, upload, sell, rent, lend, or distribute the files, including through file-sharing networks, cloud links, or social media.
  • Play the music publicly or in a business setting (such as a shop, restaurant, gym, or event) beyond what is allowed under licenses held by that venue with performing rights organizations.
  • Use the music in videos, podcasts, livestreams, games, advertisements, or any other project. That requires a sync license (see section 9).
  • Remix, sample, edit, or create derivative works for public release without our written permission.
  • Use the music to train, fine-tune, or test any artificial intelligence or machine learning system.
  • Remove or change any metadata, copyright notices, or artwork embedded in the files.

The license is personal, non-exclusive, non-transferable, and worldwide. It lasts indefinitely unless you break these Terms, in which case it ends automatically and you must delete your copies. Download links may expire after a set number of downloads or days, so please save your files once you receive them. If a file is faulty, contact us and we will replace it.

8. Services and booking terms

We offer live performance bookings, production and mixing sessions, and sync licensing. The specific scope, dates, fees, and deliverables for each service are set out in the product listing, your booking confirmation, or a separate written agreement. If a separate written agreement is signed, it controls where it conflicts with this section.

8.1 Booking requests and deposits

You can start a booking through our contact and booking form or by purchasing a booking deposit in the store. A booking is confirmed only when we confirm it in writing (email is fine) and receive the deposit. Deposits reserve our time, so we can turn down other work for that date.

  • Live performance bookings require the deposit shown in the store or confirmation. The balance is due by the date stated in the confirmation, usually on or before the performance date. Requirements such as set length, load-in time, backline, sound equipment, hospitality, and travel are agreed in writing before the date.
  • Production and mixing sessions require payment of the session deposit or fee at booking. You are responsible for delivering files in the agreed format and on the agreed schedule. The number of revision rounds included is stated in your confirmation; extra revisions may be billed separately.

8.2 Cancellations by you

  • Live performances: deposits are non-refundable because they cover time we hold for you. If you cancel at least 30 days before the event, we will apply the deposit toward one rescheduled date within 12 months of the original date, subject to our availability. If you cancel fewer than 30 days before the event, the deposit is forfeited, and any amounts agreed in writing as non-refundable (for example, travel already booked) remain due.
  • Production and mixing sessions: if you cancel at least 48 hours before the scheduled session, you can reschedule once at no charge or receive a refund of the deposit, less any payment processing fees we cannot recover. If you cancel with less than 48 hours’ notice or do not show up, the deposit is forfeited.

8.3 Rescheduling

We will try to accommodate reasonable requests to move a date. A rescheduled date depends on our availability and may involve a price adjustment if the new date or scope differs. A deposit can be carried over to a new date once.

8.4 Cancellations by us

If we have to cancel a confirmed booking for reasons within our control, we will offer you a new date or a full refund of all amounts you paid for that booking, at your choice. Our liability for a cancellation is limited to that refund.

8.5 Force majeure

Neither of us is responsible for failing to perform, or for a delay in performing, because of events beyond reasonable control. These include severe weather, natural disasters, fire, flood, power failures, epidemics or public health orders, government action, venue closure, serious illness or injury of a performer, accidents, strikes, or failures of transportation. If a force majeure event prevents a performance or session, we will work with you in good faith to reschedule. If no mutually acceptable new date can be found within 12 months, we will refund any deposit paid, less any third-party costs already incurred on your behalf and agreed in writing.

8.6 Ownership of session work

For production and mixing work, you keep ownership of the material you send us. Unless agreed otherwise in writing, once you have paid in full you own the final mixes we deliver for your project, and we may mention the project and play short excerpts in our portfolio unless you ask us not to. Any samples, sounds, or musical parts we create may be subject to separate terms set out in writing. You confirm that you have the rights to all material you give us and that our work on it will not infringe anyone else’s rights.

9. Sync licensing terms (summary)

A sync license lets you use a Fort Never recording with visual media, such as a film, TV episode, advertisement, video game, online video, or podcast. This section is a summary. Each sync license is governed by the specific license terms issued to you, which control if they differ from this summary.

  • Request and quote. Tell us about your project, the track, the intended use (for example, background or featured), the media, the territory, and the length of the license term. Fees depend on these details.
  • No rights until confirmed. You receive no rights to use a track until you have paid the license fee and we have issued a written license or license confirmation. Buying a download or streaming a track does not give you sync rights.
  • Scope. A license covers only the track, project, media, territory, and term stated in it. Using the track in another project, a new edit, or a different campaign requires a new license.
  • Non-exclusive. Unless the license says otherwise, sync licenses are non-exclusive, so the track may be licensed to others.
  • Credit. Where credits are customary, you agree to credit the track in the form stated in the license.
  • Restrictions. You may not resell, sublicense, or distribute the track as a standalone audio file, register it with content identification systems, or use it in content that is defamatory, unlawful, or that falsely suggests Fort Never endorses a product, political candidate, or cause.
  • Rights we control. We license only tracks for which we control the necessary rights. Where a composition is co-written or another party controls a share, we will tell you whether additional clearances are needed.

10. Intellectual property

The Site and its contents, including our recordings, compositions, lyrics, album artwork, logo, photographs, videos, journal articles, and the design of the Site, are owned by Fort Never, its members, or our licensors, and are protected by copyright, trademark, and other laws. “Fort Never” and our logo are names and marks we use to identify our music and merchandise.

You may view the Site and share links to it. You may also share our official posts and embeds on social media using the platforms’ built-in sharing tools. Otherwise, you may not copy, reproduce, publish, modify, or commercially use any Site content without our written permission. If you believe content on the Site infringes your copyright, please see our DMCA Policy.

11. User content

If you post a comment, send us a message, submit material for a session, or otherwise provide content (“User Content”), you keep ownership of it. For comments and other content you publish on the Site, you give us a non-exclusive, royalty-free, worldwide license to host, display, and moderate it on the Site. For content you send privately, you allow us to use it only to respond to you or deliver the service you requested.

You confirm that your User Content is yours or that you have permission to share it, and that it does not break any law or anyone’s rights. We may edit, refuse, or remove any User Content at our discretion, for example if it is spam, off-topic, abusive, or unlawful. We do not have to monitor User Content, and opinions in comments belong to the people who wrote them.

12. Prohibited uses

When using the Site, you agree not to:

  • break any law or regulation, or encourage anyone else to;
  • infringe our or anyone else’s intellectual property, privacy, or other rights;
  • post or send content that is harassing, hateful, threatening, obscene, defamatory, or misleading;
  • send spam, chain messages, or unsolicited advertising through our forms or comments;
  • try to gain unauthorized access to the Site, its server, accounts, or data, or to probe, scan, or test the Site for vulnerabilities without our permission;
  • upload malware or interfere with the Site’s normal operation, including through denial-of-service attacks;
  • use bots, scrapers, or automated tools to copy content or collect data from the Site, including to train AI models, except for standard search engine indexing;
  • place fraudulent orders or use stolen payment details;
  • buy merchandise in bulk for resale without our written agreement; or
  • pretend to be Fort Never, a band member, or anyone else.

We may block access, cancel orders, close accounts, and report unlawful activity to the authorities if we believe you have broken this section. Our security tools may automatically block suspicious traffic.

13. Disclaimers

The Site and its content are provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, except for warranties that cannot be excluded by law. We do not promise that the Site will be uninterrupted, secure, or error-free, or that content in our journal is complete, accurate, or suitable for your situation. See our Disclaimer for more detail.

Nothing in these Terms limits any rights you have as a consumer that cannot be excluded or limited under the law of the place where you live. For example, if you live in the EU or UK, you keep your legal rights regarding goods and digital content that are faulty or not as described.

14. Limitation of liability

To the fullest extent permitted by law:

  • Fort Never and its members, collaborators, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill, arising out of or related to the Site, your purchases, or these Terms, even if we were told such damages were possible.
  • Our total liability for any claim arising out of or related to the Site, a purchase, or a service is limited to the amount you paid us for the specific order or service the claim relates to, or US $100 if no payment was made.

These limits do not apply to liability that cannot be limited by law, such as liability for death or personal injury caused by our negligence, or for fraud or intentional misconduct.

15. Indemnity

You agree to defend, indemnify, and hold harmless Fort Never and its members, collaborators, and agents from any claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from your breach of these Terms, your misuse of the Site or our music, your User Content, or your violation of any law or third-party right. This includes claims arising from material you provide for a production or mixing session. We will tell you about any such claim and may choose to take part in the defense with our own counsel.

16. Governing law

These Terms are governed by the laws of the State of Texas, USA, and applicable U.S. federal law, without regard to conflict-of-law rules. If you are a consumer living outside the United States, you may also benefit from mandatory consumer protection laws of your country of residence.

17. Dispute resolution

  1. Talk to us first. Most problems can be solved quickly by email. Before starting any formal proceeding, please send a written description of the issue and the outcome you want to [email protected]. We will both try in good faith to resolve it within 30 days.
  2. Courts. If we cannot resolve the dispute informally, it will be decided exclusively by the state or federal courts located in Travis County, Texas, and you and we consent to the personal jurisdiction of those courts. Either of us may instead bring an eligible claim in a small claims court (justice court) with jurisdiction.
  3. Consumers abroad. If you are a consumer in the EU, UK, or another country whose law gives you the right to bring a claim in your home courts, this section does not take that right away.
  4. Time limit. To the extent permitted by law, any claim must be brought within one year after it arises, or it is permanently barred.

18. General terms

  • Entire agreement. These Terms, together with the policies linked above and any written booking confirmation or license, are the entire agreement between you and us regarding their subject matter.
  • Severability. If any part of these Terms is found unenforceable, the rest stays in effect, and the unenforceable part will be applied to the greatest extent allowed.
  • No waiver. If we do not enforce a provision right away, we can still enforce it later.
  • Assignment. You may not transfer your rights under these Terms without our consent. We may transfer ours, for example if the project or its catalog changes hands.
  • Notices. We may send notices to the email address you gave us. You can send notices to [email protected].

19. Changes to these Terms

We may update these Terms from time to time. The “Last updated” date at the top shows when they last changed. The version in effect when you place an order applies to that order. Continuing to use the Site after changes are posted means you accept the updated Terms.

20. Contact

Fort Never
Austin, Texas, USA
Email: [email protected]

For booking questions, store problems, or anything about these Terms, email us and we will get back to you as soon as we can.