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Terms of Use

All users of this website agree that their access to and use of this website are subject to the terms and conditions set forth in this legal notice and all applicable laws, and that any such access or use is undertaken at the user’s own risk. These terms and conditions are subject to change at any time without prior notice. Any changes will be reflected on the Terms of Use page of the Ostelia.com website.

By making a purchase from Ostelia.com, you understand and agree that Ostelia.com may share information about you and your transaction with other companies for the purpose of processing your transaction, including fraud prevention, vendor direct shipping and credit card authorization.

 Site Content

All images, graphics, code, software and other content used on or incorporated into this website are subject to intellectual property rights held by or licensed to Ostelia.com, LLC or its affiliates. Subject to your compliance with these terms of use, Ostelia grants you a limited, non-exclusive, non-transferable, non-sub-licensable license to access and make personal and non-commercial use of this website.  This license does not include: (a) any commercial use of this website or its contents; (b) any collection or use of any product listings, descriptions, images or videos; (c) any derivative use of the website or its contents; (d) any downloading, copying or other use of the website or its contents for the benefit of any third party; or (e) any use of data mining, robots or similar data gathering and extraction tools.  This website and its contents may not be reproduced, sold, visited, or otherwise exploited for any commercial purpose without the prior express written consent of Ostelia. You may not frame or utilize framing techniques to enclose any trademark, logo,or other proprietary information (including images, text, page layout, or form)on this website or owned by Ostelia without first obtaining Ostelia’s written consent.

Disclaimers

This website may contain errors and may not be complete or current. Ostelia.com therefore reserves the right to the fullest extent allowed by law to correct any errors or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors or omissions may relate to product descriptions, pricing and availability, and we reserve the right to the fullest extent allowed by applicable law to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.

Ostelia.com website and all information, content, materials, products, services and user content included on or otherwise made available to you through the website (collectively, the “site content”) are provided by Ostelia.com on an “as is”, “as available” basis,without representations or warranties of any kind. Ostelia.com makes no representations or warranties of any kind, express or implied, as to the operation of the website, the accuracy or completeness of the site contents, or that the website or emails sent from Ostelia.com are free of malware or other harmful components. You expressly agree that your use of the Ostelia.com website is at your own risk. To the full extent permitted by law, Ostelia.com disclaims any and all representations and warranties as well as fitness for a particular purpose or use.

To the fullest extent allowed by applicable laws, neither Ostelia.com nor the directors, officers, employees, agents, contractors, successors or assigns of each, shall be liable for any damages whatsoever arising out of or related to the use of this website, email sent in connection with this website or any other website linked to this website. This limitation of liability applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if Ostelia.com is notified in advance of the potential for any such damages.  

Ostelia.com does not want to receive confidential, proprietary or trade secret information through this website (excluding information related to any order you submit). Please note that any information, materials, suggestions, ideas or comments sent to Ostelia.com will be deemed non-confidential. And, by submitting any such information, you are granting Ostelia.com an irrevocable,perpetual and unrestricted license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever, including advertising. For example, we may use customer reviews from the site in our online or print advertising, along with first name only and city/state of residence.  Please refer to our User Generated Content Policy below for further information on any content you submit to this website.

Ostelia.com has the right but assumes no voluntary duty to monitor and edit or remove any comments or product review (“Comments”) posted by users on this site. You are solely responsible for the Comments you post on or through this site, for their accuracy, and for the consequences of submitting and posting those Comments. Also, you should be skeptical about information provided by others, and you acknowledge that the use of any Comments posted on the site is at your own risk to the fullest extent allowed by applicable law. For example, we are not responsible for, and we do not endorse, the opinions,advice, suggestions or recommendations posted or sent by users in any Comments and we specifically disclaim any liability in connection therewith to the fullest extent allowed by applicable law. You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or malware that could in any way affect the operation of this site.

Notice for California Residents pursuant to CA Civil Code section 1789.3:  California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Digital Millenium Copyright Act

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the website infringe your copyright, you(or your agent) may send Ostelia.com a notice at the address listed below requesting that we remove the material or block access to it, but you must include the following information:

(i)     Identification of the copyrighted work that you believe to be infringed.  Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
(ii)     Identification of the content that you believe to be infringing and its location.  Please describe the content in as much detail as possible, and provide us with its URL or any other pertinent information that will allow us to locate the content.
(iii)     Your name, address, telephone number, and(if available) email address.
(iv)     A statement that you have a good faith belief that the use of the work you are reporting is not authorized by the copyright owner, its agent or the law.
(v)     A statement that the information you have supplied is accurate, and indicating under penalty of perjury that you are the copyright owner or authorized representative.
(vi)     A signature or the electronic equivalent from the copyright holder or authorized representative.
If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov for details. Notices and counter-notices should be sent to: Copyright Agent, feedback@ostelia.com We recommend to consult your legal advisor before filing a notice or counter-notice.

User Generated Content Policy 

  1. When you transmit, upload, post, e-mail or otherwise make available data, text, software, music,sound, photographs, graphics, images, videos, messages or other materials(“User Content”) on or to Ostelia.com or any other website, microsite, or any other internet property owned, operated or sponsored by Ostelia(collectively “Bloomingdale’s Web Properties”), you are entirely responsible for such User Content. Such User Content constitutes a Submission as defined below. This means that you, and not Ostelia.com, LLC, are entirely responsible for all User Content that you post to any Ostelia Web Properties.All users of Ostelia Web Properties agree that their access to and use of any Ostelia Web Properties are subject to this User Generated Content Policy and all applicable laws, and that any such access or use is undertaken at the user’sown risk. The terms of this User Generated Content Policy are subject to change at any time without prior notice. Any such changes will be reflected on the User Generated Content Policy page of the Ostelia.com Web site.
  2. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing or otherwise making available on the Ostelia Web Properties, User Content that is, or which encourages activity or conduct that is, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;you do not have a right to make available under any law or under contractual or fiduciary relationships; is known by you to be false, inaccurate or misleading;you were compensated for or granted any consideration by any third party; contains restricted or hidden content; or infringes any patent, trademark, trade secret, copyright, right of publicity or other proprietary rights of any party.
  3. While Ostelia allows users to post User Content, including images and comments, to Ostelia Web Properties, you should be aware that User Content is not reviewed by Ostelia before posting and does not necessarily reflect the views of Ostelia.
  4. All User Content must be appropriate for a family audience. Any User Content may be removed by Ostelia from the Ostelia Web Properties at anytime and for any reason.
  5. When you submit, post, or otherwise transmit User Content to any Ostelia Web Properties you alone are responsible for insuring you have the rights to post that User Content, including, but not limited to, any copyright rights to images or music, and the right to publish the images of the people or items included in the User Content.
  6. Please note that any User Content posted to any Ostelia Web Properties may be used by Ostelia for commercial purposes and may be copied or exported from any of the Ostelia Web Properties and published elsewhere on the internet or otherwise, so please exercise discretion in deciding what to post on any of the Ostelia Web Properties.
  7. Be aware that Ostelia has no control over User Content once it leaves Ostelia Web Properties, and it is possible that others may duplicate material found on Ostelia Web Properties, including, but not limited to, on other sites on the Internet.
  8. You further agree not to post any content or mechanism that attempts to gain access to restricted areas of any of Ostelia Web Properties, collect or solicit passwords or personal information from other users, or engage in commercial activities via any of Ostelia Web Properties.
  9. In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of “spam.” You further agree not to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; intentionally or unintentionally violate any applicable local, state, national or international law; or collector store personally identifiable data about other users.
  10. Ostelia does not endorse or control the User Content transmitted or posted on the Ostelia Web Properties and therefore, Ostelia does not guarantee the accuracy, integrity or quality of User Content. You understand that by using this, or any other of the Ostelia Web Properties, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will Ostelia be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Ostelia Web Properties.

    You acknowledge that Ostelia has the right – though not the obligation – in our sole discretion to refuse to post or remove any User Content and it reserves the right to change, condense, edit, modify, transmit, display, or delete any User Content and you waive any rights you have in having the material altered or changed in a manner not agreeable to you. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, Ostelia has the right to remove any User Content that violates this User Generated Content Policy or is otherwise objectionable and, solely as to the posting of content,it reserves the right to terminate access to submit UGC to Ostelia Web Properties without prior notice for any user who violates this User Generated Content Policy or infringes the rights of others. Please note that any such termination will not affect your ability to make purchases, returns, or otherwise interact with the services Ostelia provides.
  11. Any inquiries, feedback, suggestions, ideas or other information or User Content you provide us (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. By uploading, posting, emailing or otherwise submitting Submissions to any of the Ostelia Web Properties, you grant, and you represent and warrant that you have the right to grant, to Ostelia an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, telecast, copy, perform, display, edit, distribute and otherwise exploit the Submissions, or any portion thereof, in any manner (including without limitation promotional and advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such Submissions, and to grant and authorize sub licenses of the foregoing without any compensation to you or any third party.

    You also acknowledge that your Submissions will not be returned and Ostelia may use your Submissions, and any ideas, concepts or know how contained therein, without payment of money or any other form of consideration, for any purpose including advertising, promotional, marketing, publicity, trade or commercial purposes, without attribution, and without the requirement of any permission from or payment to you or to any other person or entity.

    If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You agree to indemnify Ostelia and its affiliates for all claims arising from or in connection with any claims to anyrights in any Submission or any damages arising from any Submission.
  12. To the fullest extent permissible by law, neither Ostelia nor any other party involved in creating, producing or delivering the site is liable for any direct, incidental, consequential, indirect, special, or punitive damages, including lost profits arising out of your access to, or use of, the site even if Ostelia has been advised of the possibility of such damages.
  13. While Ostelia strives to make Ostelia Web Properties safe and positive places, they remain public forums, and other users may attempt to obtain personal information about you in order to harass or injure you. By using the Ostelia Web Properties you acknowledge and agree that Ostelia is not responsible for others’ misuse of information publicly disclosed here. Please carefully select the type of information that you post or share, and report any abuses to us.