TERMS & CONDITIONS AND PRIVACY POLICY

This page is updated as of 08/05/18 to be DGPR compliant

Your Use of this Website is Governed by these Terms and Conditions

Please take a few minutes to review these Terms and Conditions. Your use of this website constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these Terms and Conditions, please do not use the dontmondaymysunday.com website.

The Endless Weekend Company operates this internet site located at www.dontmondaymysunday.com ("Website").  As used herein, the terms “you,” “your,” and “yours” refer to the user or registered user using this Website. The terms “The Endless Weekend Company,” “Endless Weekend,” “we,” “us,” and “our” refer to The Endless Weekend Company and its related or affiliated companies.

 

These Terms and Conditions will govern your use of any new features that augment or enhance the current services (together the “Services”), however from time to time, new Services or features may be made available on this Website and you may be required to review and agree to additional terms and conditions and/or download software. Unless otherwise provided by the additional terms and conditions applicable to the new Services you use, the additional terms and conditions are hereby incorporated into these Terms and Conditions. In addition to these Terms and Conditions and any additional terms, the Endless Weekend privacy policy found below (the “Privacy Policy”) will govern how your personal information will be used on this Website, and together they form the agreement between you and us (the “Agreement”). Nothing in this Agreement will be deemed to confer any third-party rights or benefits. THIS AGREEMENT CONTAINS DISCLAIMER AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.

These Terms and Conditions May Change dontmondaymysunday.com reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of this Website following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this Website.

Your Privacy

At Endless Weekend, we are committed to protecting your privacy. We use the information we collect about you to process orders and to provide a more personalized shopping experience. Please read on for more details about our privacy policy.

What Information Do We Collect? How Do We Use It?

When you order, we need to know your name, e-mail address, mailing address, phone number, credit-card number and expiration date. This allows us to process and fulfill your orders and to notify you of your order status.

 

You may also voluntarily sign up to be informed about certain offers, which we use to send the information you requested.

When you enter a contest or other promotional feature, we may ask for your name, address and e-mail address, and personal preferences, so we can administer the contest and notify winners. We personalize your shopping experience by using your purchases to shape our recommendations about other merchandise that might be of interest to you. We also monitor customer traffic patterns and site usage to help us develop the design and layout of the site.

We may also use the information we collect to occasionally notify you about important changes to the Website, new Endless Weekend services, and special offers we think you'll find valuable. If you would like to opt-out from receiving Endless Weekend emails, please contact Customer Service by emailing customerservice@dontmondaymysunday.com, by managing your email preferences within the "My Account" section of our Website, or by following the unsubscribe instructions in each email.

 

The Endless Weekend Company is the controller of the information collected from you on this Website. We have appointed a data protection director (DPD) who is responsible for overseeing questions in relation to the handling of your personal information. If you have any questions or concerns or requests concerning the privacy of the information that you provide, please contact our DPD:

 

Endless Weekend

Attn: Data Privacy Director

1242 SW Pine Island Rd,

Ste 42-280

Cape Coral, FL 33991

United States

(844) 700-DMMS

Customerservice@dontmondaymysunday.com

Your Consent

By using our Website, you consent to the collection and use of this information by Endless Weekend. If we decide to change our privacy policy, we will post those changes on this page, so you are always aware of what information we collect, how we use it and under what circumstances we disclose it.

How Does Endless Weekend Protect Customer Information?

We have physical, electronic and procedural security safeguards to protect and secure the information we collect.

Our Website uses Secure Sockets Layering (SSL) to encrypt your personal credit information, including your credit card number, before it travels over the Internet. SSL technology is the industry standard for secure online transactions. Because we use SSL, placing an order online at our Website is just as safe as giving your credit card number over the phone.

Will Endless Weekend Disclose the Information it Collects to Outside Parties?

We are committed to protecting your privacy. We use the information we collect on the site to make shopping at Endless Weekend possible and to enhance your overall shopping experience. We do not sell, trade or rent your personal information to others. The Website depends, in part, on functionality provided by third party vendors.  Some of your information may pass through the systems of these vendors in order to deliver a quality shopping experience to you. Endless Weekend has partnered with UPS and i-Parcel for orders shipping outside of the United States. International shoppers get the benefit of seeing product prices in their local currency, guaranteed order totals and cost effective international shipping. To see the i-Parcel privacy policy, please click here

Updating Your Personal Information and Privacy Preferences

You have the right to opt-out of receiving communications from Endless Weekend at any time by unsubscribing to emails within the email itself or you can contact customer care and request to be removed from email communication. In addition, European Union users may access, correct or delete any personal information they provided via this Website at any time. They may do so by contacting Privacy@dontmondaymysunday.com. Any change to or deletion of the information provided may affect the fulfillment of orders or the delivery of other services and information. We will respond to requests within thirty days.

Data Retention

Unless you request its deletion, Endless Weekend will retain your information for as long as your account is active, your information is needed to provide you services, or as required to fulfill Endless Weekend’s legal obligations.

Tell Us What You Think

We welcome your comments regarding this Website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent to dontmondaymysunday.com shall be and remain the exclusive property of dontmondaymysunday.com. Your submission of any such Comments shall constitute an assignment to dontmondaymysunday.com of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. dontmondaymysunday.com will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

Inaccuracy Disclaimer

From time to time there may be information on our Website or in our catalog that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Endless Weekend reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).

Are Children Allowed to Use dontmondaymysunday.com?

Endless Weekend does not sell products for purchase by children. We sell children's products for purchase by adults. If you are under 18, you may use dontmondaymysunday.com only with the involvement of a parent or guardian.

In cases where you have authorized a minor to use the Website, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of the Website; and (iii) the consequences of any misuse by the minor. You acknowledge that Endless Weekend has no obligation to monitor the content accessible on or through the Website.

 

Copyright Notice

All of the Content you see and hear on the dontmondaymysunday.com website, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips and text, are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Endless Weekend. The entire Content of this Website is copyrighted as a collective work under U.S. copyright laws, and Endless Weekend owns a copyright in the selection, coordination, arrangement and enhancement of the Content.

The Content of this Website, and the site as a whole, is intended solely for personal, noncommercial use by the users of our site. You may download, print and store selected portions of the Content, provided you (1) only use these copies of the Content for your own personal, non—commercial use, (2) do not copy or post the Content on any network computer or broadcast the Content in any media, and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice.

No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. dontmondaymysunday.com reserves complete title and full intellectual property rights in any Content you download from this Website.

Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining written permission from Endless Weekend.

Notice of Copyright or Trademark Infringement

Endless Weekend respects the intellectual property of others. When we become aware of allegations of copyright or trademark infringement in material distributed through www.dontmondaymysunday.com or any of Endless Weekend’s other social media platforms, we will investigate and address the allegations. Endless Weekend’s response can include, without limitation, termination of the infringer’s access to this site or other Endless Weekend social media.

If you misrepresent that material infringes your intellectual property rights, you may be liable for damages, including attorneys' fees and costs. If Endless Weekend determines to restrict or terminate a user’s access to www.dontmondaymysunday.com or other Endless Weekend social media, Endless Weekend will make a good faith effort to notify the person who posted the infringing content so that they may make counter notification pursuant to applicable laws. Endless Weekend shall document all notices of alleged infringement upon which it decides to take action. A copy of the notice may be sent to one or more third parties who may make such notice available to the public, including as a part of legal proceedings.

If you believe that your trademark rights or copyright have been infringed on www.dontmondaymysunday.com, please provide Endless Weekend’s DMCA Agent with the following information:

• Identification of the trademark or copyrighted work claimed to have been infringed;
• Identification of the allegedly infringing material on www.dontmondaymysunday.com (identified by url) or other Endless Weekend social media that you are requesting be removed;
• Your name, address, and daytime telephone number, and an e-mail address if available, so that we may contact you;
• A statement that you have a good-faith belief that the use of the trademark or copyrighted work is not authorized by the owner, its agent, or the law;
• A statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner the intellectual property right that is allegedly infringed, and
• An electronic or physical signature of the intellectual property owner or someone authorized on the owner’s behalf to assert infringement and to submit the statement.

Endless Weekend’s agent for notice of claims of infringement is its General Counsel, who can be reached as follows:

The Endless Weekend Company

Attn.: General Counsel

1242 SW Pine Island Rd,

Ste 42-280

Cape Coral, FL 33991

E-mail: customerservice@dontmondaymysunday.com

Counter notification, as permitted by applicable law and, in particular, the Digital Millennium Copyright Act, may be sent to Endless Weekend’s agent. All counter notifications must include responsive information to what is set forth above, including any required statements or signatures.

Endless Weekend USER CONTRIBUTED CONTENT POLICY

The Endless Weekend Company website (www.dontmondaymysunday.com) and social media sites (including, but not limited to, Facebook, Twitter, Instagram and Pinterest) (collectively the “Sites”) may provide opportunities for you to post or store content in the form of text, artwork, photographs, videos and or music on the Sites ("User Content"). User Content is publicly accessible and includes your social media profile information and any content you post pursuant to your profile, but it does not include information you submit to register with or order Endless Weekend products from www.dontmondaymysunday.com. The Endless Weekend Company is not obligated to maintain any User Content in confidence. You agree that you are solely responsible for your User Content and that you post such User Content at your own risk.

By submitting or posting User Content on the Sites, you grant The Endless Weekend Company and our subsidiaries and affiliates a worldwide, nonexclusive, royalty free, perpetual, irrevocable and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on the Sites and on third-party sites. Our license to use your Contributions is fully paid and royalty free, meaning we do not owe you anything else in connection with our use of your Contributions.

By submitting or posting any User Content to the Sites, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through the Sites any content that:

• contains any defamatory, libelous, obscene, pornographic, offensive, hateful, threatening, or inflammatory material;
• promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
• advocates, promotes or assists any illegal act including, but not limited to, violence or computer misuse, or the infringement of the intellectual property rights;
• contains viruses, corrupted data, or other harmful, disruptive, or destructive files;
• is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
• is threatening, abuses or invades another’s privacy, or is likely to harass, upset, embarrass, alarm, or annoy any other person, all as determined in our sole discretion;
• is likely to deceive any person or be used to misrepresent your identity or affiliation with any person;
• gives the impression that it emanates from The Endless Weekend Company, if this is not the case; and/or
• contains anything that, in Endless Weekend’s sole determination, is objectionable or inhibits any other person from using or enjoying the site, or which may expose The Endless Weekend Company or the users of the Sites to harm or liability of any kind.

Should you wish to remove any User Content that you have posted, Endless Weekend’s agent for notice for removal can be reached as follows: The Endless Weekend Company Attn.: Community and Content Manager 1242 SW Pine Island Rd, Ste 42-280 Cape Coral, FL 33991 E-mail: customerservice@dontmondaymysunday.com

The Endless Weekend Company reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Sites at any time and for any reason without notice, and you are solely responsible for creating backup copies and replacing any User Content you post or store on the Sites at your sole cost and expense.

By posting User Content to the Sites, you represent and warrant that (a) such User Content is non-confidential; (b) you own and control all of the rights, title and interest in and to the User Content or you otherwise have all necessary rights to post and use such User Content to the Sites and to grant the rights to The Endless Weekend Company that you grant in these Terms; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting thereof in connection with the Sites, do not and will not violate these Terms or the terms and conditions of use of the Sites, or any other applicable Endless Weekend terms, guidelines or policies or any applicable law, rule or regulation.

SOCIAL MEDIA AGREEMENT

WHEN YOU SUBMIT CONTENT (INCLUDING BUT NOT LIMITED TO, PHOTOS, TEXTS, ARTWORK, MUSIC AND MUSIC) (“CONTENT”) TO THE Endless Weekend WEBSITE (www.dontmondaymysunday.com) OR ANY Endless Weekend MAINTAINED SOCIAL MEDIA SITE (A “SITE”) OR SEND THE HASHTAG #AGREELIG TO Endless Weekend, YOU AGREE TO BE BOUND BY THESE TERMS.

This Social Media Agreement incorporates by reference Endless Weekend’s Website Terms and Conditions of Use and Privacy Policy Please (http://www.dontmondaymysunday.com/pages/terms-of-service.html). In the event of any conflict or inconsistency between these Terms and the Website Terms and Conditions of Use or Privacy Policy, these Terms will prevail, govern and control with respect to the Content.

1. You represent and warrant that (a) you are at least 18 years old; (b) you own and control all right, title and interest in and to the Content or you otherwise have all rights, permissions and consents necessary to post and use such Content and grant the license being granted hereunder (including, but not limited to, the right to use names, images and likenesses of any third party referenced or appearing in the Content); and (c) Endless Weekend’s use of the Content will not give rise to any claims for any payment whatsoever, including, but not limited to, claims for royalties, re-use fees or residuals. The Content also includes any profile information you allow Endless Weekend to access from third party social media platforms (such as Instagram, Twitter, and Facebook) in accordance with the authorization procedures determined by the platform.
2. You hereby grant to Endless Weekend a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display the Content you submit, in whole or in part, in any and all media, now known or hereafter devised, including without limitation on Endless Weekend’s website and social media accounts, on or in any online, mobile or other digital platforms owned, controlled or licensed by or on behalf of Endless Weekend (including websites, apps and e-mail), for any purpose, including for advertising, marketing, promotional and publicity purposes. Without limiting the generality of the foregoing,, this license includes, and you expressly consent to, Endless Weekend’s right to use and publicly display your name, image, likeness and persona. Nothing in this license requires Endless Weekend to use or publish your Content in any specific way or on a specific platform or use or publish your Content at all.
3. You agree that any statements, remarks or claims contained or depicted in your Content will reflect your honest views and experiences. When referencing or depicting brands, products or services in your Content, you further agree to disclose any material connections you may have with Endless Weekend or other third-party brands or sellers (such as if you are an employee, paid blogger or recipient of free products/services). You also agree to provide supporting information or documentation related to these statements, remarks, claims, views and experiences at Endless Weekend’s request.
4. You agree to sign and deliver documents and take any other actions reasonably requested by Endless Weekend to effectuate, perfect or evidence the license and rights granted in these Terms.
5. You agree that you will not submit Content that (a) infringes the rights of any other person or entity, including without limitation any patent, trademark, trade secret, copyright, right of publicity, right of privacy or any other right of another person or entity; (b) includes material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, violent, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable; (c) displays, describes or encourages the use of a product or service that could be offensive, inappropriate or harmful or depicts the a product being used in a manner that is contrary to any instruction or warnings relating to the product; (d) makes or includes statements, claims or depictions about a person, company, product or service that are false or misleading.
6. To the fullest extent allowed by law, you hereby release Endless Weekend and its employees, contractors, sponsors or any other person acting under Endless Weekend’s permission or authority, from any liability, claim, damage, judgment, cost, loss, expense (including reasonable attorneys’ fees), by virtue of any publication or use of the Content you submit or the name, image, likeness, persona or other information you provide in connection with such Content. Finally, you acknowledge that, with respect to any claim relating to or arising out of Endless Weekend’s actual or alleged exploitation or use of any Content submitted, the damage, if any, thereby caused will not be irreparable or otherwise sufficient to entitle you to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of any production or other materials based on or allegedly based on the Content, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
7. These Terms, including the Endless Weekend online Terms and Conditions of Use and Privacy Policy and any other policies or agreements expressly incorporated by reference therein, constitutes the entire agreement between you and Endless Weekend in relation to the Content you’re licensing. If a court finds any provision of these Terms to be unreasonable or unenforceable in any respect, you agree that these Terms will nonetheless be enforced to the maximum extent to which they are found by the court to be legally enforceable.
8. These Terms will be governed by applicable federal law and the laws of the State of Florida, without reference to its choice of law rules. Nothing herein will be interpreted as a waiver of Endless Weekend’s rights to the Content under federal and state common law and statutes (such as rights of public domain and fair use).