Terms and Conditions

The National Holocaust Centre and Museum – Terms and Conditions of Use of Website

The Journey website

Terms and Conditions of Use

By using The Journey website, you agree to abide by the NHCM’s Terms and Conditions of Use. “NHCM” shall also mean Beth Shalom Ltd.

By accessing any page of The Journey website, you agree to be bound by the following terms and conditions. The NHCM can change the Terms and Conditions of Use at any time, without notice. Changes are effective from when they are posted. It is the users’ responsibility to make themselves aware of these terms and conditions, including any changes. Failure to enforce terms and conditions does not constitute a waiver of terms.

Content
All content and materials on The Journey website including but not limited to, text, images, audio clips, video clips, data compilations, downloads, and software are the property of NHCM. Content may be protected by copyright or other restrictions. Content on the website may be used by NHCM with the permission of a third party, in accordance with applicable law. Rights may be owned by people, organisations or entities other than, or as well as NHCM. Website content may be in the public domain and/or protected by third party rights such as copyright, trademark or contract.

Unauthorised copying or use of protected material from this website is prohibited, except as described in these terms and conditions, and under “fair dealing” as outlined under copyright law.

In cases where; NHCM records do not provide evidence of copyright restrictions; or, content was never eligible for copyright protection; or the copyright has expired; or content was placed in the public domain, the content is marked “no known copyright restrictions”. This does not necessarily mean that the content is in the public domain.

Although NHCM makes every effort to ensure that information regarding the copyright status, or terms and conditions applicable to its website content, such as donor restrictions, is available, it cannot guarantee that all applicable information is provided. It also cannot guarantee that information is correct for every circumstance. It is the responsibility of the user to determine if they need permission for use, and gain any permission necessary to use the website content.

Any queries regarding The Journey content, and use of the NHCM website content can be directed to research@holocaust.org.uk

Permitted Uses and Written Permission
The NHCM permits the use of its website for personal, non-commercial, and educational use in line with “fair dealing”, as defined by copyright law. United Kingdom copyright law can be found at www.legislation.gov.uk. It is the responsibility of the user to determine if they are within the permitted uses under copyright law, and it is the responsibility of the user to answer any arising claims or issues.

Non-commercial uses, including personal or educational use of website content must;

• Cite the author and source
• Whenever possible, link to The Journey website
• Include all applicable copyright, trademarks, attribution, credit and/or other information
• Comply with these terms and conditions as well as all other applicable terms and conditions, for example contractual limitations
• Not alter or modify the content
• Not use content for any commercial purpose

The above is subject to protection of the rights of any applicable third parties, there is no obligation for a third party to give a user permission to use content. There is no obligation for the NHCM to obtain any permissions for users from any third party.

Unauthorised use of any this website content for commercial purposes, or purposes outside those outlined above is prohibited. This includes but is not limited to the sale of website content and resources, or services and resources which contain website content. It is also prohibited to use The Journey website content to promote yourself, others, organisations, events, products, services or campaigns.

If you wish to use this website content for any of these purposes or any other purpose outside the permitted uses, you must obtain prior written permission from NHCM, or the rights holder.

Permission for use is granted on a case-by-case basis, a fee may apply, and granting permission is at the discretion of NHCM. Content owned by a third party must be used with permission of the third party. There is no obligation for a third party to give a user permission to use content. There is no obligation for the NHCM to obtain any permission for use on behalf of any third party. Enquiries for permission to use content, or about the owner of content can be directed to research@holocaust.org.uk

Marks
Marks including but not limited to, trademarks, logos, or service marks (“marks”), displayed on The Journey website are registered or unregistered marks of NHCM. Outside of “fair dealing” as defined by copyright law, you must obtain written permission before using these marks. Prior written permission from the owner must also be gained before using any marks displayed on The Journey website which belong to third parties. No part or content of the The Journey website shall be construed as granting or implying any license or right to use any marks displayed on the website without prior written permission from the rights holder. Misuse of marks is prohibited.

Complaints
If you have any complaints about how The Journey website content is credited, or if you wish to complain or object to content because of a copyright related issue, such as permission, please contact research@holocaust.org.uk.

Links
Any third party websites which are linked to on this website are not under NHCM control. Linking to a website does not constitute endorsement, sponsorship, or affiliation with the third party or any advertisers on their website. The NHCM bears no responsibility for the content or legality of linked websites.

If you wish to link to The Journey website, you must not state or imply that the NHCM endorses you, others, products, services or content on your website. The link must include a written notice that the user is now accessing another website.

You must not link websites which are indecent, offensive, or inappropriate to The Journey website and you must remove any link deemed inappropriate, offensive, or indecent if the NHCM in its discretion so requests.

Linking to this website does not give you any ownership rights or interests in the NHCM name, or any variation of it, therefore you must not; use the name ‘National Holocaust Centre and Museum’ or any variation of it to frame pages or content from the The Journey website without prior written permission. If you link to The Journey website, the NHCM has no obligation to link to your website, enter a reciprocal arrangement, or provide reciprocal service of any kind.

Privacy and Cookies
Users of The Journey website agree that the NHCM may collect, disclose and use information about you in line with the NHCM Privacy Policy. Changes, for example in technology, may require the NHCM to revise this section. It the responsibility of the user to make themselves aware of any changes.

The NHCM will collect no personal information from users of The Journey website, unless you choose to provide the information to us.

The following information does not identify you personally, it is collected and automatically stored to help the NHCM identify things such as how many people use its site:

• The IP address and domain name from which The Journey website is accessed
• The browser and operating system used to access The Journey website
• Date and time of access
• Which pages, files, documents and links were visited
• The internet address of the website from which you linked to The Journey website

Additionally the NHCM may also collect cookies. Cookies are small pieces of information, alphanumeric identifiers, transferred to either your hard drive, or RAM. Cookies do not store personal information and cannot read data off your computer, or other cookies. Cookies are used by the NHCM to improve our website. Information collected from cookies will not be used to create user profiles and will only be used in aggregate form. You can set your browser to refuse cookies, if you choose to do this you may still access most of the NHCM website. However it may prevent you from accessing all of the website’s features.

If you knowingly and voluntarily choose to send the NHCM personal information, for example by sending an email, making a purchase, or registering for an online service, the NHCM will endeavour to respond to your enquiry. If you have provided this information the NHCM may contact you regarding our activities and opportunities, you can decline further communication. The NHCM will not knowingly provide third party access to your personal information without your authorisation.

The NHCM recommends that children under the age of 13 get permission from a parent/guardian before sending any personal information to The Journey website. The NHCM is concerned about children’s privacy. If parents/guardians have any concerns they can contact research@holocaust.org.uk

The NHCM takes all reasonable measures to protect personal information.

If you follow a link from The Journey website to any other website, you are no longer covered by the NHCM’s Privacy Policy. The NHCM is not responsible for the content or privacy policy of any website other than The Journey website.

Warranty and Indemnity
By using the NHCM website and its content, users agree and warrant that they will abide by the NHCM Terms and Conditions of Use, including conditions of use permitted under copyright law. Users agree not to violate the rights of the NHCM or any other entity or individual. Users also agree to indemnify, defend, and hold harmless the NHCM from any loss, claims, action, causes of action, allegations, costs, judgements, liability, and damage relating to and/or arising from use of, or inability to use The Journey website and/or any of its content.

Users understand that they are using The Journey website at their own risk.

Disclaimer
We endeavour to keep the content of The Journey website up to date and accurate. However all content of The Journey website is provided “as is” and without any warranties of any kind, either express or implied, about but not limited to the completeness, accuracy, reliability, suitability or availability of site content. To the fullest extent permitted at law, the NHCM disclaims all warranties, express or implied, including, but not limited to, warranties of title and implied warranties of merchantability, fitness for a particular purpose, and infringement. We do not warrant that this site will operate uninterrupted, error free, that errors or defects will be corrected, or that the site and server that make it available are free from viruses or other harmful components.

All users of The Journey website are responsible for ensuring their use and actions comply with the law in their jurisdiction. The NHCM bears no liability for the breach of any law, by any third party, in relation to use of The Journey website.

Governing Law and Jurisdiction
The Journey website, the NHCM Terms and Conditions of Use, and all aspects related to use of The Journey website shall be governed by English law, without regard to its conflicts of laws principles. The courts of England have jurisdiction in relation to any dispute or matter arising in connection with your use of The Journey website, and these terms and conditions.

The National Holocaust Centre and Museum – Terms and Conditions of Use of Images

Images

Terms and Conditions of Use
Images owned by the National Holocaust Centre and Museum (“NHCM”) must be used in accordance with the NHCM Images Terms and Conditions of Use (“terms and conditions”). “NHCM” shall also mean Beth Shalom Ltd.

Unauthorised use of protected images is prohibited. Uses, including, but not limited to commercial use must have prior, written permission from the NHCM. A fee may apply.

Applications to use images owned by the NHCM are taken on a case-by-case basis, and permission is granted at the sole discretion of the NHCM. The NHCM is not obligated to grant an application. Applications must include the context in which the images will be used.

Images must be used according to the following terms and conditions:

• Images, and image licenses, are granted for a specified, one time only use
• No image, or image license can be used by a third party
• All images must be credited ©National Holocaust Centre and Museum.
• Images must not be used on any electronic media including, but not limited to websites or e-books, without prior written permission from the NHCM.
• Image reproduction sizes must not exceed A5, without prior written permission from the NHCM
• Images may be cropped, but must not be manipulated or altered in way without prior written permission from the NHCM
• No copyright or proprietary right is conveyed with the use of any image
• Images must not be used in any way which could be considered deceptive
• Images must not be used in any way which could reflect unfavourably on the NHCM

The NHCM may take any appropriate action to constrain further use and/or seek financial compensation in the event of any identified breach of the NHCM Images Terms and Conditions of Use.

Please send applications, requests or enquiries to research@holocaust.org.uk

Third Parties
Some images used by the NHCM may be used with the permission of a third party, in accordance with applicable law. Rights may be owned by people, organisations or entities other than, or as well as NHCM. It is your responsibility to obtain permission from the rights holder. The NHCM is not obligated to gain permission on your behalf, or assist you in gaining permission.

Art
Responsibility is the users’ for gaining additional permission from the artist or their estate/successor to reproduce any art or sculptures which are used or held by the NHCM, but for which the artist still holds the copyright; for example if the artist is still alive, or has died within the last 70 years. The NHCM is not obligated to gain permission on your behalf, or assist you in gaining permission.

The National Holocaust Centre and Museum – Terms and Conditions for Photography and Filming

Photography
Outside of the two permanent exhibitions (The Holocaust Exhibition and The Journey), within the grounds of the NHCM, hand-held cameras, including those with a flash, may be used for private, non-commercial purposes unless otherwise stated.

All photography within the two exhibitions is prohibited without prior permission from the NHCM. Applications to photograph artefacts, and/or within the exhibitions, must include the context in which the images will be used, the object you wish to photograph (if applicable), the exhibition(s) you wish to photograph, and applications must be submitted at least 5 weeks in advance. The NHCM is not obligated to grant permission, applications will be reviewed on a case-by-case basis, and a fee may apply.

Images of the Journey Exhibition are available on request to visiting school parties, these images must be used in accordance with the NHCM Images Terms and Conditions of Use. The NHCM is not obligated to supply these images.

Enquiries and/or applications should be sent to research@holocaust.org.uk

Filming
Filming of any kind, intended for any use including, but not limited to commercial use, is prohibited within the grounds and exhibitions of the NHCM without prior, written permission from the NHCM.

Enquiries and/or applications should be sent to research@holocaust.org.uk.

The National Holocaust Centre and Museum – Terms and Conditions of Use for Educational Resources

Terms and Conditions of Use
Educational resources produced and/or owned by the National Holocaust Centre and Museum (“NHCM”) must be used in accordance with the NHCM Educational Resources Terms and Conditions of Use (“terms and conditions”). “NHCM” shall also mean Beth Shalom Ltd. The term “recipient” shall mean any individual, organisation, or entity who uses or purchases NHCM educational resources. The term “educational resources” includes all NHCM educational resources, and all of their content.

Unauthorised use of protected materials outside of these terms and conditions is prohibited. Uses including, but not limited to, commercial use must have prior written permission from the NHCM. Fees may apply.

All content and materials included in NHCM educational resources including but not limited to, text, images, audio clips, video clips, data compilations, downloads, and software are the property of NHCM. Content may be protected by copyright or other restrictions. Content may be used by NHCM with the permission of a third party, in accordance with applicable law. Rights may be owned by people, organisations or entities other than, or as well as NHCM. Content may be in the public domain and/or protected by third party rights such as copyright, trademark or contract.

Any queries regarding the content of NHCM educational resources, and/or the use of NHCM resources can be directed to development@holocaust.org.uk

Online Educational Resources
Some educational resources produced/owned by the NHCM are available to download from the NHCM website. These resources are also governed by The Journey website Terms and Conditions of Use.

Non-commercial uses, including personal, or educational use of educational resources available to download from the NHCM website must:

• Cite the author and source
• Whenever possible, link to The Journey website
• Include all applicable copyright, trademarks, attribution, credit and/or other information
• Comply with these terms and conditions as well as all other applicable terms and conditions, for example contractual limitations
• Not alter or modify the content
• Not use content for any commercial purpose

The above is subject to protection of the rights of any applicable third parties, there is no obligation for a third party to give a user permission to use content. There is no obligation for the NHCM to obtain any permissions for users from any third party.

The content of the NHCM website, including educational resources is subject to change without notice. Educational resources and other content is regularly added or removed from the site, the NHCM does not guarantee that specific educational resources are/will be available for any specified period of time.

Some educational resources are accompanied by a suggest age range, key stage, or year group. However this is an indication, not a recommendation or guarantee from the NHCM that those educational resources are suitable for use with all individuals of that age, key stage or year group. Nor is it a guarantee that an educational resource is right for your specific circumstances and/or needs. It is the recipients’ responsibility to ensure that NHCM educational resources are appropriate for their needs, and meet their requirements.

Unauthorised use of any NHCM educational resources for commercial purposes, or purposes outside those outlined above is prohibited. This includes but is not limited to the sale of educational resources produced by the NHCM, and resources or services which contain NHCM educational resources. It is also prohibited to use NHCM educational resources to promote yourself, others, organisations, events, products, services or campaigns.

If you wish to use NHCM educational resources for any of these purposes, or any other purpose outside the permitted uses, you must obtain prior written permission from NHCM, or the rights holder.

Permission for use is granted on a case-by-case basis, a fee may apply, and granting permission is at the discretion of NHCM. Content owned by a third party must be used with permission of the third party. There is no obligation for a third party to give a user permission to use content. There is no obligation for the NHCM to obtain any permission for use on behalf of any third party. Enquiries for permission to use content, or about the owner of content can be directed to research@holocaust.org.uk

Educational Resources for Purchase
The NHCM also produces educational resource which are available for purchase including, but not limited to packs or educational workshops.

The NHCM shall own all educational resources until payment is received in full, unless an alternative payment schedule is arranged with NHCM by prior written permission. This applies even if educational resources are delivered to the recipient.

Cost
Prices and costing for online educational resources include VAT unless otherwise stated. The cost of a bespoke or tailored educational resource produced by/in association with the NHCM shall be agreed by prior, written arrangement. A price list can be made available on request.

Enquiries about bespoke NHCM educational resources can be made to development@holocaust.net

Warranty
The NHCM warrants its educational resources which are available to purchase to be free of defects, made of sound materials and to be of the quantity and description as set out in the order and/or contract. Recipients will accept slight imperfections in colour, appearance, and measurement. If an educational resource is found defective within 12 months of the delivery date, the NHCM will endeavour to replace it with the same, or refund the price of the educational resource.

Other than expressly stated in the NHCM Educational Resources Terms and Conditions of Use, and other than the warranty as to good title and as otherwise required by law, the NHCM excludes all representations and warranties in relation the goods whatsoever, whether express or implied. Without prejudice to the generality of the foregoing, the NHCM expressly excludes any warranties as to fitness for purpose. The recipient agrees it is their responsibility to determine the suitability of NHCM educational resources for their intended use.

Liability Limitations
The NHCM shall not be liable for any indirect or consequential losses, damages, or expenses however it may arise from the use of, or inability to use, NHCM educational resources; including, but not limited to loss of profit, business, capital or revenue.

Neither the NHCM, nor the recipient shall be liable for any matter, delay, liability or expense caused by any matter or event beyond its reasonable control. Such events include, but are not limited to government interference, war or hostilities, riot or civil unrest, or natural physical disaster.

If the educational resources delivered by the NHCM are; not as described in the order/contractual agreement; defective; damaged; of an incorrect quantity, the NHCM has no liability to the recipient unless written notification is given within 7 working days of delivery. If NHCM is notified of a problem, our only obligation will be to either; make good any shortage on delivery; or, to replace or repair educational resources found to be damaged or defective; or, to refund the amount paid to NHCM for the educational resources.

The NHCM shall have no liability to pay any money to the recipient by way of compensation, other than to refund an amount paid to the NHCM as stated above.

Failure by either party to exercise or enforce any right, will not be construed as a waiver of rights.

Our contact address is: office@holocaust.org.uk

Governing Law and Jurisdiction
Educational resources produced by the The Journey website, the NHCM Educational Resources Terms and Conditions of Use, and all aspects related to use of NHCM educational resources shall be governed by English law, without regard to its conflicts of laws principles. The courts of England have jurisdiction in relation to any dispute or matter arising in connection with your use of NHCM educational resources, and these terms and conditions.

Acceptance of Orders for Educational Resources
There is no binding contract between you and the NHCM on any order or enquiry made through The Journey website, over the telephone, or via email, unless and until the educational resources are dispatched to you. At any time before educational resources are dispatched, the NHCM may decline to supply the educational resources to you without any reason.

Orders or enquiries will get a response from the NHCM as soon as possible. Orders are only accepted once the NHCM has sent written confirmation, this can be via email. The NHCM may decline an order without any reason. Until the conformation email is received there is no binding contract of any kind between the NHCM and another, sending an email enquiry or using buttons or icons on the NHCM website which indicate you are making an order does not constitute a binding contract.

Lost in Transit
For educational resources which are dispatched via Royal Mail or courier service, no claim for goods lost in transit can be accepted unless the NHCM receives written notification within 7 working days of the specified delivery date.

Cancellations and Returns
Nothing in these terms and conditions is intended to limit any rights the recipient may have as a consumer under applicable local law or other statutory rights that may not be excluded.

We do not accept return of resources once they have been deemed to be in use.

Invalidity
If any part of the NHCM Educational Resources Terms and Conditions of Use is unenforceable, the ability to enforce any other part of these terms and conditions will not be affected.