Updated 20 November 2019
This agreement applies to any produced using the AshMarks web application available at
AshMarks.com or downloaded, streamed or otherwise sourced from AshMarks.com.
When you, a registered user of the AshMarks web application (hereafter referred to as
“Member”), edits, produce and/or downloads from the AshMarks web application, you agree to
be bound by the terms of this Membership Agreement, the AshMarks Privacy Policy and the
AshMarks Terms of Use. The Privacy Policy and Terms of Use are incorporated into this
Membership Agreement by reference.
1. All graphics used or made available as part of the AshMarks web application are the sole and
exclusive intellectual property of AshMarks LLC (“AshMarks”).
2. AshMarks distinguishes between Members that access the AshMarks web application on a
free basis as (“Non-paying Member”) and on a paid basis as (“Paid Member”) and grants a
membership on this basis.
2.a. For Non-paying Members: The Non-paying Member is hereby granted a worldwide,
perpetual, non-exclusive, non-assignable, non-transferable right to publicly display membership
records solely for personal, informational, non-commercial purposes and to authorize others to
display the members records.
2.b. For Paid Members: The Paid Member is hereby granted a worldwide, perpetual, non-
exclusive, non-assignable, non-transferable right to publicly display the membership records for
commercial purposes (such as advertising and promotional projects and online publications) and
to authorize others to display members records.
3. In addition to the rights granted under section 2 above, a Member, or Member’s account
representative, right to use the membership for non-broadcast purposes will be subject to the
following restrictions:
3.a. The member profile(s) may not be transferred, copied, or duplicated by itself, either in
whole. Further, the member profile, may not be resold, licensed, leased or in any way distributed
to any third party.
3.b. Release or redistribution of the member profile(s) (e.g., making it available for download via
the internet) is not permitted.
3.c. Use of the member profile (with or without pictures) in any items for resale, license or other
distribution for profit is not permitted;
3.d. Including the member profile(s) (with or without pictures) in templates of any nature,
including templates for websites, documents, projects or otherwise for distribution and/or sale to
third parties is not permitted;
3.e. Use of the member profile(s) (with or without pictures) in design template applications
intended for resale, whether online or not, including, without limitation, website templates, Flash
templates and electronic greeting card templates is not permitted.
4. This Membership Agreement does not authorize or permit any use of any member profile(s)
that is not expressly set forth herein or to make any other use of member profile(s) not expressly
authorized here-under. AshMarks reserves all rights not expressly granted to Members here-
under. All rights granted here-under are granted on a non-exclusive basis.
5. AshMarks accepts no responsibility or liability for any loss of business or business profits (or
any other special or consequential loss) resulting directly or indirectly from the use of a member
profile(s).
6. This Membership Agreement is binding upon and shall inure to the benefit of, any respective
successors and/or assigns of the parties hereto.
7. Member must own the copyright (owner) of any files uploaded to AshMarks.com for use in a
member profile(s).
8. IN THE EVENT OF ANY MATERIAL BREACH OF THIS AGREEMENT OR ANY USE
OF THE MEMBER PROFILE(S) BY A THIRD PARTY, ALL RIGHTS GRANTED UNDER
THIS AGREEMENT SHALL TERMINATE IMMEDIATELY. ANY CONTINUED USE OF
THE MEMBER PROFILE(S) BY MEMBER SHALL CONSTITUTE AN INTENTIONAL
INFRINGEMENT OF THE COPYRIGHTS IN AND TO THE MEMBER PROFILE(S). THE
COPYRIGHT OWNER(S) OF THE MEMBER PROFILE(S) HEREBY RESERVES ALL OF
THEIR RIGHTS TO LEGAL AND FINANCIAL REMEDIES AND RELIEF.