1. About AshleyDawn.com
AshleyDawn.com is the official website of Ashley Dawn, an independent recording artist based in Murfreesboro, Tennessee. The Site is operated by Ashley Dawn ("we," "us," or "our") and provides access to artist updates, music releases, merchandise, fan club membership, and related content.
2. Eligibility and Use of the Site
You must be at least 13 years of age to use this Site. By using the Site, you represent that you meet this requirement. If you are under 18, you represent that a parent or legal guardian has reviewed and agreed to these Terms on your behalf.
You agree to use the Site only for lawful purposes and in a manner that does not infringe the rights of others. You agree not to:
- Use the Site to transmit any unsolicited or unauthorized advertising or promotional material;
- Attempt to gain unauthorized access to any portion of the Site or any systems connected to it;
- Interfere with or disrupt the security or operation of the Site;
- Copy, reproduce, scrape, or redistribute any content from the Site without our written permission.
3. Fan Club Membership
3.1 What Fan Club Membership Is
Fan club membership at AshleyDawn.com is currently a free email list that gives you early access to announcements, new music releases, event information, exclusive updates, and other content from Ashley Dawn. By signing up, you are joining Ashley Dawn's direct communication list.
3.2 What You Agree To
By signing up for the fan club, you agree to:
- Provide accurate contact information, including a valid email address and, if provided, a mobile phone number;
- Receive email communications from Ashley Dawn as described at the time of signup;
- Receive SMS messages only if you separately and explicitly opt into SMS communications.
3.3 Unsubscribing
You may unsubscribe from fan club email communications at any time by clicking the "Unsubscribe" link in any email we send. To opt out of SMS messages, reply STOP to any text message from us. Opting out will not affect any purchase or account you hold with us.
3.4 Future Membership Tiers
We may introduce paid or tiered fan club membership options in the future. Any such offering will have its own separate terms presented to you at the time of enrollment. These Terms do not create any obligation for us to offer paid membership or any specific benefit level.
4. SMS Program
4.1 Consent
By checking the SMS consent checkbox on our signup form, you expressly consent to receive text messages from Ashley Dawn at 1-866-ASHBERRY (1-866-274-2379). Your consent is specific to messages from this number and this program only. We will not share your phone number or your consent with any third party for their own marketing purposes.
4.2 Types of Messages
You may receive:
- Transactional messages: order confirmations, fan club account updates, customer support;
- Promotional messages (if opted in): new music announcements, event information, merchandise offers, and other updates.
4.3 Message Frequency and Rates
Message frequency varies. Standard message and data rates may apply depending on your carrier and plan. We are not responsible for any charges imposed by your mobile carrier.
4.4 Opting Out
Reply STOP at any time to cancel SMS messages. Reply HELP for assistance. Consent to SMS is not a condition of any purchase or fan club membership.
4.5 Supported Carriers
SMS service may not be available through all carriers. Supported carriers include, but are not limited to, AT&T, Verizon, T-Mobile, and other major U.S. carriers.
5. Intellectual Property
All content on the Site — including but not limited to music, lyrics, artwork, photographs, videos, graphics, logos, and text — is the property of Ashley Dawn or her licensors and is protected by U.S. and international copyright, trademark, and other intellectual property laws.
You may not reproduce, distribute, publicly perform, display, modify, or create derivative works from any content on the Site without our prior written permission, except as expressly permitted by law. Nothing in these Terms transfers any intellectual property rights to you.
6. User-Submitted Content
If you submit any content to the Site (such as comments, messages, or contest entries), you grant Ashley Dawn a non-exclusive, royalty-free, perpetual, worldwide license to use, display, reproduce, and distribute that content in connection with the Site and her artist activities. You represent that you own or have the right to submit such content and that it does not infringe any third-party rights.
7. Purchases and Merchandise
If merchandise or digital products become available through the Site, any such purchase will be subject to additional terms presented at checkout, including payment terms, shipping policies, and refund policies. All sales are final unless otherwise stated at the time of purchase.
8. Third-Party Links
The Site may contain links to third-party websites. These links are provided for your convenience only. We have no control over the content of those sites and accept no responsibility for them or for any loss or damage that may arise from your use of them.
9. Disclaimers
THE SITE AND ALL CONTENT ON IT ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, ASHLEY DAWN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF THESE TERMS SHALL NOT EXCEED $100.
11. Governing Law
These Terms are governed by and construed in accordance with the laws of the State of Tennessee, without regard to its conflict of law provisions. You agree that any legal action or proceeding arising out of or relating to these Terms or your use of the Site shall be brought exclusively in the state or federal courts located in Rutherford County, Tennessee, and you hereby consent to the personal jurisdiction of such courts.
12. Dispute Resolution
12.1 Informal Resolution First
Before initiating any formal dispute, you agree to contact us at the address below and give us 30 days to attempt to resolve the issue informally.
12.2 Binding Arbitration
If we cannot resolve a dispute informally, any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Site shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court, except as provided below. The arbitration will take place in Rutherford County, Tennessee, or by remote hearing if both parties agree.
12.3 Exceptions
Either party may seek injunctive or other equitable relief in court to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights. Claims that qualify for small claims court may be brought in that court.
12.4 Class Action Waiver
YOU AND ASHLEY DAWN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR HER INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING.
13. Changes to These Terms
We reserve the right to update these Terms at any time. When we do, we will update the "Last Updated" date at the top of this page. Your continued use of the Site after any change constitutes your acceptance of the revised Terms.
14. Contact Us
Ashley Dawn
PO Box 12238
Murfreesboro, TN 37129
hello@ashleydawn.com