TERMS AND CONDITIONS OF USE
Last Updated on 08/29/2026.
These are the official Terms and Conditions of Use (“Terms”) for The Happy Kind, LLC and Jessica Higgins Chapman, doing business as The Happy Kind, herein known and referenced as “The Happy Kind," "Company,” “Our,” “We,” and “Us.” Our email is hello@thehappykind.com. These Terms govern your access to and use of websites, webpages, digital platforms, content, services, programs, products, forms, and other online experiences operated by Company, including thehappykind.com and any related websites, subdomains, socials pages, landing pages, or digital properties that link to these Terms (collectively, the “Site”).
Please read these Terms carefully. By accessing or using the Site, purchasing or accessing our products or services, registering for a program, subscribing to communications, or affirmatively agreeing to these Terms where presented, you acknowledge that you have read, understood, and agree to be bound by them.
If you do not agree to these Terms, please do not use the Site.
IF YOU RESIDE IN THE U.S., THESE TERMS REQUIRE YOU TO ARBITRATE ANY DISPUTES YOU HAVE WITH US AND YOU WAIVE THE ABILITY TO BRING CLAIMS AGAINST US IN COURT, TO HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY, TO BRING ANY CLAIMS AGAINST US IN A CLASS ACTION FORMAT AND A CHOICE OF CALIFORNIA LAW (EXCEPT TO THE EXTENT OTHERWISE EXPRESSLY SET FORTH HEREIN).
1. ABOUT THE HAPPY KIND
We are an independent media and entertainment company engaged in the development, creation, production, and promotion of film, television, digital, audio, and other creative projects, as well as educational initiatives, resources, events, workshops, consulting, and other offerings for creatives and entertainment professionals.
Information presented through the Site is provided for general informational, promotional, entertainment, and educational purposes unless expressly stated otherwise.
Nothing on the Site constitutes a promise of employment, representation, financing, production, distribution, acquisition, collaboration, publication, investment, or any other business relationship.
2. ELIGIBILITY
You must be at least 13 years old to use the general portions of the Site. If you are under 18, you may use the Service only with the involvement of a parent or guardian.
Certain services, transactions, submission opportunities, programs, or other features may be available only to individuals who are at least 18 years old or the age of legal majority in their jurisdiction.
If a particular opportunity establishes additional eligibility requirements, those requirements will control.
The Site is not directed to children under 13, and we do not knowingly solicit personal information from children under 13.
3. INTELLECTUAL PROPERTY
Unless otherwise indicated, the Site and all materials appearing on or made available through it are owned by, licensed to, or used with permission by Company.
This includes, without limitation:
* company names, logos, trademarks, and branding;
* film, television, digital, podcast, and other project titles and materials;
* artwork, graphics, photography, video, audio, and visual designs;
* pitch materials, descriptions, copy, treatments, concepts, and promotional materials;
* articles, newsletters, guides, worksheets, templates, courses, presentations, and educational resources;
* website design, layout, interfaces, text, and other content; and
* all other copyrightable or proprietary materials made available through the Site.
These materials are protected by applicable copyright, trademark, and other intellectual property laws.
Except as expressly permitted by us in writing, you may not copy, reproduce, modify, republish, distribute, sell, license, publicly display, claim ownership, create derivative works from, commercially exploit, scrape, download, or otherwise use Company content for commercial purposes.
4. THE HAPPY KIND PROJECTS AND DEVELOPMENT MATERIALS
The Site may contain information about projects that Company has created, developed, acquired, produced, is considering, or is currently developing.
Project descriptions and materials may include concepts, premises, characters, themes, story elements, titles, loglines, artwork, designs, business strategies, development plans, and other proprietary material.
Displaying information about a project does not grant visitors any ownership, license, option, participation right, or other interest in that project or its underlying intellectual property.
Development information is subject to change, and projects described on the Site may be modified, postponed, abandoned, sold, licensed, produced, or otherwise handled at Company’s discretion.
5. UNSOLICITED CREATIVE MATERIALS
Company does not accept unsolicited scripts, screenplays, treatments, pitch decks, concepts, manuscripts, story ideas, television formats, film ideas, or other creative material except through a submission opportunity that we have expressly opened and designated for that purpose.
Please do not send unsolicited creative materials to our general email addresses, employees, contractors, representatives, social media accounts, or other communication channels.
Materials sent outside an authorized submission process may be deleted, disregarded, or returned unread at our discretion.
Sending unsolicited material does not create a confidential, fiduciary, contractual, implied-in-fact, or other relationship between you and Company.
6. AUTHORIZED CREATIVE SUBMISSIONS
From time to time, Company may invite writers, creators, filmmakers, producers, or other creative professionals to submit material through a specifically designated submission opportunity.
Those opportunities may have their own eligibility requirements, submission guidelines, deadlines, releases, rules, agreements, or other terms (“Submission Terms”).
These general Terms do not replace any Submission Release or Submission Terms associated with a particular opportunity.
When a Submission Release or other specific agreement is presented as part of a submission process, that agreement will govern the submission and our consideration of the submitted material.
You are responsible for reviewing and accepting all applicable Submission Terms before submitting material.
Submitting creative material does not guarantee:
* that the material will be reviewed;
* that you will receive feedback;
* that you will be contacted;
* that the material will be selected;
* that Company will acquire or option the material;
* that a project will be produced;
* that financing or distribution will be obtained; or
* that any professional relationship will result.
Any acquisition, option, license, production, writing, producing, employment, or other professional arrangement resulting from a submission will be subject to a separate written agreement where applicable.
7. SIMILAR OR INDEPENDENTLY DEVELOPED MATERIAL
The entertainment industry frequently produces works containing similar themes, premises, characters, settings, formats, plot devices, titles, subject matter, or other elements.
Company and people with whom we work may already be developing, considering, receiving, or producing material that is similar or identical in certain respects to material created or submitted by others.
Nothing about your use of the Site prevents Company from developing, acquiring, producing, or exploiting independently created material or material obtained from other sources, subject to any separate written agreement we have entered into with you.
Authorized creative submissions remain subject to the applicable Submission Release and Submission Terms.
8. EDUCATIONAL CONTENT AND CREATIVE RESOURCES
Company may provide educational materials, workshops, newsletters, courses, templates, worksheets, coaching, consulting, events, creative tools, or other resources.
These materials are intended for informational and educational purposes only.
They do not constitute legal, financial, tax, investment, medical, psychological, employment, agency, managerial, or other regulated professional advice.
Any examples, strategies, recommendations, templates, industry information, or creative-development guidance are provided as general resources and may not be appropriate for every individual or situation.
You remain responsible for your own creative, professional, financial, and business decisions.
9. NO GUARANTEE OF RESULTS
Company does not guarantee any particular outcome from using the Site, our services, educational materials, programs, consulting, resources, or recommendations.
Among other things, we cannot guarantee that use of our materials or services will result in:
* representation;
* employment;
* a sale or option;
* financing;
* production;
* distribution;
* publication;
* audience growth;
* business revenue;
* career advancement;
* creative success; or
* any particular commercial result.
Testimonials, examples, case studies, or descriptions of experiences are illustrative only and are not guarantees that another person will achieve the same or similar results.
10. PURCHASES AND PAID OFFERINGS
Certain products, services, workshops, events, downloads, consulting services, educational programs, or other offerings may require payment.
Prices, availability, features, and descriptions are subject to change.
Additional terms presented at the time of purchase, registration, or booking may apply and will become part of your agreement with us.
You agree to provide accurate and complete billing and payment information when making a purchase.
Payments may be processed through third-party payment processors. We are not responsible for the independent acts, omissions, security practices, or terms of those third-party providers.
11. CANCELLATIONS AND REFUNDS
Refund, cancellation, rescheduling, and transfer policies may vary depending on the particular product, event, service, workshop, consulting engagement, or program.
Any specific refund or cancellation policy presented at the time of purchase will control.
Unless otherwise expressly stated, digital products that have been delivered or made available for immediate access are non-refundable to the extent permitted by applicable law.
12. ACCOUNTS AND INFORMATION YOU PROVIDE
Certain features may require you to provide information, register, subscribe, complete a form, or create an account.
You agree to provide accurate, current, and complete information and to update information where reasonably necessary.
You are responsible for maintaining the confidentiality of account credentials associated with any account you create and for activity conducted through your account.
You may not impersonate another person, provide fraudulent information, or use another person's information without authorization.
13. EMAILS AND COMMUNICATIONS
When you subscribe to our newsletter, mailing list, updates, or other marketing communications, you may receive emails regarding Company's projects, programs, resources, opportunities, products, events, and other company news.
You may unsubscribe from marketing emails using the unsubscribe mechanism included in those communications.
Certain transactional, administrative, legal, or service-related communications may still be sent where appropriate even if you opt out of marketing communications.
14. USER CONTENT
If the Site allows you to post comments, responses, testimonials, photographs, reviews, messages, or other content that is not governed by a separate creative Submission Release (“User Content”), you retain ownership of your User Content.
By intentionally posting or providing User Content for publication through our public-facing platforms, you grant Company a non-exclusive, worldwide, royalty-free license to host, reproduce, display, distribute, and otherwise use that content as reasonably necessary to operate, promote, and provide the applicable feature or service.
This provision does not govern screenplays, treatments, pitches, or other creative materials submitted through an authorized creative submission program. Those materials are governed by the applicable Submission Release and Submission Terms.
You represent that you have all necessary rights to provide any User Content you submit.
15. PROHIBITED CONDUCT
You agree not to:
* use the Site for unlawful, fraudulent, abusive, or deceptive purposes;
* interfere with the operation or security of the Site;
* attempt to gain unauthorized access to accounts, databases, systems, or restricted areas;
* distribute malware, viruses, malicious code, or other harmful technology;
* scrape, crawl, harvest, or systematically extract Site content without authorization;
* reproduce or commercially exploit Company intellectual property without authorization;
* impersonate Company or another person or organization;
* falsely suggest an affiliation, endorsement, partnership, or professional relationship with Company;
* submit material that infringes another person's copyright, trademark, privacy, publicity, contractual, or other rights;
* use the Site to harass, threaten, defame, or harm another person;
* circumvent technological measures used to protect Site content; or
* use the Site in a manner that materially interferes with another person's use of it.
We reserve the right to restrict or terminate access to the Site for conduct that violates these Terms.
16. THIRD-PARTY WEBSITES AND SERVICES
The Site may contain links to third-party websites, social media services, platforms, software, payment processors, video services, newsletters, publications, professional organizations, or other third-party resources.
A link does not necessarily mean that Company endorses, controls, or is affiliated with the third party.
Third-party websites and services operate under their own terms and privacy practices. We are not responsible for their content, availability, security, accuracy, policies, or practices.
Your interactions with third parties are between you and the applicable third party.
17. SOCIAL MEDIA
Company may operate accounts or pages on third-party social media platforms.
Your use of those platforms is also subject to the applicable platform's own terms and policies.
Comments, opinions, or statements posted by members of the public on our social media pages do not necessarily represent the views of Company.
We may moderate, restrict, remove, or report content on Company-controlled social media pages where permitted by the applicable platform.
18. MEDIA, PRESS, AND PUBLICITY MATERIALS
The Site may contain press releases, photographs, company descriptions, biographies, project information, logos, or other media materials.
Unless an item is expressly identified as available for press or media use, its presence on the Site does not constitute permission to reproduce or republish it.
Members of the press seeking materials or permissions should contact Company.
19. COPYRIGHT CONCERNS
Company respects intellectual property rights.
If you believe material appearing on the Site infringes a copyright you own or control, please contact us with sufficient information to identify:
1. the copyrighted work you believe has been infringed;
2. the material you believe is infringing and its location;
3. your contact information;
4. the basis for your claim; and
5. any other information reasonably necessary for us to evaluate the notice.
Notices may be sent to:
The Happy Kind, LLC
Email: support@thehappykind.com
We reserve the right to remove or restrict access to allegedly infringing material where appropriate.
20. PRIVACY
Your use of the Site is also subject to our Privacy Policy, which describes how we collect, use, disclose, and otherwise process personal information.
The Privacy Policy is incorporated into these Terms by reference to the extent permitted by law.
21. SITE AVAILABILITY AND CHANGES
We may modify, suspend, discontinue, remove, restrict, or change any portion of the Site or its features at any time, including updating the Terms.
When we do, we will post the revised Terms here and update the “Last modified” date above. It is your responsibility to review these Terms regularly. Your continued use of the Service following the posting of revised Terms constitutes your acceptance of the revised Terms.
We do not guarantee that the Site will always be available, uninterrupted, secure, or error-free.
Information on the Site may contain typographical, technical, factual, or other errors, and we reserve the right to correct or update information without notice.
22. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE AND ALL CONTENT, INFORMATION, MATERIALS, PRODUCTS, AND SERVICES MADE AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, TO THE EXTENT SUCH WARRANTIES MAY LEGALLY BE DISCLAIMED.
WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
23. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE HAPPY KIND, LLC AND ITS OWNERS, MANAGERS, MEMBERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AFFILIATES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SITE.
THIS INCLUDES, WITHOUT LIMITATION, LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITIES, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES.
24. INDEMNIFICATION
To the extent permitted by law, you agree to indemnify and hold harmless The Happy Kind, and its owners, managers, members, employees, contractors, representatives, affiliates, and agents from claims, liabilities, damages, judgments, losses, costs, and expenses, including reasonable attorneys' fees, arising from or relating to:
* your unlawful use of the Site;
* your material violation of these Terms;
* content you knowingly provide through the Site; or
* your infringement or violation of another person's intellectual property or other legal rights.
25. TERMINATION
We may suspend or terminate access to some or all of the Site when reasonably necessary to protect the Company, our users, our systems, or third parties; to comply with law; or in response to a material violation of these Terms.
Provisions that by their nature should survive termination will survive, including intellectual property provisions, disclaimers, limitations of liability, and governing-law provisions.
26. GOVERNING LAW
These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles.
Subject to any rights that cannot legally be waived, disputes arising from these Terms or your use of the Site will be brought in the appropriate state or federal courts located in Los Angeles County, California, and the parties consent to jurisdiction and venue in those courts.
27. CHANGES TO THESE TERMS
We may revise these Terms periodically to reflect changes to our Site, offerings, practices, or applicable law.
When we make changes, we will update the “Effective Date” at the beginning of these Terms.
For material changes, we may provide additional notice where required or appropriate.
Your continued use of the Site following the effective date of updated Terms constitutes acceptance of those updated Terms to the extent permitted by law.
28. SEVERABILITY
If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, that provision will be interpreted or modified to the minimum extent necessary to make it enforceable where possible.
The remaining provisions will remain in effect.
29. NO WAIVER
Our failure to enforce a provision of these Terms does not waive our right to enforce that provision or any other provision later.
30. FORCE MAJEURE
We shall not be held liable or responsible for any failure or delay in performance resulting from any cause beyond our reasonable control.
31. ENTIRE AGREEMENT
These Terms, together with our Privacy Policy and any additional terms or agreements applicable to a particular product, service, program, purchase, or submission opportunity, constitute the applicable agreement between you and Company regarding your use of the Site.
If there is a conflict between these Terms and a separate written agreement specifically governing a particular service, transaction, or creative submission, the more specific agreement will control with respect to that subject matter.
32. CONTACT US
Questions regarding these Terms may be directed to:
The Happy Kind, LLC
145 S Glenoaks Blvd #3287
Burbank, California 91502
support@thehappykind.com
© 2026 The Happy Kind, LLC. All rights reserved.
All rights not expressly granted in these Terms and Conditions of Use and Privacy Policy or any express written here, are reserved by Company.
PRIVACY POLICY
Last Updated on 08/29/2026.
This Privacy Policy describes what personal information The Happy Kind, LLC and Jessica Higgins Chapman, doing business as The Happy Kind, (“we,” “us,” and “our”) collects, uses, shares, retains, or otherwise processes in connection with The Happy Kind’s websites and social media accounts, including https://thehappykind.com, https://thehappykind.shop, https://thehappykind.substack.com, https://tools.thehappykind.com, https://submissions.thehappykind.com, https://originate-now.captivate.fm, https://instagram.com/thehappykind, and https://instagram.com/thehappykindofficial (the “Sites” and “Services”).
If you have any questions about our Privacy Policy, please contact us using the information provided at the bottom of this Privacy Policy.
PURPOSE
The purpose of this privacy policy (this "Privacy Policy") is to inform users of our Site of the following:
1. The personal data we will collect;
2. Use of collected data;
3. Who has access to the data collected; and
4. The rights of Site users.
This Privacy Policy applies in addition to the terms and conditions of our Site.
GDPR
For users in the European Union, we adhere to the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, known as the General Data Protection Regulation (the "GDPR"). For users in the United Kingdom, we adhere to the GDPR as enshrined in the Data Protection Act 2018.
We have not appointed a Data Protection Officer as we do not fall within the categories of controllers and processors required to appoint a Data Protection Officer under Article 37 of the GDPR.
CONSENT
By using our Site users agree that they consent to:
The conditions set out in this Privacy Policy.
When the legal basis for us processing your personal data is that you have provided your consent to that processing, you may withdraw your consent at any time. If you withdraw your consent, it will not make processing which we completed before you withdrew your consent unlawful.
You can withdraw your consent by: Https://thehappykind.com/support.
LEGAL BASIS FOR PROCESSING
We collect and process personal data about users in the EU only when we have a legal basis for doing so under Article 6 of the GDPR.
We rely on the following legal basis to collect and process the personal data of users in the EU:
1. Users have provided their consent to the processing of their data for one or more specific purposes.
PERSONAL DATA WE COLLECT
We only collect data that helps us achieve the purpose set out in this Privacy Policy. We will not collect any additional data beyond the data listed below without notifying you first.
DATA COLLECTED IN A NON-AUTOMATIC WAY
We may also collect the following data when you perform certain functions on our Site:
1. First and last name;
2. Email address; and
3. Payment information.
This data may be collected using the following methods:
1. Creating an account;
2. Joining mailing list; and
3. Buying products.
HOW WE USE PERSONAL DATA
Data collected on our Site will only be used for the purposes specified in this Privacy Policy or indicated on the relevant pages of our Site. We will not use your data beyond what we disclose in this Privacy Policy.
The data we collect when the user performs certain functions may be used for the following purposes:
1. Communication.
WHO WE SHARE PERSONAL DATA WITH
EMPLOYEES
We may disclose user data to any member of our organization who reasonably needs access to user data to achieve the purposes set out in this Privacy Policy.
OTHER DISCLOSURES
We will not sell or share your data with other third parties, except in the following cases:
1. If the law requires it;
2. If it is required for any legal proceeding;
3. To prove or protect our legal rights; and
4. To buyers or potential buyers of this company in the event that we seek to sell the company.
If you follow hyperlinks from our Site to another Site, please note that we are not responsible for and have no control over their privacy policies and practices.
HOW LONG WE STORE PERSONAL DATA
User data will be stored until the purpose the data was collected for has been achieved.
You will be notified if your data is kept for longer than this period.
HOW WE PROTECT YOUR PERSONAL DATA
We use reasonable technical, administration, and physical controls to help protect your Personal Information from loss, misuse, unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our efforts, no data security measures can guarantee security. You agree and acknowledge that we will not be liable or responsible for use or disclosure of your Personal Information that is the result of unauthorized or illegal access to our systems or those of third parties. If you believe the security of your Personal Information has been compromised, please notify us immediately using the contact information below.
While we take all reasonable precautions to ensure that user data is secure and that users are protected, there always remains the risk of harm. The Internet as a whole can be insecure at times and therefore we are unable to guarantee the security of user data beyond what is reasonably practical.
YOUR RIGHTS AS A USER
Under the GDPR, you have the following rights:
1. Right to be informed;
2. Right of access;
3. Right to rectification;
4. Right to erasure;
5. Right to restrict processing;
6. Right to data portability; and
7. Right to object.
CHILDREN
We do not knowingly collect or use personal data from children under 16 years of age. If we learn that we have collected personal data from a child under 16 years of age, the personal data will be deleted as soon as possible. If a child under 16 years of age has provided us with personal data their parent or guardian may contact our privacy officer.
HOW TO ACCESS, MODIFY, DELETE, OR CHALLENGE THE DATA COLLECTED
If you would like to know if we have collected your personal data, how we have used your personal data, if we have disclosed your personal data and to who we disclosed your personal data, if you would like your data to be deleted or modified in any way, or if you would like to exercise any of your other rights under the GDPR, please contact our privacy officer here:
Jessica Higgins Chapman
hello@thehappykind.com
Do Not Track Notice
Do Not Track ("DNT") is a privacy preference that you can set in certain web browsers. We do not track the users of our Site over time and across third party websites and therefore do not respond to browser-initiated DNT signals.
HOW TO OPT-OUT OF DATA COLLECTION, USE, OR DISCLOSURE
In addition to the method(s) described in the How to Access, Modify, Delete, or Challenge the Data Collected section, we provide the following specific opt-out methods for the forms of collection, use, or disclosure of your personal data specified below:
1. You can opt-out of the use of your personal data for marketing emails and memberships. You can opt-out by clicking "unsubscribe" on the bottom of any marketing email or updating your email preferences under "Your Account"
MODIFICATIONS
This Privacy Policy may be amended from time to time in order to maintain compliance with the law and to reflect any changes to our data collection process. When we amend this Privacy Policy we will update the "Effective Date" at the top of this Privacy Policy. We recommend that our users periodically review our Privacy Policy to ensure that they are notified of any updates. If necessary, we may notify users by email of changes to this Privacy Policy.
COMPLAINTS
If you have any complaints about how we process your personal data, please contact us through the contact methods listed in the Contact Information section so that we can, where possible, resolve the issue. If you feel we have not addressed your concern in a satisfactory manner you may contact us below.
CONTACT INFORMATION
If you have any questions, concerns or complaints, you can contact our privacy officer, Jessica Higgins Chapman, at:
hello@thehappykind.com