The Gilbert Tabby Museum (“Museum”) created this website to 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. 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. By using this website, the end user (“You”) agrees to abide by the following Terms of Use.
1. 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, (“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.
2. 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 us at dtabby@gtabby.org
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:
1. Be familiar with and abide by restrictions identified by the Museum, including obtaining permission where required.
2. Comply with all applicable law, including copyright law, when using Content.
3. Obtain any necessary permission from third parties where other rights, such as publicity or privacy rights, apply.
4. Determine whether your use of the Content falls within an exception to copyright law (e.g., fair use);
5. 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
6. Resolve any claims that arise from your use of the Content.
When using Content, you agree to:
7. Cite the “The Gilbert Tabby 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.
8. Link to the Museum’s website as the source of the Content, where possible.
9. Ensure that you do not state or imply that the Museum endorses you, any third party, or any products, services, or opinions.
Content must be used in accordance with usage restrictions for personal, educational, and other noncommercial uses.
Frequently Asked Questions (FAQs) About Content Use
1. May I put Content on my website, blog, or other social media page?
Yes, as long as you comply with these Terms of Use. Please pay particular attention to the terms listed in Section III. As noted above, some - but not all - uses require permission from the Museum before using (e.g., where the usage restriction states that permission is required).
2. 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.
3. 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.
4. May I use Content in a research paper or other class work?
Yes, we encourage you to quote, describe, or include a copy of Content in your research or other class project as long as you comply with these Terms of Use. Please note that some uses of Content in class work may be considered fair use under copyright law, and it is your responsibility to determine if your use constitutes fair use. The Museum cannot assist you in this determination. If you consider that your use of Content in class work is fair use, no additional permission from the Museum is needed.
5. May I use Content in my lectures and lesson plans?
Yes, we encourage you to use the Content for teaching projects as long as you comply with these Terms of Use. Please note that some uses of Content in class work may be considered fair use under copyright law, and it is your responsibility to determine if your use constitutes fair use. The Museum cannot assist you in this determination. If you consider that your use of Content in lecture and lesson plans is fair use, no additional permission from the Museum is needed.
6. 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
7. 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
8. 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.
9. Can the Museum revoke permission that has been granted or request or demand that I stop using Content in a particular manner?
Although rare, the Museum reserves the right to revoke permission previously given and/or to request or demand that you cease and desist from use of the Content if the Museum becomes aware that your use is in violation of permission previously given or is otherwise in violation of these Terms of Use.
10. 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.
11. May I use any Museum content for any type of machine learning?
No. Without the Museum’s written consent, you may not use any of the Museum’s Content to train, fine-tune, or otherwise develop any machine learning or artificial intelligence models or systems, including, but not limited to, large language models, neural networks, or any similar technologies available now or in the future.
3. Privacy
By using the Museum’s website, you agree that the Museum may collect, use, and disclose
information about you as described in the Museum’s Privacy Policy.
4. Changes to These Terms
The Museum reserves the right to change these Terms of Use from time to time without notice, and such changes will be effective as of the date they are posted. The Museum’s failure to enforce any of these Terms shall not constitute a waiver of these Terms.
5. 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. By using the Museum’s website, you represent and warrant that your use will be consistent with these Terms of Use, including fair use. To the extent permitted by law, you agree to release, indemnify, and hold the Museum harmless from all claims, causes of action, allegations, costs, expenses (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from and relating to your use of the Museum’s website and/or any Content.
6. Applicable Law and Jurisdiction
These Terms of Use shall be governed by applicable federal law. Any complaint, case, controversy, suit, action, or other proceeding arising out of or relating to these Terms of Use shall be brought in a federal court of competent jurisdiction.