The United States Holocaust Memorial Museum (“Museum”) created its website to support its mission to serve as America’s national institute for the documentation, study, and interpretation of Holocaust history and as a living memorial to the millions of people murdered during the Holocaust. Visitors are encouraged to use this website for personal, educational, research, and other purposes in accordance with these Terms.
The Museum is a federal institution that serves as our nation’s memorial to the six million Jews murdered in the Holocaust. All uses of its photographs and other materials must be respectful of the memory of those individuals. Any use of its materials or its name that distorts, minimizes, denies, or glorifies the Holocaust or promotes antisemitism will not be tolerated. The Museum reserves the right to take any recourse it sees fit to address any such violation in accordance with these Terms.
I. Ownership and Intellectual Property
The Museum owns the compilation of content that is posted on its website, including its text, images, audio, video, design, databases, codes, and software (“Content”). This does not mean that the Museum owns each component of the Content or the intellectual property rights in each component of the Content. In these cases, Content and intellectual property rights are used with the owner(s)’ permission or in accordance with applicable law.
II. Restrictions on Your Use of the Content
The Museum makes its best efforts to ensure that it provides accurate information about the Content, including information about restrictions associated with the use of the Content as marked in the Museum’s online catalogue. Restrictions may be required by an agreement between the Museum and the donor of the Content, based on Museum policy, or based on the Museum’s interpretation of law. The Museum cannot guarantee that all information it provides regarding Content is correct in each circumstance or that Content is free from restrictions other than copyright, such as rights held by third parties or the rights of publicity or privacy. It is ultimately your obligation to determine and satisfy copyright or other use restrictions when accessing, publishing, or otherwise using Content.
The Museum welcomes additional information about its Content. If you have additional information about the copyright status or copyright owner of Content, or if you have complaints or objections to the posted copyright status, please contact email@example.com.
Permitted Uses of the Content
Please read the following carefully, including the FAQs, to understand the requirements for using Content. Please note that some uses of Content require written permission from the Museum before use.
By using Content, you agree that it is your sole responsibility to:
Be familiar with and abide by restrictions identified by the Museum, including obtaining permission where required.
Comply with all applicable law, including copyright law, when using Content.
Obtain any necessary permission from third parties where other rights, such as publicity or privacy rights, apply.
Determine whether your use of the Content falls within an exception to copyright law (e.g., fair use);
Understand that there may be unresolved claims of copyright or ownership associated with the Content of which the Museum is unaware and assume all risks and responsibilities associated with your Content use; and
Resolve any claims that arise from your use of the Content.
When using Content, you agree to:
Cite the “United States Holocaust Memorial Museum” (with no abbreviations) as the source of the Content, as well as any author or other source listed with the Content. Credit should appear in close proximity to each image or in a special section devoted to credits. More information about how to cite Museum materials is available here: How to Cite Museum Materials.
Link to the Museum’s website as the source of the Content, where possible.
Reproduce any copyright, trademark, or other proprietary notices, including attribution, information, credits, and notices, that are listed as required when using the Content; and
Ensure that you do not state or imply that the Museum endorses you, any third party, or any products, services, or opinions.
A. Content Marked As Having No Restrictions on Use
This Content may be used without receiving additional written permission from the Museum.
B. Content Marked As In The Public Domain
This Content may be used without receiving additional written permission from the Museum.
C. Content Marked As Having Usage Restrictions
Content must be used in accordance with usage restrictions for personal, educational, and other noncommercial uses. If usage restrictions require prior written permission from the Museum or if your proposed use is for commercial purposes, you may send your request to firstname.lastname@example.org.
D. Frequently Asked Questions (FAQs) About Content Use
b. Is it a commercial use if the host of my website or blog adds advertising to my website, blog, or social media page? If this is the only commercial content on your site or page, the Museum does not consider this a commercial use of Content.
c. May I use the Museum’s logo on my website? No. You may not use the Museum’s logo or other trademarks without the Museum’s prior written permission. Exceptions may apply if the logo is already integrated into Content that the Museum has made available for sharing through embeddable links.
f. Do I need permission to link to the Museum’s website on my website, blog, or other social media page? No, permission is not needed to link to the Museum’s website. If you choose to link to the Museum’s web site, you may not present the link in a manner that states or implies that the Museum endorses you, a third party, or any products, services, or opinions
g. Do I need permission to embed videos on my website, blog, or other social media page that the Museum has made embeddable? No, permission is not needed to embed videos that the Museum has made embeddable. We request that you credit the “United States Holocaust Memorial Museum” as the source of the embedded video. If you choose to embed a video from the Museum’s web site, you may not present the video in a manner that states or implies that the Museum endorses you, a third party, or any products, services, or opinions
h. Do I need permission to use Content that is marked as having usage restrictions when I believe my use is permitted under the fair use exception to copyright law? It is your responsibility to determine whether your use constitutes fair use under copyright law. The Museum cannot assist in this determination. Additional information about fair use can be found here.
j. Does permission being granted by the Museum mean the Museum endorses my particular opinion, view, product, or service? No. The Museum grants permission to use its Content when doing so does not violate any applicable restriction, Museum policy, or applicable law. Permission given by the Museum does not imply endorsement of any person, product, service, or opinion, and you should not state or imply otherwise.
III. Interactive Features and User-Generated Information
The Museum provides certain interactive features for the exchange of ideas and information in furtherance of its mission. You are invited to interact with our website, subject to the following rules of conduct:
The Museum expects that you will stay on topic and post only information relevant to the topic at hand.
You are solely responsible for the information that you submit.
You will not post any information that is unlawful, harassing, discriminatory, libelous, obscene, illegal, pornographic, or that infringes on the rights of any third party. While criticizing the Museum’s decision making or operations is permissible, purely personal attacks are not. Nor will you introduce any technology designed to damage the Museum’s website or its other technology.
You will not post spam, advertisements, or promotions for products, services, causes, or candidates.
You will only post information that is yours or for which you have received permission from the person or entity that owns the information and the related intellectual property rights.
You recognize that this is a public website, and you will not post personal or other information about yourself that is non-public. You will not post any personal information about a third party.
You are over the age of 13.
By posting information, you are giving the Museum and those authorized by the Museum permission to use it for any purpose.
Many of the trademarks, service marks, and logos (collectively “Marks”) displayed on this website, including “United States Holocaust Memorial Museum” and the Museum’s logo, are registered or unregistered Marks of the Museum. You may not use the Museum’s Marks without prior written permission.
Marks of third parties may also be displayed in the Content from time to time. Nothing contained on this website shall be construed as granting a license to use any third-party Mark displayed on this website.
V. Third-Party Websites
This website may contain links to the websites of third parties that are not under the control of the Museum. These links are provided for convenience and for informational purposes only, and they do not indicate the Museum’s endorsement of, sponsorship of, or affiliation with the third party or the content of these linked websites, including any advertising that may be posted on them. The Museum has no control over these linked websites. It makes no representation or warranty and bears no responsibility for the accuracy, legality, or content of third party websites that link to or from the Museum’s web site.
VII. Changes to These Terms
VIII. Warranties and Indemnification
The Museum makes no representations of any kind regarding its website, the Content, or any portion thereof. The website and Content are provided on an “AS IS” and “AS AVAILABLE” basis without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular use, copyright ownership, and/or non-infringement or other third-party proprietary rights. The Museum shall not be responsible or liable for any damages or losses that may occur to you or any third party based on your use of its website and/or the Content. The Museum may update or take down any website or any Content at any time.
IX. Applicable Law and Jurisdiction
X. Other Questions
For additional questions regarding the Museum’s website, please contact the Museum’s web master at email@example.com.