Out on a Bead, the domain name(s) associated with the Site and all content, materials, copyrights, trademarks, technology, patents, trade secrets and other proprietary rights of Out on a Bead (the “Intellectual Property”) are the sole property of the Company and all rights therein are reserved.
You may not copy, modify, reproduce, retransmit, reverse engineer or otherwise utilize the Intellectual Property in any fashion or for any purpose other than set forth herein without the express written permission of the Company. You may only link to the Site for the purpose of directing other users to the Site, and must remove any link to the Site immediately on request from the Company.
Out on a Bead may at its option provide you with one or more areas within the Site for online discussions (e.g. message boards, wikis, chat rooms or blogs). Should you choose to participate in such a forum, you agree not to utilize the forum for illegal, immoral or inappropriate purposes. The Company reserves the right but will not be obligated to edit or delete postings to its forums at any time and for any reason.
You are responsible for all content posted by you (the "User Content") and The Company shall have no responsibility or liability therefor. You hereby grant the Company a worldwide, perpetual, non-exclusive, transferable, fully paid-up license to use, copy, perform, or revise any User Content, including but not limited to any forum posts you may create. In connection with such User Content, you warrant and represent that you have all rights, title and interests necessary to provide such User Content that User Content shall not infringe any third party’s rights of any kind, including but not limited to any trademark, copyright, patent, or trade secret. Selecting Buy now option on patterns will give you permission to print the pattern once for your personal use and is not intended for personal gain.
The Site may include links to third party websites. Such links are provided for your convenience, and do not necessarily constitute an endorsement by the Company of such sites or an affiliation between the Company and the owners of such sites, nor shall the Company be liable for the contents of such sites. The Company will also not be liable for any errors in such links, or for any malfunction of such links.
Any items or downloads purchased by a user of Out on a Bead is obligated to paying fees and charges in the amount of the then-current advertised prices of when the package was purchased.
The Company may at any time choose to utilize a payment system for Out on a Bead. Your use of the Service is contingent on your paying in advance for such use, in the amounts and using the methods then-current on the Site. The Company will charge your indicated method of payment immediately upon your confirming the payment method and amount. Amounts to be charged may include sales and other taxes where applicable and any other amounts indicated on the Site. To the extent that you are responsible for any additional taxes or fees beyond those collected by the Company you agree that you will pay them when due.
The Company shall not be responsible for any errors or transmission failures with regard to the charging and collection of funds from your indicated payment method, nor for any actions taken by the provider of the payment method you choose (which could include refusal to authorize the charge). In addition to these Terms, any payments made by you may be subject to the agreement between you and the provider of the payment method. As between you and the Company, you are responsible for all charges related to purchases made using your account and payment method, whether or not you authorized such purchases.
By using Out on a Bead, you hereby warrant and represent that you have all necessary rights, power and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in these Terms or in the performance of such obligations will place you in breach of any other contract or obligation. You further warrant and represent that you are and shall at all times remain in full compliance with all applicable laws and regulations with regard to your use of this Site and Service, including without limitation the Telephone Consumer Protection Act, the Telemarketing Sales Rule, the CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography and Marketing Act) of 2003, and all other laws and regulations concerning privacy, telemarketing and Internet marketing.
IndemnificationBy using Out on a Bead, you agree to indemnify and hold harmless the Company, its affiliates, assigns, contractors, officers, directors, employees and agents from and against any loss, claim, damage, obligation, liability, cost or expense (including, without limitation, reasonable attorneys' fees and costs of any investigation or preparation) arising out of or in connection with any actual or threatened claim, suit, action or proceeding by any person, entity or government agency based on or arising out of your breach of the above warranties or any use by you or an account or computer owned by you of Out on a Bead or your provision of User Content to Out on a Bead.
Governing Law; Forum
These Terms shall be governed by and interpreted in accordance with the laws of the State of Montana, United States of America without regard to conflict of laws principles. You agree that the exclusive forum for any disputes arising out of these Terms and/or your use of the Site or Service shall be the state and federal courts located in Billings, Montana.
The provisions regarding ownership; payments; warranties; and indemnification set forth above will survive any termination of these Terms. All notices to the Company shall be provided in writing, and any notice will be deemed to be given on the date it is received.
If you have any questions or concerns about Out on a Bead and its Terms of Service, please feel free to Contact Us.