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Terms of use

1. PLEASE READ THE FOLLOWING AGREEMENT (TERMS OF USE) CAREFULLY. AN ACT OF USING AND CONTINUING TO USE OSTANDING SERVICES (defined hereunder) INCLUDING, WITHOUT LIMITATION, ITS WEBSITE (OSTANDING.COM) AND PRODUCTS (defined hereunder) SHALL IMPLY AS IF YOU HAVE GIVEN YOUR CONSENT TO THE TERMS OF USE THAT WILL CREATE LEGALLY BINDING CONTRACTUAL RELATIONSHIP BETWEEN YOU AND OSTANDING (defined hereunder). YOUR FAILURE TO READ THE TERMS OF USE SHALL NOT RELEASE YOU FROM THE LIABILITIES ARISING FROM THE TERMS OF USE.

2. DEFINITIONS AND INTERPRETATIONS :

2.1 Ostanding refers to Shopaholic, California LLC, d.b.a. Ostanding

2.2 ‘Terms of Use’ refers to all the terms herein provided.

2.3 ‘Products’ refers to the window shades and wallpaper available for sale through Ostanding.com

2.4 ‘Ostanding Collection’: It refers to the collection of the images maintained by Ostanding by allowing the designers to submit their original work or the work they own in return of the certain amount as a royalty to be paid by Ostanding not the customer.

2.5 ‘Ostanding Material’ includes the images, designs, content, information, drawings, software and applications available on Ostanding.com.

2.6 ‘Ostanding Customer Support’ refers to the customer services department of Ostanding.

2.7‘Ostanding Services’ refer to the products and services offered by Ostanding

2.8 The ‘customer’ and ‘you’ refer to the customer of the ‘products’.

2.9 The word ‘Ostanding parties’ refers to Ostanding, its owners, managers, staff, agents, affiliates, assigns, licensors and licensees

3. PRODUCTS, SERVICES, SHIPPING, PAYMENTS, RETURNS AND WARRANTIES :

3.1 Ostanding offers the custom made window shades and wallpaper for a givenprice. The customer shall place an order along with the measurement, an image, payment and other specifications in a prescribed manner. The customer may submit the images chosen from the Ostanding collection. The customer may submit any image obtained from his/her/its own sources (‘customer material’), provided that the customer material is not subject to the copyrights of any other person or the customer has been licensed to that effect.

3.2 Ostanding requiresthe payment via debit card, credit card and PayPal at the time of order.

3.3 The customers shall be liable to pay the shipping cost at the time of the order placement.

3.4 The customer shall ensure that the measurement submitted to Ostanding is correctly taken andsubmitted. Ostanding owns no liability for any consequencesif the customer fails to take measurement correctly.

3.5 The product using the images provided by the customer shall be delivered after two (2) to four (4) weeks, and the products using the Ostanding imagesare expected to reach customer after three (3) to seven (7) business days of the order placement.

3.6 The product shall be delivered to thephysical address within the United States.

3.7 Ostanding shall not allow any return or exchange of the product unless the customer receives a defective or damaged product or a product not compliant with the order. In such case, the customer shall be entitled to exchange the product within thirty (30) days.

3.8 Ostanding provides a twelve (12) month warranty against any defects or damagesof the product unless the defect is found by our inspection team to be caused by the use the product is not ordinarily put in or is not made for. It is further provided that the warranty does not cover the damages or defectsif the product is exposed to water, fire or extreme weather.

3.9 Ostanding may require the damaged or defective product for inspection if the damage or defect cannot be verified via phone or email.

3.10 Unless it is established to the satisfaction of Ostanding that the product is delivered in damaged or defective conditionbefore it is shipped back to Ostanding, we shall not pay any return shipping costs incurred by the customer.The customers should make arrangements with Ostanding customer support as to how the return is to be processed before sending the product back to Ostanding.

3.11 The customers are advised to ensure at the time of receiving the package from carrier that the exterior of the package has no signs of the damage. If you find such signs, report it to the carrier and make a note to that effect on the delivery receipt before signing it. Ordinarily, Ostanding considers it sufficient substantiation if the carrier agrees to the fact that the exterior of the package has the signs of damage.

3.12 In the extreme cases where the package is badly damaged, the customer is advised not to accept the package. The carrier delivering the package will return it to Ostanding. You should intimate this fact to Ostanding via contact page. Ostanding will ship the product back to you free from any defect or damage.

4. USE OF THE IMAGES AND INTELLECTUAL PROPERTY RIGHTS :

4.1 Unless the image is selected from Ostanding Collection, the customer hereby represents and warrants that the customer material is not subject to the copyrights of any other party. The customer hereby owns all kind of liabilities arising from the customer material including, but not limited to any claims, demands, obligations and damages.

4.2 Ostanding shall not accept the prohibited material including, without limitation, the images of nudity, sexual activity and violence, orany material inciting hatred or involving political controversies, or is against the public policy.

4.3 The image actually printed on the products may be a little lighter than their appearance on the screen for the obvious reason of difference of the medium. Ostanding shall send the customers a link to a print ready image before manufacturing process starts for their approval.

4.4 Ostanding Collection is subject to the copyrights and is protected by the relevant law for the time being in force in the United States and International Treaties in the favor of Ostanding and Ostanding Designers. In case of any violation of such rights, Ostanding reserves the right to employ any measure permissible by law.

5. USER ACCOUNT :

5.1 The customer may sign up for Ostanding by inputting certain personal information including name, physical address for billing and email. The signing up is optional for the customer as they may place order without having the user account. The information submitted to Ostanding shall be used for the order processing and for making you know about the latest offers and products with the belief that you are interested in such information. If you do not want to receive such emails, you may inform Ostanding in the prescribed manner. Ostanding warrants that the access to the customer information shall be limited to the closed circle of the trusted staff of Ostanding, and that the information shall not be shared with any person external to Ostanding. The customers are advised to consult the Privacy Policy of Ostanding.com that is part of the Terms of Use.

6. INDEMNIFICAITON :

6.1 The customer shall indemnify, defend and hold Ostanding parties harmless from and against any losses, liabilities, fee, damages, costs, and expenses including, but not limited to, the litigation expenses incurred by the Ostanding parties in connection with any matter, claim, action, suit, cause of action arising out of the use of Ostanding services, the customer material, or the violation or alleged violation of these Terms of Use by the customeror any dispute with third party.

7. DISCLAIMER :

7.1 OSTANDINGSERVICES ARE PROVIDED BY OSTANDING ON AN "AS IS" AND “AS AVAILABLE” BASIS. YOUR USE OF OSTANDING SERVICES IS AT YOUR OWN RISK AND, UNLESS OTHERWISE EXPRESSLY PROVIDED HEREIN, OSTANDING MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO OSTANDING SERVICES, OR THAT OSTANDING SERVICES, INCLUDING, WITHOUT LIMITATION, OSTANDING.COM WILL BE RELIABLE, SECURE, ERROR-FREE, ACCURATE, UNINTERRUPTED, OR FREE FROM VIRUSES OR OTHER MALIGNED COMPONENTS.

TO THE EXTENT PERMITTED BY THE RELEVANT LAW FOR THE TIME BEING IN FORCE, AND UNLESS OTHERWISE EXPRESSLY PROVIDED HEREIN, OSTANDING HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND WITH RESPECT TO OSTANDING SERVICES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

TO THE PERMISSIBLE EXTENT PROVIDED BY THERELEVANT LAW FOR THE TIME BEING IN FORCE, OSTANDING PARTIES SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM CUSTOMERS’ USE OF OSTANDING SERVICES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES OR LOSSES. UNLESS OTHERWISE EXPRESSLY PROVIDED, THE SOLE REMEDY FOR DISSATISFACTION WITH OSTANDING SERVICES IS TO STOP USING OSTANDING SERVICES.

7.2 OSTANDING DISCLAIMS ANY LIAIBLITY ARISING FROM THE USE OF THE CUSTOMER MATERIAL.

7.3 Ostanding may change or revise the scope of Ostanding Services at any time without any prior notice.

7.4 Ostanding reserves the right to cancel any order not submitted in prescribe manner, and in such case, you will be required to re-submit your order.

7.5 Ostanding owns no liability arising from the blog entries posted by the users. The users are personally liable for the blog posts. It is, therefore, advised that the users must observe the Section 15 herein.

8. SCOPE OF LIABILITIES :

8.1 The maximum aggregate liability of Ostanding shall be limited to the payment made by the customer to Ostanding for the product.

9. FORCE MAJEURE :

9.1 Ostanding shall not be liable for any breach of the Terms of Use if such breach has been caused by Natural Force Majeure Event including, but not limited to, an act of God, lockouts, labor disturbance, or any event beyond the reasonable control of Ostanding.

10. SOCPE OF REMEDIES :

10.1 The rights of Ostanding in the Agreement are cumulative and not exclusive.

10.2 Ostanding may exercise any rights or claim available to Ostanding under any other law for the time being in force and/or any theory of law including, without limitation, Contract law, Law of Tort and Equity.

10.3 In case Ostanding fails to exercise a right or claim a remedy arising from the Agreement or any other law for the time being in force, it shall not imply that Ostanding has waived such right or remedy.

10.4 Ostanding owns no liability for any incidental or consequential damages under the Terms of Use.

11. SCOPE OF THE TERMS OF USE :

11.1 The Terms of Use constitutes entire agreement between Ostanding and the customers superseding all prior agreements, if any.

11.2 The headings and numbers in the text of the Terms of Use are for reference purposes only, and they do not add to or affect the interpretation or meaning of any provision of the Terms of Use.

11.3 In case, any provision of the Terms of Use is found to be invalid, void or unenforceable by the competent judicial authority, the provision shall be severed from the Terms of Use, and such invalidity, void-ability or unenforceability of the provision shall not affect the remaining provision of the Terms of Use.

12. GOVERNING LAW AND JUDICIAL JURISDICTION :

12.1 The Terms of Use shall be governed by the relevant law for the time being in force in the State of California.

12.2 All business practices, operations and acts of Ostanding and the customer shall be in compliance with the relevant laws for the time being in force in California.

12.3 Any disputes arising from the Terms of Use shall be preferred to be resolved by an independent mediation or any other low cost dispute resolution means. If such means fail to resolve the dispute, the matter shall be brought before the court having competent jurisdiction over (please insert the city name).

13. MODIFICATIONS AND AMENDMENTS :

13.1 Ostanding reserves the right to amend, modify or change any provision of the Terms of Use and Privacy Policy without prior notice to the customers. The amended, modified or changed version of the Terms of Use and Privacy Policy shall be effective once they are posted on Ostanding.com.

14. COPYRIGHT INFRINGEMENTS :

14.1 Being a professional business entity, Ostanding respects the rights of other people over their work and creation. Ostanding believes it is not infringing the rights of any party. If any person or business organization finds us infringing their rights, please contact us with the relevant proof. We assure you the issue will be resolved accordingly.

15. Unauthorized content :

15.1 The users are not allowed to post the content on Ostanding Blog that is vulgar, prejudicial, discriminatory, derogatory, insulting or indecent. Ostanding strictly prohibits the users to post any statement, remark, comment or discussion that may hurt the sentiments of other people.

16. NOTICES :

16.1 All notices and communication required to be served or made under the Terms of Use shall be sent to Ostanding via contact page.