1. Acceptance of Terms
Monday’s are Beautiful (referred to as “Company,” “us” or “we”), provides the
www.mondaysarebeautiful.com website and various related services (collectively referred to as
the “Site”), as well as various products and offerings (collectively referred to as “Offerings”),
subject to your compliance with the following Terms and Conditions of Use (“Terms”), as well as
any other written agreement(s) between us and you.
We reserve the right to change these Terms from time to time with or without notice to you. You
acknowledge and agree that it is your responsibility to periodically review this Site and these
Terms. Your continued use of this Site and Offerings after such modifications will constitute
acknowledgement and acceptance of the modified Terms.
As used in these Terms, references to our “Affiliates” include our owners, licensees, assigns,
subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, advertisers, and
includes (without limitation) all parties involved in creating, producing, and/or delivering this Site
and/or contents and Offerings available on this Site.
BY USING THIS SITE AND OFFERINGS ON THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS, PLEASE EXIT THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE,
PRODUCTS, OR OFFERINGS AVAILABLE ON THIS SITE, OR THESE TERMS IS TO CEASE USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR OFFERINGS. THESE TERMS ARE EFFECTIVE AS OF December 30, 2021.
2. Offerings
Offerings. We provide a number of Offerings for users on its Site, including but not limited to,
(lifestyle personal and branding photography, apparel, stationary and mugs) and other like
information. You are solely responsible for providing, at your own expense, all equipment
necessary to use the services, including a computer and modem; and your own Internet access
(including payment of fees associated with such access).
No Guarantee. Although we work hard to provide quality Offerings, you understand and
acknowledge that we cannot promise or guarantee specific results from using the Site or Offerings
available on this site.
Temporary Interruptions. You understand and agree that temporary interruptions of the Site may
occur as normal events that are out of our control. You also understand and agree that we have no
control over the third-party networks or service(s) that we may use to provide you with Offerings.
You agree that the Offerings available on this Site are provided “AS IS” and that we assume no
responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications
or personalization settings.
Modifications/Discontinuation. We reserve the sole right to either modify or discontinue the Site,
including any of the Sites’ features, at any time with or without notice to you. We will not be liable
to you or any third party should we exercise such right. Any new features that augment or enhance
the then-current services on this Site shall also be subject to these Terms of Use.
3. Payment
Fees. If you choose to purchase one or more of the Offerings provided on our Site, you agree to
pay all fees associated with the Offerings. It is the general policy of the Company that all sales are
final. Any purchases made for Offerings subject to an outside agreement will be subject to the
terms of that agreement.
This site does not process credit cards, or take other payment processing information. Payment
processing is handled through third-party services, such as PayPal and Stripe. In the event you sign
up for a Service that is ongoing and incurs recurring charges (such as a subscription), such charges
will be billed in advance of service, and are nonrefundable.
Overdue Amounts. If, for any reason, your credit card company declines or otherwise refuses to
pay the amount owed for the Offerings you have purchased, you agree that we may, at our option,
suspend or terminate performance of Offerings or delivery of products and may require you to pay
any overdue amounts incurred (including any third-party chargeback fees or penalties) by other
means acceptable to us. In the event legal action is necessary to collect on balances due, you agree
to reimburse us for all expenses incurred to recover sums due, including attorney fees and other
legal expenses.
4. Site Conduct, Posting Policies & Third-Party Websites
User-Created Content Guidelines. Your use of the Site is subject to all applicable laws and
regulations, and you are solely responsible for any comments or posts you leave on the Site or the
Blog. By posting information on the Site, or by otherwise using any communications service,
message board, newsgroup, or other interactive service available on the Site, you agree that you
will not post comments, messages, links, code or other information that:
i. is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, invasive
of another’s privacy, or includes graphic descriptions of sexual or violent content;
ii. Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis
of religion, gender, sexual orientation, race, ethnicity, age, or disability;
iii. Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other
proprietary right of any party;
iv. Consists of unsolicited advertising, junk or bulk email (also known as “spam”), chain letters,
any other form of unauthorized solicitation, or any form of lottery or gambling;
v. Contains any form of malicious code, files, or programs that are designed or intended to disrupt,
damage, or limit the functionality of any software, hardware, or telecommunications equipment or
otherwise causes damage, or allows you to obtain unauthorized access to any data or other
information of any third party;
vi. Breaches the security of, compromises or otherwise allows access to secured, protected or
inaccessible areas of this Site, or attempts to gain access to other network or server via your account
on this Site;
vii. Impersonates any person or entity, including any of our employees or representatives.
No Endorsement. Company neither endorses nor assumes any liability for any material uploaded
or submitted by users on any part of the Site. Although we do not pre-screen, police or monitor
comments posted on the Site, we and our agents reserve the right to remove any and all postings
that we feel do not comply with these Terms and any other rules of user conduct for our Site, or
are otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay
in removing such postings.
Third Party Sites and Information. This Site may redirect or link to other websites on the Internet,
or may otherwise include references to information, products or services made available by
unaffiliated third parties. While we make every effort to work with trusted, reputable providers,
from time to time such sites may contain information, material or policies that some may find
inappropriate or personally objectionable. You understand that we are not responsible for the
accuracy, completeness, decency or legality of content hosted by third party websites, nor are we
responsible for errors or omissions in any references made on those websites. The inclusion of
such a link or reference is provided merely as a convenience and does not imply endorsement of,
or association with the Site or party by us, or any warranty of any kind, either express or implied.
Promotions. From time to time, this Site may include advertisements offered by third parties. You
may enter into correspondence with or participate in promotions of the advertisers showing their
products on this site. Any such correspondence or promotions, including the delivery of and the
payment for goods and services by those third parties, and any other terms, conditions, warranties
or representations associated therewith, are solely between you and the advertiser. We assume no
liability, obligation or responsibility for any part of any such correspondence or promotion.
5. Company Intellectual Property
Content. For purposes of these Terms, “content” is defined as any information, communications,
software, published works, photos, video, graphics, music, sounds, or other material that can be
viewed by users on our Site and is owned by Company or its Affiliates.
Ownership of Content. By accepting these Terms, you agree that all content presented to you on
this Site is protected by any and all intellectual property and/or other proprietary rights available
within the United States, and is the sole property of Company or its Affiliates.
The following are registered trademarks, trademarks or service marks of Monday’s are Beautiful
photography or its Affiliates: words, logos, and phrases. All other trademarks or service marks are
property of their respective owners. Nothing in these Terms of Use grants you any right to use any
trademark, service mark, logo, and/or the name of Monday’s are Beautiful) or its Affiliates.
Limitations on Use of Content. Except of a single copy made for personal use, you may not copy,
reproduce, modify, republish, upload, post, transmit, or distribute any content from this Site in any
form or any means whatsoever without prior written permission from us. Any unauthorized use of
Site content violates our intellectual property interests and could result in criminal or civil
penalties.
No warranty for Third-Party Infringement. Neither our Affiliates nor we warrant or represent that
your use of materials displayed on, or obtained through, this Site will not infringe the rights of
third parties.
6. Content You Create
Your Intellectual Property Rights. Subject to our Privacy Policy, any communication or material
that you transmit to this Site or to us, whether by email or other means, for any reason, will be
treated as non-confidential and non-proprietary user content (“User Content”). While you retain
all rights to the User Content, you grant us (including our employees and Affiliates), a nonexclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, publish, translate,
adapt, modify, and otherwise use the User Content for any purpose whatsoever, regardless of the
form or medium in which it is used.
We respect the intellectual property rights of others, and we ask you to do the same. In instances
where we are notified of alleged infringing Company-or User Content through our Designated
Agent, a decision may be made to remove access or disable access to such materials, in compliance
with the safe harbor provisions of the Digital Millennium Copyright Act, 17 U.S.C. § 512(c). We
may also make a good faith attempt to contact the person who submitted the affected material so
that they may make a counter-notification.
If you believe that Company-or User Content provided on this Site has infringed you or someone
else’s copyright, you (or the owner or rights holder, collectively, “Rights Holder”) should send
notification to our Designated Agent (identified below) immediately. Prior to sending us notice,
the Rights Holder may wish to consult a lawyer to determine their rights and legal obligations
under the DMCA and any other applicable laws. Nothing here or anywhere on this Site is intended
as a substitute for qualified legal advice. To file a Notice of Infringing Material, we ask that the
Rights Holder provide the following information:
1. Reasonably sufficient details about the nature of the copyrighted work in question, or, in the
case of multiple alleged infringements, a representative list of such works. This should include,
title(s), author(s), any U.S. Copyright Registration number(s), URL(s) etc.;
2. Reasonably sufficient details to enable us to identify and locate the material that is allegedly
infringing the Rights Holders’ work(s) (for example, file name or URL of the page(s) that
contain(s) the material);
3. The Rights Holder’s contact information so that we can contact them (including for example,
the Rights Holder’s address, telephone number, and email address);
4. A statement that the Rights Holder has a good faith belief that the use of the material identified
above in 2 is not authorized by the copyright owner, its agent, or the law;
5. A statement, under penalty of perjury, that the information in the notification is accurate and
that the Rights Holder is authorized to act on behalf of the copyright owner; and
6. The Rights Holder’s electronic signature.
Notice may be sent to:
Contact Name: Freddie Smith
Address: P.O. Box 198713 Chicago, Il 60619
Phone:
Email: hello@mondaysarebeautiful.com
You also acknowledge and agree that upon receipt of a notice of a claim of copyright infringement,
we may temporarily or permanently remove the identified materials from our site without liability
to you or any other party and that the claims of the complaining party and the party that originally
posted the materials will be referred to the United States Copyright Office for adjudication as
provided in the Digital Millennium Copyright Act.
Confidential Information. As stated above, all communications sent by you to us will be treated as
non-confidential and non-proprietary (subject to our privacy policy). Please do not submit
confidential or proprietary information to us (including patentable ideas, new content suggestions
or business proposals) unless we have mutually agreed in writing otherwise. Ideas that we receive
unsolicited will be treated as property owned by the Company and will not be returned to you.
7. Email Services & Data Stored on Our Servers
Email Service. We may make email services available to users of our Site, either directly or through
a third-party provider. We will not inspect or disclose the contents of private email messages
except with the consent of the sender or the recipient, or in the narrowly-defined situations
provided under the Electronic Communications Privacy Act, 18 U.S.C. § 2510, et. seq. or as other
required by law or by court or governmental order. Further information is available in our Privacy
Policy.
Spam Prevention. We use automated tools or techniques to protect our users from mass unsolicited
mailings (also known as “spam”) and/or other types of malicious or harmful content. However,
such tools or techniques are not perfect, and we therefore are not responsible in cases where
legitimate communications are accidentally blocked, or unsolicited communications get through
to your Company supplied email account.
Storage Provided by Us. While If you opt to store personal data of any kind on our servers, you
understand and agree to abide by our general practices and limits concerning use of the Offerings
available on our Site, including without limitation the maximum number of days that uploaded
content will be retained, the maximum disk space that will be allotted, and the maximum number
of times you may access the services in a given period of time. You agree that we have no
responsibility or liability for the deletion or failure to store any content maintained or transmitted
on or through this Site. You acknowledge that we reserve the right to remove or terminate accounts
which have not paid a subscription fee (when applicable), that remain inactive for longer than 30
days, or in cases where you have violated one or more terms of this Agreement.
8. Privacy & Security
Login Required. In order to access some of the Offerings on this site, or to post User Content, you
may be asked to set up an account and password. Our account registration page requests certain
personal information from you (“Registration Info”). You will have the ability to maintain and
periodically update your Registration Info as you see fit. By registering, you agree that all
information provided by you as Registration Info is true and accurate and that you will maintain
and update this information as required in order to keep it current, complete and accurate.
Passwords & Security. If you register for an account on the Site, you agree that you are responsible
for maintaining the security and confidentiality of your password, and that you are fully
responsible for all activities or charges that are incurred under your account. Therefore, you must
take reasonable steps to ensure that others do not gain access to your password and account. Our
employees will never ask you for your password.
Disclosure to Third Party Affiliates. You hereby grant us the right to disclose to third parties certain
Registration Info about you. The information we obtain through your use of this site, including
your Registration Info, is subject to our Privacy Policy, which is specifically incorporated by
reference into these Terms of Use.
9. Disclaimer
ALL CONTENT AND OFFERINGS ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE
MAKE NO WARRANTY THAT (A) THE CONTENT OR OFFERINGS WILL MEET YOUR  REQUIREMENTS, (B) THE CONTENT, OFFERINGS OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR OFFERINGS OFFERED WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY CONTENT OR OFFERINGS PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT AND OFFERINGS AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR OFFERINGS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT OR PRODUCTS AVAILABLE AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT OR PRODUCTS.
THE USE OF THE OFFERINGS OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY PRODUCTS OR CONTENT THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
10. Limitation of Liability & Indemnification
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT
LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFIT LOSS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE REFERENCED OR
LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY PROMISES REGARDING OUR OFFERINGS OR CONTENT OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH THE THIRD PARTY THROUGH THIS SITE,
INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
You agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims,
and expenses, including attorneys’ fees that may arise from your use or misuse of this Site. We
reserve the right, at our own expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, in which event you will cooperate with us in asserting
any available defenses.
11. Termination of Use
Grounds for Termination. You agree that we may, at our sole discretion, terminate or suspend your
access to all or part of the Site with or without notice and for any reason, including, without
limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be
grounds for barring your access to this Site, and reporting you to the proper authorities, if
necessary.
No Right to Offerings Upon Termination. Upon termination and regardless of the reason(s)
motivating such termination, your right to use the Offerings available on this Site will immediately
cease. We shall not be liable to you or any third party for any claims for damages arising out of
any termination or suspension or any other actions taken by us in connection therewith.
12. Miscellaneous Provisions
International Use. Although this Site may be accessible worldwide, we make no representation
that materials on this Site are appropriate or available for use in locations outside the United States.
Those who choose to access this Site from other locations do so on their own initiative and at their
own risk. If you choose to access this Site from outside the United States, you are responsible for
compliance with local laws in your jurisdiction, including but not limited to, the taxation of
products purchased over the Internet. Any offer for any product, Service, and/or information made
in connection with this Site is void where prohibited.
Governing Law. This site (excluding any Third-Party sites) is controlled by us from our offices
within 1507 E. 53rd Street Chicago, Ill 60615), United States of America. It can be accessed from
all 50 states, as well as from other countries around the world. As each of these places has laws
that may differ from those of our office address, by accessing this site both of us agree that the
statutes and laws of the State of Illinois without regard to the conflicts of laws principles thereof
and the United Nations Convention on the International Sales of Goods, will apply to all matters
relating to the use of this site and the purchase of products and services available through this site.
Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of any court
of competent jurisdiction within the State of Illinois, with respect to such matters.
Notices. All notices to a party shall be in writing and shall be made either via email or conventional
mail. Notices to us must be sent to the attention of Freddie Smith at
hello@mondaysarebeautiful.com if by email, or to our address at P.O. Box 198713 Chicago, IL
60619, if by conventional mail. You agree to allow us to submit notices to you either through the
email address provided, or to the address we have on record.
No Resale Right. You agree not to sell, resell, reproduce, duplicate, distribute, copy or use for any
commercial purposes any portion of this Site, or use of or access to this Site or Offerings provided
through this Site, beyond the limited rights granted to you under Section 5 of these Terms.
Force Majeure. In addition to any excuse provided by applicable law, we shall be excused from
liability for non-delivery or delay in delivery of products and Offerings available through our Site
arising from any event beyond our reasonable control, whether or not foreseeable by either party,
including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to
secure transportation, governmental act or regulation, and other causes or events beyond our
reasonable control, whether or not similar to those which are enumerated above.
Savings Clause. If any part of these Terms is held invalid or unenforceable, that portion shall be
construed in a manner consistent with applicable law to reflect, as nearly as possible, the original
intentions of the parties, and the remaining portions shall remain in full force and effect.
No Waiver. Any failure by us to enforce or exercise any provision of these Terms or related rights
shall not constitute a waiver of that right or provision.
Entire Agreement. These terms and conditions constitute the entire agreement and understanding
between the parties concerning the subject matter hereof and supersedes all prior agreements and
understandings of the parties with respect thereto. These Terms may NOT be altered,
supplemented, or amended by the use of any other document(s). To the extent that anything in or
associated with this Site is in conflict or inconsistent with these Terms, these Terms shall take
precedence.

TERMS OF USE