Legal

We were told we had to have this

This is the page where we keep all the official details—privacy policies, cookie use, disclaimers, and everything else that keeps us on the up and up. It’s all here in plain English, because you shouldn’t need a lawyer to figure it out. Got questions? Let us know—we’re all about keeping things clear and straightforward.

Terms & Conditions

General

Welcome to Happy Pixel Designs

These Terms & Conditions (“Terms”) govern your use of our website, services, and products. By accessing or using our website (happypixeldesigns.com), you agree to comply with these Terms. If you do not agree to these Terms, please do not use our site or services.

You may use our website for lawful purposes only.

You agree not to:

  • Violate any applicable local, state, or federal laws.

  • Attempt to hack, exploit, or compromise the functionality of this website.

  • Use automated tools (e.g., bots or scrapers) to access or extract data without permission.

 

All content on this site, including text, graphics, logos, images, and designs, is the property of Happy Pixel Designs LLC unless otherwise noted. Unauthorized use or reproduction is strictly prohibited.

 

All services are subject to specific agreements outlined in contracts or Statements of Work (SOW), which clients must sign before work begins. Billing terms, including whether services are fixed-price, hourly, or on retainer, will be clearly defined in these agreements.

Payment must be made upfront unless otherwise specified. All payments are non-refundable once work has commenced, regardless of project completion. Any revisions or additional work outside the agreed scope may require a new agreement or additional fees.

  • Payments for services must be made in advance or as per the schedule outlined in the signed contract or SOW.

  • Deposits and payments are non-refundable under any circumstances, except as explicitly agreed upon in writing.

  • Failure to pay on time may result in suspension of services, and Happy Pixel Designs reserves the right to recover any outstanding amounts through lawful means.

Happy Pixel Designs is not liable for:

  1. Website downtime, performance issues, or security breaches caused by third-party hosting providers, tools, or integrations.

  2. Issues arising from third-party platforms or applications utilized during project development.

  3. Data loss, errors, or breaches due to actions taken by the client (e.g., failure to secure credentials or comply with technical recommendations).

Clients acknowledge that third-party platforms or services may have their own terms and conditions, which clients agree to by using those services

Happy Pixel Designs may use or recommend third-party tools, applications, or hosting providers to deliver services. While we aim to select reputable providers, we do not control or guarantee their performance, security, or availability. Your use of these services is subject to their independent terms and conditions, and Happy Pixel Designs is not liable for issues resulting from their use.

Happy Pixel Designs shall not be liable for any delay or failure to perform due to events beyond our reasonable control, including but not limited to acts of God, government restrictions, natural disasters, power outages, or technical failures.

You agree to indemnify and hold harmless Happy Pixel Designs, its officers, employees, and affiliates from and against any claims, damages, losses, or expenses, including legal fees, arising out of your use of our services or any violation of these Terms.

Clients must provide accurate and complete information, materials, and approvals as required to complete the agreed services. Happy Pixel Designs is not responsible for delays or failures caused by the client’s failure to meet these obligations.

Our website and services are provided “as-is” and “as available.” While we strive to deliver high-quality services, Happy Pixel Designs makes no warranties, express or implied, regarding the reliability, accuracy, or suitability of our website or services for any specific purpose. Performance depends on multiple factors beyond our control.

If any provision of these Terms is found to be unlawful, void, or unenforceable, the remaining provisions shall continue in full force and effect.

These Terms constitute the entire agreement between you and Happy Pixel Designs concerning your use of this website. Separate contracts govern the terms of individual services and projects.

These Terms are governed by and construed in accordance with the laws of the United States. Any disputes arising under these Terms shall be subject to resolution in accordance with Section 14 below.

Any disputes or claims arising from these Terms or your use of our services will be resolved through binding arbitration conducted in accordance with the rules of the American Arbitration Association (AAA). Arbitration will occur in the United States unless otherwise agreed in writing. Each party will bear its own costs for arbitration unless otherwise awarded by the arbitrator.

You are solely responsible for any content you submit to the website. By submitting content, you grant Happy Pixel Designs a non-exclusive, royalty-free, perpetual license to use, modify, and distribute your content. We reserve the right to remove content we deem inappropriate.

Our website is not intended for children under 13. We do not knowingly collect personal information from children under 13. If we become aware of such data, it will be deleted.

Your use of our website is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information.

Happy Pixel Designs reserves the right to update or modify these Terms at any time. Changes will be effective immediately upon posting. It is your responsibility to review these Terms periodically. Notice of updates may also be provided via email or prominently on our website.

If you have any questions or concerns about these Terms, please contact us at:

Happy Pixel Designs LLC
[email protected]
Phone: +(216) 270-5505

Disclaimer updated 12/7/24

General

The information provided by Happy Pixel Designs LLC (“we,” “us,” or “our”) on this website is for general informational and educational purposes only. Our site and its content describe our services, including website creation, hosting, design consulting, and brand strategy. All services are provided exclusively to users within the United States.

Happy Pixel Designs LLC provides professional design and brand strategy advice through consultations intended to support clients’ business goals. However, we make no guarantees, representations, or warranties regarding the specific outcomes or effectiveness of any advice, recommendations, or strategies provided. All design-related advice is offered as general guidance, and clients retain responsibility for determining the applicability and implementation of any design or brand strategies discussed.

While we strive to provide high-quality services and make reasonable efforts to ensure our products meet applicable standards, including the Americans with Disabilities Act (ADA) and Web Content Accessibility Guidelines (WCAG), Happy Pixel Designs LLC makes no guarantees, express or implied, regarding specific results or compliance with legal standards. Any reliance on our services, advice, content, or recommendations is at the user’s discretion and risk.

To the fullest extent permitted by law, Happy Pixel Designs LLC disclaims any liability for damages, losses, or issues arising from the use of our services, including but not limited to design consultation, brand strategy, website development, hosting, and branding assets. The client bears full responsibility for the implementation, compliance, and legal management of assets or websites developed by or with Happy Pixel Designs LLC. We do not provide legal or regulatory representation, nor do we assume liability for any claims or disputes arising from the use of our products or services.

Unless otherwise specified, all content on this website, including design elements, logos, text, graphics, and images, is the property of Happy Pixel Designs LLC or our content providers and is protected by copyright, trademark, and other intellectual property laws. Users may not reproduce, distribute, or use any content on this site without our express written permission.

Our website may contain links to external websites or third-party resources for user convenience. These links do not imply endorsement or approval of third-party content by Happy Pixel Designs LLC. We do not assume responsibility for the accuracy, reliability, or quality of information on external sites, and we recommend that users review the terms and policies of third-party sites before engaging with them.

This disclaimer, and any disputes arising from the use of this website or our services, shall be governed by and construed in accordance with the laws of the United States. By using our website, users agree that any legal action related to this disclaimer or our services shall be filed exclusively within the jurisdiction of U.S. courts.

Privacy Policy

General

Welcome to Happy Pixel Designs LLC (“we,” “our,” or “us”). Your privacy is important to us, and this Privacy Policy governs how we collect, use, and safeguard your personal information when you visit our website (“Site”) or use our services. By using our Site, you agree to the practices outlined in this policy.

Personally Identifiable Information (PII)

We may collect information that identifies or can be used to identify you, including but not limited to:

  • Name

  • Address

  • Phone number

  • Email address

  • Payment details (e.g., credit card information)

This information is collected when you voluntarily provide it, such as during registration or while transacting on the Site.

Non-Personally Identifiable Information

We may also collect non-PII, such as:

  • Browser type and version

  • IP address

  • Pages visited and time spent on the Site

  • Referring websites

We use the information collected for purposes such as:

  • Providing and improving our services

  • Customizing user experiences

  • Processing transactions and communicating with you

  • Conducting research and analysis

  • Responding to inquiries or support requests

  • Complying with legal obligations

Use of Cookies
Cookies are small files stored on your device to enhance your browsing experience. We use cookies to:

  • Personalize user experiences
  • Track preferences and site usage
  • Provide secure login sessions
  • Improve website performance
  • You can manage cookies through your browser settings. However, disabling cookies may limit certain functionalities of the Site.

Third-Party Cookies
We partner with third-party services, such as Google Analytics and Hotjar, to track and analyze user behavior. For more details, please refer to the Hotjar Privacy Statement along with Google’s.

Hotjar

We use Hotjar in order to better understand our users’ needs and to optimize this service and experience. Hotjar is a technology service that helps us better understand our users’ experience (e.g. how much time they spend on which pages, which links they choose to click, what users do and don’t like, etc.) and this enables us to build and maintain our service with user feedback. Hotjar uses cookies and other technologies to collect data on our users’ behavior and their devices. This includes a device’s IP address (processed during your session and stored in a de-identified form), device screen size, device type (unique device identifiers), browser information, geographic location (country only), and the preferred language used to display our website. Hotjar stores this information on our behalf in a pseudonymized user profile. Hotjar is contractually forbidden to sell any of the data collected on our behalf.

For further details, please see the ‘about Hotjar’ section of Hotjar’s support site.

Our service providers (e.g., payment processors, analytics platforms) may collect and process your information independently. While we strive to partner with reputable providers, we are not responsible for their privacy practices.

We implement security measures, including:

  • Encryption of sensitive data

  • Access restrictions to PII

  • Regular security audits

While we take reasonable precautions, no method of electronic transmission or storage is entirely secure, and we cannot guarantee absolute security.

Under applicable data protection laws, you may have the following rights:

Access: Request a copy of the information we hold about you.

Rectification: Correct inaccuracies in your data.

Erasure: Request deletion of your data (subject to legal and business needs).

Restriction: Limit how your data is processed.

Portability: Receive your data in a structured, machine-readable format.

Objection: Opt out of certain processing activities.

Withdraw Consent: Revoke previously given consent at any time.

To exercise your rights, contact us at [email protected].

Our Site and services are not intended for individuals under 18 years of age. We do not knowingly collect personal information from children. If you believe we have received information from a child, please contact us immediately, and we will take steps to delete it.

We may update or change the third-party tools and services we use without prior notice. Updated information about these tools will be provided in our Privacy Policy as necessary. Please refer to this policy regularly to remain informed of any changes.

We do not discriminate against users who exercise their rights under data protection laws. Regardless of your choices or rights exercised, we will continue to provide equal access to our website and services.

GDPR Compliance
For users in the European Union, we process personal data in accordance with the General Data Protection Regulation (GDPR). Our legal bases for processing include:

Consent: When you have given explicit permission.

Contract: To fulfill our obligations under a contract.

Legal Obligation: To comply with applicable laws.

Legitimate Interest: To improve our services and communicate effectively.

We implement safeguards for cross-border data transfers, including Standard Contractual Clauses where required.

CCPA Compliance
For California residents, you have additional rights under the California Consumer Privacy Act (CCPA):

Right to Know: Request the categories and specific pieces of personal data we have collected.

Right to Delete: Request the deletion of your personal data.

Right to Opt Out: Opt out of the sale of your personal data (we do not sell data).

Right to Non-Discrimination: Receive equal service and pricing, regardless of your choices.

To exercise these rights, please contact us at contact@happypixeldesigns

Legal Compliance
We may disclose your information when required to:

Comply with legal obligations (e.g., subpoenas, court orders)

Protect the safety of our users or the public

Defend against legal claims

Business Transfers
In the event of a merger, sale, or acquisition, your information may be transferred to the new business entity.

We retain your data only as long as necessary for business purposes or to comply with legal obligations. When no longer needed, your data will be securely deleted.

If you request deletion, residual data may remain in backups or archives, but it will not be actively used.

We may update this Privacy Policy periodically. Changes will be posted on this page with the “Last Updated” date. Material changes will be communicated via email or website notifications.

Our Site may contain links to external websites. We are not responsible for the privacy practices or content of these third-party sites. We encourage you to review their privacy policies.

If you have any questions or concerns about this Privacy Policy, please contact us at:

Happy Pixel Designs LLC
Email: [email protected]
Phone: +(216) 270-5505

 

Accessibility Disclaimer and Limited Liability

Accessibility Disclaimer and Limited Liability

Happy Pixels Designs LLC is committed to making our website accessible to all individuals, including those with disabilities. We strive to follow recognized accessibility standards, including the Web Content Accessibility Guidelines (WCAG) 2.1, to ensure a user-friendly experience.

While we make ongoing efforts to enhance accessibility, not all pages and content on our site happypixeldesigns.com  may meet every aspect of these standards at all times. Some content may not be fully accessible due to technical limitations or third-party resources over which we have no control.

To support accessibility, we provide tools and resources, including Equalweb. These tools are intended to improve accessibility but may not address all accessibility needs or concerns. Happy Pixel Designs LLC and Happypixeldesigns.com makes no guarantee that these tools resolve every potential accessibility issue.

We recognize that achieving full accessibility is a continuous process. As such, we are dedicated to reviewing and improving accessibility measures regularly and will address specific concerns to the extent feasible. 

Happy Pixel Designs LLC is dedicated to providing an inclusive digital experience for all users. We strive to design, develop, and deliver websites and content that are accessible to everyone, including individuals with disabilities. Our objective is to align with relevant accessibility standards and guidelines, specifically the Web Content Accessibility Guidelines (WCAG) and the Americans with Disabilities Act (ADA), to the fullest extent possible within our capabilities.

If you encounter difficulties accessing our site or would like to provide feedback regarding accessibility, please contact us at [email protected]. We will review your feedback and make reasonable efforts to improve accessibility wherever possible.

Our team applies best practices and takes proactive steps to ensure that our content and websites meet the highest accessibility standards within the United States. This includes making thoughtful design choices and optimizing functionality to enhance usability and accessibility for all users, regardless of ability.

While we aim to achieve comprehensive accessibility, Happy Pixel Designs LLC cannot guarantee that all content or websites will meet every accessibility requirement for every user or device. Accessibility needs, device capabilities, and standards continuously evolve, and as such, complete compliance or the elimination of all accessibility challenges cannot be assured. We disclaim liability for any issues or damages arising from accessibility limitations in our services. To the maximum extent permitted by applicable law, Happy Pixel Designs LLC disclaims any liability for damages, losses, or expenses arising from or related to any accessibility issues on our website. This limitation applies except where such exclusions are restricted by law.

We are committed to continually improving our accessibility practices. This involves regular review and updates to our design, coding, and testing protocols. However, given the complexities of digital accessibility and rapid technological advancements, we cannot guarantee flawless implementation of all standards and guidelines.

We welcome feedback from users regarding the accessibility of our websites and services. If you encounter any accessibility barriers or have suggestions for improvement, please reach out to us at [email protected]. Your feedback is invaluable, and we will make every reasonable effort to address accessibility concerns promptly.

This Accessibility Statement is governed by the laws and regulations of the United States of America.

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Imprint

Imprint Information

Business Name: Happy Pixel Designs LLC

Phone: + (216) 270-5505
Email: [email protected]   

All content © Happy Pixel Designs LLC. All rights reserved.

For additional inquiries, please contact us directly at the information provided.