Updated November 20, 2019
1. Acceptance of our Terms
If you are under the age of 16 years, you may not create an account or register as a member without the consent of your parent or legal guardian. If you are a parent or guardian permitting a person under the age of 16 (a “Minor”) to create an account, you agree to:
- exercise supervision over the Minor’s use of our website and account;
- assume all risks associated with the Minor’s use of our website and their account, including the transmission of content or information to and from third parties via the Internet;
- ensure that the content and information that the Minor may encounter on our website are suitable for the Minor;
- assume liabilities resulting from the Minor’s use of our website and their account;
- ensure the accuracy and truthfulness of all information submitted by the Minor; and
3. Accessing the Service
4. Member Account, Password, and Security
You must be a registered user and set up an account to access certain features of our service. When you register and activate an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration fields. You may also be required to choose a password. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify AshMarks immediately of any unauthorized use of your account or any other breach of security by contacting [email protected]. AshMarks will not be liable for any loss or liability that you may incur or suffer as a result of someone else using your password or account, either with or without your knowledge. You may be held liable for losses incurred by AshMarks or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder. You should log out from your account at the end of each use.
5. No Unlawful or Prohibited Use
As a condition of your use of the service and content (as defined below), you will not use the service or content for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the service or content in any manner that could damage, disable, overburden, or impair any AshMarks server, or the network(s) connected to any AshMarks server, or interfere with any other party’s use and enjoyment of the service or any content. You may not attempt to gain unauthorized access to the service or any content, other accounts, computer systems or networks connected to any AshMarks server or to any of the content, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the service.
6. Using our Service
By way of example, and not as a limitation, you agree that when using the service and content, you will not:
(a) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
(b) upload, or otherwise make available, files that contain images, photographs, audio, video, graphics, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same;
(c) use any material or information, including images, photographs, video or audio, which are made available through the service in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any party;
(d) upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
(e) download any file posted by another user of the service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner;
(f) falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, including but not limited to in the form of watermarks, headers, and footers;
(g) restrict or inhibit any other user from using and enjoying the service;
(h) violate any code of conduct or other guidelines which may be applicable for use of the service;
(i) violate any applicable laws or regulations; or
(j) create a false identity for the purpose of misleading others.
8. Paid Services and Products
Certain aspects of the service may be provided for a fee or other charge. If you elect to use paid aspects of the service, you agree to our Pricing Schedule which we may update from time to time. We may add new services or products for additional fees and charges, or amend fees and charges for existing services, at any time in our sole discretion.
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the service at the prices in effect when such charges are incurred. You will pay any applicable taxes, service fees, relating to any such purchases, licenses, royalties, transactions, or other monetary transaction interactions.
10. License to use our Service
Additional terms apply to any content that you download from or otherwise use from the service. These additional terms are contained in our License Agreement (available at Membership Policy).
11. User Submissions
AshMarks does not claim ownership of the materials you provide to AshMarks (including feedback and suggestions) or post, upload, input or submit (“Post”)as part of the use of the service for review by the general public, or by the members of any public or private community, (each a “submission” and collectively “submissions”).
You agree not to submit or use submissions that:
(a) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement or illness to you or to any other person;
(b) may create a risk of any other loss or damage to any person or property;
(c) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
(d) may constitute or contribute to a crime or tort;
(e) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people, libelous, threatening, hostile, violent or otherwise objectionable;
(f) contains any information which discriminates against others based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin;
(g) contains any information or content that is illegal;
(h) contains any information that you do not have a right to make available under any law or under contractual or fiduciary relationships; and
(i) contains any information or content that you know is not correct and current.
If you post, upload, input, provide or submit (“Post”) a submission, you warrant and represent the following:
(e) your submission is neither obscene, defamatory or otherwise objectionable;
(f) to the best of your knowledge, your submission and other information that you provide to us is truthful and accurate;
(g) you will not transmit unsolicited emails or engage in spamming to publicize or promote your relationship with AshMarks;
12. User License Grant
By posting your submission using the service, you expressly grant, and represent and warrant that you have all rights necessary to grant, to AshMarks a multi-use, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, royalty-free, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display and make derivative works of your submission and your name, voice and/or likeness as contained in your submission, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the service and AshMarks’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the service (and derivative works thereof) in any media format and through any media channels. For the avoidance of doubt, you will only be taken to grant these rights to us when you post your submission on our service. When you download and publish your submission elsewhere, you are not granting us the above rights.
The licenses you grant to us in connection with your submission will terminate at the time you completely remove the submission from the service, provided that, such termination shall not affect any licenses granted in connection with the submission prior to the time you completely remove it.
AshMarks is under no obligation to post or use any submission you may provide and AshMarks may remove any submission at any time in its sole discretion. You agree that no compensation, royalties or any other monetary consideration will be paid with respect to the use of your submission.
13. Monitoring of content and users
By using the service, you acknowledge and agree to the following:
(a) AshMarks has no obligation to monitor the content. However, AshMarks reserves the right to review materials posted as part of use of the service and to remove any materials in its sole discretion.
(b) AshMarks reserves the right at all times to disclose any information as AshMarks deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials (including your submissions), in whole or in part, in AshMarks’s sole discretion.
(c) AshMarks takes no responsibility and assumes no liability for any Submission that you or any other user or third party uploads, inputs, provides or submits to or using the service. You shall be solely responsible for your Submission and the consequences of posting your Submission.
(d) You are solely responsible for your interactions with other users of the service. AshMarks reserves the right but has no obligation, to monitor disputes between you and other users of the service. We have no liability for your interactions with other users of the service, or for any user’s action or inaction.
(e) You understand that you may be exposed to content that is inaccurate, objectionable, inappropriate for children or otherwise unsuited to your purpose, and you agree that AshMarks will not be liable for any damages you allege to incur as a result of content or your use of content.
14. Third party links
The service is provided on an “as is” and “as available” basis. This use of the service is at your own risk. AshMarks and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics, video, and audio published as part of the content for any purpose. To the maximum extent permitted by applicable law, the service is provided without warranties of any kind, whether express, implied or statutory, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title or non-infringement.
Without limiting the above, AshMarks, its subsidiaries and its licensors do not warrant that the content available through the service is accurate, reliable or correct, that the service will meet your requirements, that the service will be available at any particular time or location, uninterrupted or secure, that any effects or errors will be corrected or that the service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the service.
The service is controlled and operated from our facilities in the United States of America. We make no representations that the service is appropriate or available for use in other locations. Those who access or use the service from other jurisdictions do so at their own risk and are entirely responsible for compliance with all applicable Federal and local laws and regulations.
17. Governing Law
For any dispute with AshMarks, you agree to first contact us at [email protected] and attempt to resolve the dispute with us informally. If we are unable to resolve a dispute with you after attempting to do so informally, then the dispute must be submitted to mediation administered by you. The mediation will be conducted in Glendale, Arizona unless you and AshMarks agree otherwise. Each party is permitted to be legally represented (at its own cost) and the costs of the mediation will be met equally between the parties. Nothing in this section will prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, Intellectual Property Rights, or other proprietary rights
19. Entire Agreement
21. Severability of provisions
22. No waiver
No failure to exercise nor any delay in exercising any right, power or remedy by a party operates as a waiver. A single or partial exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding on the party granting that waiver unless made in writing.
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