TERMS & CONDITIONS

Consent to Contact

By submitting your phone number and email, you are providing express written consent for Ava Kalea Kennedy, its agents, and service providers to contact you at that number regarding products or services. This may include autodialed and/or prerecorded or artificial voice calls, text messages (SMS and MMS), or email, even if your telephone number is a cellular number or is listed on a corporate, state, or the National Do Not Call Registry (DNC) or other do not contact list.

You may opt-out at any time by emailing us a Do Not Call Request. Your consent is not required or a condition of any purchase. Message and data rates may apply. You also consent to our SMS terms, Privacy Policy, and Terms of Use. By communicating with us by phone or email, you give your full consent for any and all calls, texts, and emails to be recorded for quality and training purposes.

General

This website (the “Site”) is owned and operated by Ava Kalea Kennedy

(“Ava Kalea Kennedy,” “we,” or “us”). By using the Site, you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, our Privacy Policy, and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from Ava Kalea Kennedy. Accessing the Site in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service.

We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service as modified.

Your License to Us

By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos, and videos) to us via the Site, internet groups, social media venues, or to any of our staff via email, text, or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older.

When you submit, email, text, deliver, or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction.

You acknowledge and agree that any contributions originally created by you for us shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended. As such, the copyrights in those works shall belong to Ava Kalea Kennedy from their creation. In the event that any of the results and proceeds of your submissions are not deemed a “work made for hire,” you hereby, without additional compensation, irrevocably assign, convey, and transfer to Ava Kalea Kennedy

all proprietary rights, including without limitation, all copyrights and trademarks.

Limitations on Linking and Framing

You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site or incorporate any of our material, content, or intellectual property into another website or service.

Disclaimers

Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products, or services offered on or through them.

THE INFORMATION, PRODUCTS, AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY AVA KALEA KENNEDY AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

Online Commerce

Certain sections of the Site may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability, or any other aspect of these products and services.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You also agree not to make any purchases for speculative, false, or fraudulent purposes or to anticipate demand for a particular product or service.

Interactive Features

This Site may include a variety of features, such as bulletin boards, web logs, chat rooms, and email services, which allow feedback to us and real-time interaction between users. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Site lies with each user – you alone are responsible for the material you post or send.

We do not control the messages, information, or files that you or others may provide through the Site. It is a condition of your use of the Site that you do not:

Restrict or inhibit any other user from using and enjoying the Site. Use the Site to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity. Interfere with or disrupt any servers or networks used to provide the Site or its features. Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site.

Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind. Post or transmit any information, software, or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights.

Ava Kalea Kennedy may host message boards, chats, and other public forums on its Sites. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to the message boards, chats, or other public forums in the future.

Registration

To access certain features of the Site, we may ask you to provide certain demographic information. If you elect to sign-up for a particular feature of the Site, such as chat rooms, web logs, or bulletin boards, you may also be asked to register with us and provide personally identifiable information.

You agree to provide true, accurate, current, and complete information about yourself as prompted by the Site’s registration form.

Passwords

To use certain features of the Site, you will need a username and password. You are responsible for maintaining the confidentiality of the password and account and are responsible for all activities that occur under your password or account.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES, OR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES.

Termination

We may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination.

Refund Policy

Your purchase of a product, service, or ticket to an event may or may not provide for any refund. Each specific product, service, event, or course will specify its own refund policy.

Other

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Ava Kalea Kennedy infringe your copyright, you may send a notice requesting that the material be removed or access to it be blocked.

Disclaimer

Although it is highly unlikely, this policy may be changed at any time at our discretion. If we update this policy, we will post the updates on this page on our Website. If you have any questions or concerns regarding our privacy policy, please direct them to: nichemodelsandtalent.com