TERMS OF SERVICE 

The Gilbert Baker Foundation (“The Gilbert Baker Foundation” or “we” or “us” or “our”) is a 501(c)(3) nonprofit organization with a mission to protect and extend the legacy of Gilbert Baker, the creator of the LGBTQ Rainbow Flag, as an activist, artist and educator. To record and promote the history of the creation of the Rainbow Flag and its impact on the world. To educate future generations about the LGBTQ Rainbow Flag. To support and empower our mission on a collaborative level between the Foundation and allies, including the LGBTQ community and artists, organizations, educational institutions, non-profits, museums, archives and the press. To promote this mission to the wider world beyond the LGBTQ community.

Website and Keyboard Application Terms

The Gilbert Baker Foundation welcomes you to our Website and Keyboard Application (“Website”). We provide the Website and keyboard application as a complimentary service, and we hope that you find the information and resources available here useful for your needs. BY USING THIS WEBSITE AND KEYBOARD APPLICATION, YOU EXPRESSLY AGREE TO THESE WEBSITE TERMS AND THE PRIVACY POLICY.  

These Website Terms govern: (i) your use of the Website; (ii) your use of the keyboard application, (iii) your provision of information, however posted, uploaded, and/or submitted in connection with using the Website (“User Content”); and (iv) your use of information obtained through the Website and Keyboard Application, including information, software, artwork, text, video, audio, pictures, content, trademarks, service marks, any and all copyrightable material (including source and object code), and any other content and intellectual property owned by The Gilbert Baker Foundation and made available to you through the Website (collectively, “The Gilbert Baker Foundation Content” and “Emojis of Pride”).

Description of Services 

The information and The Gilbert Baker Foundation and Emojis of Pride Content included in the Website are for informational purposes only and are subject to change at any time without notice. By accessing or linking to the Website and Keyboard Application, you assume the risk that the information on the Website and Keyboard Application may be incomplete, inaccurate, out of date, or may not meet your needs and requirements. You agree that the Website and The Gilbert Baker Foundation and Emojis of Pride Content may be changed, updated, or removed at any time without notice and without liability. You further agree that we will not be liable to you or any third party for any modification, suspension, or discontinuance of The Gilbert Baker Foundation and Emojis of Pride Content or interruption in access to the Website.

Content Ownership

This Website and all of its contents, including The Gilbert Baker Foundation and Emojis of Pride Content, are owned by or licensed to The Gilbert Baker Foundation or other authorized third parties and are protected from unauthorized use, copying, and dissemination by copyright, trademark, publicity, and other laws and by international treaties. Unless we expressly say otherwise, you may access the materials located within the Website only for your personal, non-commercial use, and you may download and use our educational, advocacy-related, and other documents and materials for those purposes, but you must: 

• Not sell these materials (including printed copies of them);
• Not mass-produce copies of them;
• Properly attribute them to The Gilbert Baker Foundation (and not edit or alter them when doing so); and 
• Not change or delete any attribution, trademark, legend, or copyright notice. 
• When you download copyrighted material, you do not obtain any ownership rights to that material. The Gilbert Baker Foundation and our licensors retain all rights with respect to the Website and The Gilbert Baker Foundation and Emojis of Pride Content, except those rights expressly granted to you in these Website Terms.

Except as expressly set forth in these Terms, you may not (i) access, view, modify, or otherwise use any portion of our Website not made expressly accessible to you, or (ii) modify, copy, publish, display, transmit, distribute, adapt, use, or in any way exploit the Website or The Gilbert Baker Foundation and Emojis of Pride Content without our prior express written consent. In any event, you agree not to use the Website or The Gilbert Baker Foundation and Emojis of Pride Content for any unlawful purposes and not to violate The Gilbert Foundation’s rights or the rights of others.  

Your Obligations

You agree that you will be solely responsible for your User Content. You also warrant and represent that:

• Your User Content does not and will not infringe any copyright or any other third-party rights, nor violate any applicable law or regulation; and 
• You have the right to and, in fact, do grant to The Gilbert Baker Foundation any and all necessary rights and licenses, including all necessary copyright and other related rights to the User Content, and the right to hyperlink to any web page links you provide, free and clear of any encumbrances, without violating the rights of any person or entity, including any right to privacy or publicity. 
• You further agree that while using the Website, you will not engage in any of the following “Conduct Violations”: (i) post any content which is unlawful, threatening, abusive, defamatory, offensive, obscene, or otherwise objectionable in any way; (ii) engage in fraudulent misrepresentations; (iii) post any content which violates the intellectual property rights of another; (iv) engage in any activity that disrupts the Website or The Gilbert Baker Foundation and Emojis of Pride Content in any way; or (v) otherwise violate any state or federal law. 

Subject to the terms of the Privacy Policy, you consent and agree that The Gilbert Baker Foundation may preserve and disclose your personally identifiable information, including your User Content, as required by applicable laws, when necessary to protect our rights, enforce the Terms, prevent fraud, protect the health and safety of individuals, and when required to comply with a judicial process, administrative process, court order, or other legal process served on The Gilbert Baker Foundation.