These Terms of Use were last updated May 1, 2024.

TERMS OF SERVICE & CONDITIONS OF USE

SCOPE AND PURPOSE OF THIS DISCLAIMER

The following terms and conditions govern all use of Out of the Blue website and all content, services, and products available at or through the website. The Website is owned and operated by Out of the Blue. (“Out of the Blue”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Out of the Blue’s Privacy Policy) and procedures that may be published from time to time on this Site by Out of the Blue (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Out of the Blue, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

1. RESPONSIBILITY OF WEBSITE VISITORS

Out of the Blue has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot, therefore, be responsible for that material’s content, use or effects. By operating the Website, Out of the Blue does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.

The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated.

Out of the Blue disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

2. THE ACTIONS AND OPINIONS OF OTHER USERS

You must not use this website in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. Some content found on the pages of Out of the Blue within https://www.outofthebluequilts.com and its subdirectories are created by members of the public. The views expressed are theirs and unless specifically stated are not those of Out of the Blue. We accept no responsibility for any loss or harm incurred from the use of this website or any of its information or content.

3. EXTERNAL LINKS

We are not responsible for the contents or reliability of any other websites to which we provide a link, and we do not, expressly or otherwise, endorse the views and/or content expressed within those sites.

4. RESPONSIBILITY OF CONTRIBUTORS

If you operate comment on the Website, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

  • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
  • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
  • your Content is not presented in a manner that misleads your readers into thinking that you are another person or company; and
  • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Out of the Blue or otherwise.

Without limiting any of those representations or warranties, Out of the Blue has the right (though not the obligation) to, in Out of the Blue’s sole discretion (i) refuse or remove any content that, in Out of the Blue’s reasonable opinion, violates any Out of the Blue policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Out of the Blue’s sole discretion. Out of the Blue will have no obligation to provide a refund of any amounts previously paid.

5. INTELLECTUAL PROPERTY

This Agreement does not transfer from Out of the Blue to you any Out of the Blue or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Out of the Blue. Out of the Blue, Out of the Blue Quilts, Out of the Blue logo, and all other trademarks, service marks, graphics and logos used in connection with outofthebluequilts.com, or the Website are trademarks or registered trademarks of Out of the Blue. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Out of the Blue or third-party trademarks.

Sharing, reselling, or distributing of items or files purchased in the digital shop, as well as any other digital proprietary information that is the property of Out of the Blue is strictly prohibited. All files purchased or received from Out of the Blue are for personal use only.

You may not use the content for any harmful, pornographic, or racial material or material that may be deemed harmful or offensive to another person.

All copyrights are retained by Out of the Blue with all rights reserved. Courses, e-books, and digital patterns are for personal use only. No other use is hereby authorized.

It is illegal to reproduce or distribute copyrighted material without the permission of the copyright owner.

6. COPYRIGHT INFRINGEMENT

As Out of the Blue asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by outofthebluequilts.com violates your copyright, you are encouraged to notify Out of the Blue directly via the Website contact form. Out of the Blue will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.

Out of the Blue will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Out of the Blue or others. In the case of such termination, Out of the Bluea will have no obligation to provide a refund of any amounts previously paid to Out of the Blue.

7. OUR RIGHTS TO REMOVE OR REPRODUCE ANY USER-GENERATED MATERIAL

For the purposes of this condition, the term “user-generated material” shall refer to any information, content, or any other media uploaded, posted, emailed, submitted, or otherwise communicated to Out of the Blue via any method at any page on https://www.outofthebluequilts.com or any other content communication or submission medium or forum.

By sharing any contribution or user-generated content (including any text, photographs, graphics, video, audio or any other type of media or content) with Out of the Blue (https://www.outofthebluequilts.com) you agree to grant us, free of charge, permission to use the material in any way we deem fit (including the modification, reproduction, repurposing, or deletion of it).

You hereby confirm that your contribution is your own original work, is not defamatory and does not infringe upon any laws of the country from which you are utilizing this site, nor the laws of Canada or The United States of America, and that you have the full rights to accept this condition.

8. TERMINATION

Out of the Blue may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your outofthebluequilts.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

9. DISCLAIMER OF WARRANTIES

The Website is provided “as is.” Out of the Blue and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement.

Neither Out of the Blue nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

10. LIMITATION OF LIABILITY

In no event will Out of the Blue, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; or (iii) for interruption of use or loss or corruption of data. Out of the Blue shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

By using this website, you hereby forfeit any and all claims, past, present, and future, against the owners, editors, contributors, administrators, and other staff of Out of the Blue and Out of the Blue Quilts.

11. INDEMNIFICATION

You agree to indemnify and hold harmless Out of the Blue, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

12. LEGAL JURISDICTION/MISCELLANEOUS

This Agreement constitutes the entire agreement between Out of the Blue and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Out of the Blue, or by the posting by Out of the Blue of a revised version.

Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Texas, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Hays County, Texas. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Out of the Blue may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

13. VOID WHERE PROHIBITED

Although access to this Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Out of the Blue reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

14. Artificial Intelligence

The owner of this website does not consent to the content on this website being used or downloaded by any third parties for the purposes of developing, training or operating artificial intelligence or other machine learning systems (“Artificial Intelligence Purposes”), except as authorized by the owner in writing (including written electronic communication). Absent such consent, users of this website, including any third parties accessing the website through automated systems, are prohibited from using any of the content on the website for Artificial Intelligence Purposes. Users or automated systems that fail to respect these choices will be considered to have breached these Terms of Use. 

We have included on the pages of this website a robots meta tag with the “noai” or “noimageai” directive in the head section of the HTML page. Please note that even if such directives are not present on any web page or content file, this website still does not grant consent to use any content for Artificial Intelligence Purposes unless such consent is expressly contained.

15. NO UNLAWFUL OR PROHIBITED PURPOSE

As a condition of your use of this Site, you warrant to Out of the Blue that you will not use the Site for any purpose that is unlawful or prohibited by these TERMS OF SERVICE & CONDITIONS OF USE.

16. ENTIRE AGREEMENT

These TERMS OF SERVICE & CONDITIONS OF USE constitute the entire agreement between Out of the Blue and you pertaining to the subject matter of this Agreement. In its sole discretion, Out of the Blue may modify these Terms Of Service and Terms & Conditions of Use by posting the revised version on this Site and you agree that each visit by you to this Site is a new transaction governed by the terms of use linked on this Site at that time.

If you have questions, you may contact Out of the Blue here or at P.O. Box 317, Sedgwick, KS, USA.

This site/terms of use & privacy policy is subject to change without notice. All rights reserved. Original content such as photographs, layouts, and header notes, and instructions associated with content are all copyright Out of the Blue, 2012.