Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Pixels Graphic Design. The collective work includes works that are licensed to Pixels Graphic Design. Copyright 2019, Pixels Graphic Design ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Pixels Graphic Design or purchasing Pixels Graphic Design products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Pixels Graphic Design or to purchase Pixels Graphic Design products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Pixels Graphic Design. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of Pixels Graphic Design used in the site are trademarks or registered trademarks of Pixels Graphic Design
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Pixels Graphic Design disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Pixels Graphic Design does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Pixels Graphic Design does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Pixels Graphic Design shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Pixels Graphic Design has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a Pixels Graphic Design product is mistakenly listed at an incorrect price, Pixels Graphic Design reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Pixels Graphic Design reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Pixels Graphic Design shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Pixels Graphic Design without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Pixels Graphic Design may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Pixels Graphic Design.
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Pixels Graphic Design products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Pixels Graphic Design products) must be commenced within one (1) year after the claim or cause of action arises. Pixels Graphic Design's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Pixels Graphic Design may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Pixels Graphic Design or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Pixels Graphic Design does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Pixels Graphic Design is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Pixels Graphic Design reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Pixels Graphic Design in its sole discretion.
You agree to indemnify, defend, and hold harmless Pixels Graphic Design, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, Pixels Graphic Design may link to sites operated by third parties. However, even if the third party is affiliated with Pixels Graphic Design, Pixels Graphic Design has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Pixels Graphic Design. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Pixels Graphic Design seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
This policy will let you know:
* What information is collected from you;
* How your information is used;
* With whom your information may be shared;
* How you can access, update, or delete your information.
We adhere to the principles enshrined in the US Privacy Act (1974) ("US Act") and the principles contained in the Children's Online Privacy Protection Act ("COPPA").
We will comply with all relevant legislative requirements, and, in the event of any inconsistency, the legislative requirements will override the provisions of this document.
We strictly adhere to United States and California privacy laws. Our games and our website are not aimed at children under 13 years of age. If you believe that We have inadvertently collected information from a person under the age of 13, please contact us at the email address below and the information will be permanently deleted.
What is Personal Information and why do we collect it from you?
'Personal Information' is information or an opinion that identifies you as an individual. We collect and store your email when you sign up for our newsletter, or where you nominate to specifically allow our games to collect your email.
If you contact us directly for any reason, we may also keep a copy of that correspondence. Your email is collected only to keep you informed of new Hipster Whale products and changes to our existing products.
When you elect to join our mailing list for the purpose of receiving our newsletter we may use that "personal information" to provide you with direct marketing communications about upcoming games, features of our websites and other events and promotions related to our products. You may unsubscribe from our newsletter at any time. All you need to do is unsubscribe from the link in the letter, or let us know in writing that you want to be removed.
Sensitive information is defined in the US Act to include information or opinion about such things as an individual's racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a professional body, criminal records or health information.
We will not attempt to obtain nor record any sensitive information.
Disclosure of Personal Information
We will not sell, trade, rent or disclose any of the personal information you provide to us for any reason, without your prior consent. Otherwise, your Personal Information will only be disclosed where required or allowable by law.
Security of Personal Information
Your Personal Information is stored offsite in a manner that reasonably protects it from misuse, loss, unauthorized access, modification or disclosure.
We don't guarantee website links or policy of authorized third parties and you access those sites at your own risk.
Access to your Personal Information
Under the Act, and under the US Act you have the right to access the Personal Information We hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, please make out your request to us in writing at the address listed below. Hipster Whale will not charge any fee for your access request, but may charge an administrative fee. Please be aware that in order to protect the Personal Information in our database, we will require identification from you before releasing any information.
Third Party Advertising
Advertisements from third party ad networks may be displayed in our Games from time to time. All reasonable endeavors are used to ensure that these ad networks comply with the Act, the US Act, and COPPA in the provision of their services towards us.
The list of our ad networks privacy policies may be found here:
Unity Ads: https://unity3d.com/legal/privacy-policy
Ad Colony: http://privacy.adcolony.com/
Facebook Audience Network: https://www.facebook.com/ads/manage/audience_network/publisher_tos/
Collection of other 'Non-Personal' Information
Some non-personal information may be gathered while you use Our games. Non personal information is general, non-identifiable and anonymous information that is gathered for statistical, analytical and research purposes such as the improvement of our games (for example, bug fixes).
Google Analytics: http://www.google.com.au/analytics/learn/privacy.html
Our third party partners, and their privacy policies are as follows: