Terms and Conditions

THESE TERMS OF USE DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES WHEN USING TOO SMALL TO FAIL CONTENT. PLEASE READ THEM CAREFULLY.

Last updated: March 13, 2015

1. Acceptance of Terms. The Too Small to Fail “Word Gap” Campaign (the “Campaign”) and associated content, including any content, functionality or services offered on or through the http://toosmall.org/community website (the “Website” or the “Site”), any products or creative design materials related to the Campaign, or any other Site-related content and services (collectively, “TSTF Content,” or “Content”) is provided by Too Small to Fail (“TSTF,” “we,” “us”). Your use of the TSTF Content is subject to your compliance with the terms and conditions set forth in this Terms of Use agreement (“Terms of Use”), which supplement any additional guidelines or other terms posted by TSTF in relation to specific Site-related services or content.

Please note that we reserve the right to update or modify the Terms of Use without advance notice by posting a revised Terms of Use to this Website. Users of TSTF Content (“you”) can determine whether the Terms of Use have been modified since your last visit by checking the “Last updated” legend posted at the top of the Agreement. By using TSTF Content, you agree to be bound by the version of the Terms of Use then in effect. TSTF advises you to print and retain a copy of this Terms of Use in hard copy as a record. TSTF may deny service to you at any time and in its sole discretion, including in the event you do not adhere to the Terms of Use or any applicable submission guidelines.

2. Registering to use TSTF Content.

TSTF welcomes anyone to use TSTF Content. If you register to use TSTF Content, you agree to provide and maintain accurate, current and complete information about yourself. As part of the registration process, you may be asked to select a username and password or one may be automatically provided for you (this can be changed at any time).

3. Protocol for Use of TSTF Content. TSTF Content is designed to be used by communities and community organizations to help to distribute information and materials about closing the Word Gap. Communities and community organizations that decide to use TSTF Content agree to adhere to the protocols set forth below.

Product guidelines

You agree to:

Use all Content exclusively for the purpose of promoting a local or state campaign focused on the word gap, as outlined in the “Community Campaign Guide.”

Use TSTF Content for noncommercial use only

Follow all instructions related to design of Campaign materials as outlined in the Brand Guidelines.

Keep all Content intact.

Use Content only on the following materials: t-shirts, onesies, blankets, towels, tote bags, stickers, bibs, magnets, placemats, buttons, postcards, billboards, posters, signs in bus shelters and on buses and other forms of transportation. Any and all use of Content on other products must be approved through TSTF. TSTF reserves the right to review, approve, or require removal of any Content on approved materials. TSTF also reserves the right to remove any and all displays of the Content from any use or locations deemed objectionable, in its sole discretion, by TSTF.

Brand materials with the TSTF and Talking is Teaching: Talk, Read, Sing logos. Logos must be complete, unaltered, and in original colors and typography.

If using Talking is Teaching: Talk, Read, Sing Content, exclusively use the name of the Campaign in its current form.

Use a printer that meets fair labor standards (we recommend using union print shops in the United States).

Use materials that are tested by a government safety lab and comply with product safety rules (no lead paint, tested for flammability etc.).

Use materials that are sourced from vendors with reputable labor and environmental practices (no child labor, sweat shops, environmental contamination, etc.), preferably using union labor in the United States.

As possible you agree to:

Use a printer that will do one or more “press checks” prior to printing large quantities to ensure quality of the images.

Using 100% cotton and water-based ink (this is more for touch/feel purposes, not safety)

You agree not to:

Use any of the Content in a way that endorses or opposes a particular political party or candidate for office.

Use or adopt any of the TSTF Content in a way that is unlawful, racist, libelous, defamatory, obscene, or harasses particular individuals or groups.

Use or adopt any of the TSTF Content in a way that infringes any third-party’s intellectual property or other rights.

Use TSTF Content for solicitations.

Impersonate any person or entity, including any TSTF employees or its affiliates, or falsely state or otherwise misrepresent your affiliation with any person or entity.

Imply that TSTF endorses any of your statements or positions.

Frame or mirror any part of a TSTF Site or Content without our prior written authorization.

4. TSTF’s Proprietary Rights and Re-Use Policy. You acknowledge and agree that TSTF Content will remain the property of TSTF, and is protected by copyright, trademark, patent, and/or other proprietary rights and related laws, rules and regulations. The materials produced by TSTF (including photographs, graphics, video and audio content) are protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries. You agree to abide by all additional copyright notices or restrictions contained in any materials produced by TSTF.

The TSTF name, trademarks, service marks, logos, and related names, logos, designs, and slogans, including any such marks displayed in the TSTF Content (collectively the “Marks”) are the registered and unregistered trademarks of TSTF and may only be used as specified in these Terms and any additional related guidelines or terms. All Marks on TSTF Site that are not owned by TSTF are the property of their respective owners. The Marks owned by TSTF, whether registered or unregistered, may not be used in connection with any product or service that is not TSTF’s. These Terms of Use in no way grant permission to use the Clinton Foundation or Next Generation names, logos or trademarks, the names, logos, or trademarks of either of their programs or initiatives, or the name, voice, likeness or images President Clinton, Hillary Rodham Clinton and Chelsea Clinton in any format.

5. General Re-Use Policy

You may copy reprint, publish, reproduce, or otherwise display materials created by TSTF and made available through the TSTF Content on the condition that you attribute those materials to TSTF as applicable, provide a link to the applicable TSTF website (www.toosmall.org , etc.), and abide by these Terms of Use and any related guidelines or terms.

6. Limit on Use

Except as expressly permitted above, you may not copy, reproduce, distribute, publish, display, perform, modify, create derivative works, transmit, or in any way exploit any material produced by TSTF.

7. Links. The TSTF Site provides links to other websites and resources. Because TSTF has no control over these sites and resources, you acknowledge and agree that TSTF does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. TSTF is providing these links to you only as a convenience.

8. Privacy Policy. All information provided by you or collected by us during visits to a TSTF Site (including when you register or sign up to use certain features) is governed by TSTF’s Privacy Policy, which is hereby incorporated into the Terms of Use by this reference. Please review it carefully by clicking here.

9. Jurisdictional Issues. The Site is controlled and operated by TSTF from its office in San Francisco, CA, U.S.A., and is not intended to subject TSTF to the laws or jurisdiction of any other state, country or territory. Those who choose to access a TSTF Site do so on their own initiative and at their own risk, and are solely responsible for complying with all applicable laws, rules, and regulations.

10. Termination. TSTF may, in its sole discretion, terminate your use of any TSTF Content or any part thereof, at any time and for any reason, including if TSTF believes that you have violated or acted inconsistently with the spirit of the Terms of Use. Further, you agree that TSTF will not be liable to you or any third party for any termination of your access to any TSTF Content. In the event of such revocation, you agree to take immediate steps to remove the TSTF Content from all current and past communications and from any and all other materials.

11. Limitation of Liability. In no event will TSTF, our affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under and legal theory, arising out of or in connection with your use, or inability to use, the TSTF Content, including but not limited to this website, any websites linked to this website, any content on the website or such other websites or services or items obtained through the website or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. Your sole remedy for dissatisfaction with the content is to stop your use of it. The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

12. Indemnification. You agree to defend, indemnify and hold harmless TSTF, our directors, officers, employees and consultants, and our affiliates, including the Clinton Foundation and Next Generation, and their respective directors, officers, employees and consultants, from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise out of or from A) your activities in connection with the Content; B) any violation of these Terms of Use by you.

13. Miscellaneous. These Terms of Use are governed by and construed in accordance with the laws of California, United States of America, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of any court located in the jurisdiction of California, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts, in any matter arising out of or related to TSTF or these Terms of Use. If any provision of these Terms of Use is found to be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. TSTF may assign its rights and obligations under these Terms of Use. These, together with all policies and guidelines referred to herein, is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter.

14. About TSTF; Purpose of TSTF. TSTF is a joint initiative by the Clinton Foundation and Next Generation, a non-partisan strategic policy and communications organization, which aims to help parents and businesses take meaningful actions to improve the health and well-being of children ages zero to five, so that more of America’s children are prepared to succeed in the 21st century. We are working to promote new research on the science of children’s brain development, early learning and early health, and we will help parents, businesses and communities identify specific actions, consistent with the new research, that they can take to improve the lives of young children. As we do this work and secure commitments to action, we will use social media, other technology-driven tools and innovative approaches to inform and empower parents and business leaders to track their progress and measure their success.

15. Questions. If you have any questions or feedback about these Terms of Use feel free to contact us at [email protected].