Terms & Conditions for www.avadellapietra.com

Please take a moment to read these Terms and Conditions carefully:

1. Acceptance of Terms.

These Terms and Conditions (“Terms”) form a legal agreement between you and avadellapietra.com, and all of its respective subsidiaries, affiliates, and owners (“Site”, “we”, “us, “Ava”). By using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms.

2. Eligibility.

By using the Site, you represent and warrant that you either: (a) are of the age of majority in your jurisdiction of residence or older, (b) have the right, authority and capacity to agree to and abide by these Terms; or (c) if under the age of 13 have parental/guardian consent to use and participate in the Site.

3. Copyright.

All music and video content or other materials contained on the Site, or uploaded to the Site by a user, is owned by the Site, and can be used to promote Ava (including user-generated videos).

4. Permission to Contact You.

By providing us with your information at sign-up, you agree to allow the Site to contact you via email or whatever other contact information you furnish.

5. Lawful Basis for Collecting and Processing Data.

The Site shall have the ability to collect, use, store, and disclose (for the limited purposes hereunder) your personal information in order to provide the information, products, and services offered. Site will never sell, rent, distribute, or disclose any of your personal information to any third parties, except in an effort to provide you with the information, products, or services you have requested.

6. Privacy.

In using the Site, you agree that you have also read, understood, and accepted our related Privacy Policy.

7. Modification of the Terms.

The Site reserves the right, at any time, to make changes or modifications to these Terms without notice. Such changes will become effective upon its publication on the Site. If you continue to use the Site or any offered services after the date which it has been changed and published, the continued use shall be deemed to constitute acceptance of any such changes. You agree to review these Terms periodically to be aware of any such revisions.

8. Disclaimer of Warranties.

THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND THE SITE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT. YOU ACKNOWLEDGE THAT THE SITE DOES NOT WARRANT THAT THE INFORMATION OR ANY OFFERED PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE UNINTERRUPTED OR DELAYED (DUE TO A FORCE MAJEURE EVENT, OR OTHERWISE), ERROR-FREE OR VIRUS-FREE; THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE INFORMATION OR ANY OFFERED SERVICE WILL BE ACCURATE OR RELIABLE; OR THAT ANY ERRORS IN THE INFORMATION OR ANY OFFERED SERVICES WILL BE CORRECTED.

9. Limitation of Liability.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY OR OTHERWISE) SHALL THE SITE, ALL OF ITS RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, CONTRACTORS, LICENSORS, OWNERS, AGENTS, INFORMATION PROVIDERS, LICENSEES, DISTRIBUTORS, MANUFACTURERS, DIRECTORS, OFFICERS AND EMPLOYEES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF INCOME OR PROFITS, LOSS OF REVENUE, LOSS OF DATA OR CONTENT, DAMAGES FOR BUSINESS INTERRUPTION, OR INABILITY TO USE THE SITE, ANY INFORMATION CONTAINED ON THE SITE, ANY OFFERED PRODUCTS OR SERVICES, OR OUT OF THE BREACH OF ANY WARRANTY, OR CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, INCORRECT INFORMATION, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO THE SITE (BUT THE SITE SHALL USE REASONABLE EFFORTS TO TIMELY CURE ANY DEFECT UNDER ITS CONTROL).

THE LIMITATION ON SITE LIABILITY ABOVE SHALL APPLY WHETHER OR NOT SITE HAS OR HAD BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. UNDER NO CIRCUMSTANCE SHALL DEITCH ACADEMY OR ADAM DEITCH EVER BE LIABLE FOR ANY LOSS, COST, EXPENSE, OR DAMAGE TO YOU OR ANY THIRD PARTY THAT EXCEEDS THE AMOUNT ACTUALLY PAID BY YOU TO THE SITE.

10. Indemnification.

Your use of the Site and any information, offered products or services constitutes your express agreement to indemnify, defend and hold harmless the Site, and its respective parents, subsidiaries, affiliates, contractors, licensors, owners, agents, information providers, DSPs, licensees, distributors, directors, manufacturers, officers and employees (collectively, the “Indemnified Parties”) from and against any and all claims, complaints, demands, actions, suits and proceedings by any person, including any regulatory authority (each a “third party claim/proceeding”) and all resulting liabilities and obligations (including damages, administrative monetary penalties, financial sanctions, settlement payments, expenses and costs, including lawyer’s fees) arising from, connected with or relating to any of the following: (a) the use by or on behalf of you of any offered products or services; (b) your reliance on any information contained in the Site, or (c) any negligence, misconduct or breach of this Agreement, or (d) any actual or alleged violation of any applicable law or infringement of any rights, by or on behalf of you or any other person for whom you are responsible under this agreement or at law. The Site Academy retains the right to participate (with counsel of their own selection at their sole cost and expense) in the defense of, and settlement negotiations relating to, any third party claim/proceeding.

11. Contact.

If you have any questions about our Terms and Conditions or to update and correct your personal information you can email: avamusic@avadellapietra.com

12. Site Usage/Special Terms Acknowledgement.

Notwithstanding the foregoing, in particular, these are the things we offer on the Site:

• Market to users of all ages

• Sell merchandise through a third party (e.g., Bandware)

• Run promotional contests

• Collect email addresses through our Constant Contact sign-up form

• Allow users to subscribe to Ava Della Pietra’s social media including but not limited to Facebook, Instagram, YouTube, Spotify, Twitter, Apple Music, Pandora, Amazon Music & Deezer.

• Allows users access to external tools like Outnow (for song streaming) and LinkTree

• Allows users to email Ava's email (avamusic@avadellapietra.com) and her PR team

• Allows users to read and click through to external press links and other external links

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