Terms of use

Last update: January 26, 2024

1. Acceptance of Terms and Conditions
The Dallas Holocaust and Human Rights Museum (“DHHRM”) provides this website https://www.dhhrm.org/ (“DHHRM Website”) in support of its charitable and educational mission to teach the history of the Holocaust and advance human rights to combat prejudice, hatred, and indifference.. BY ACCESSING THE DHHRM WEBSITE, YOU ACCEPT WITHOUT LIMITATION OR QUALIFICATION THESE TERMS AND CONDITIONS (the “Terms and Conditions”). DHHRM MAY REVISE THESE TERMS AND CONDITIONS AT ANY TIME, WHICH REVISIONS SHALL BIND YOU. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE EXIT THE DHHRM WEBSITE NOW AND REFRAIN FROM FURTHER USE.

2. Protection of privacy
DHHRM is committed to protecting the privacy of its website visitors in accordance with applicable laws and regulations. All information gathered from you in connection with your use of the DHHRM Website is governed by DHHRM’s Privacy Policy (https://www.dhhrm.org/privacypolicy). Please note that the DHHRM Website is not specifically dedicated to children and DHHRM does not actively solicit information from children. Children under the age of 12 are required to obtain permission from an adult before submitting information to the DHHRM Website.

3. Trademarks
The names, titles, trademarks, service marks, and logos that appear on the DHHRM Website are registered and unregistered marks of DHHRM, including but not limited to The Dallas Holocaust and Human Rights Museum and DHHRM, (“DHHRM Trademarks”). You may not use the DHHRM Trademarks without DHHRM’s prior, written permission.

The trademarks of third parties may also appear on the DHHRM Website from time to time; you may not use these trademarks without prior, written permission of their respective owners. You acknowledge and agree that nothing on the DHHRM Website grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any of the DHHRM Trademarks or may be construed to mean that DHHRM has authority to grant any right or license on behalf of any third party trademark owner.

4. All content is protected by copyright laws
Images, text, software, documentation, electronic text and image files, audio and video files and clips, and other materials on the DHHRM Website are protected by copyright laws and may be covered by other restrictions including for example, rights of privacy and publicity, as well. DHHRM retains all rights it may hold, including copyright, in data, image, text, and any other information contained in these files. Copyrights and other proprietary rights in the material on this website may also subsist in individuals and entities other than, and in addition to, DHHRM. DHHRM expressly prohibits the copying of any protected materials on this website, except for the purposes of fair use as defined in the copyright laws, and as described below.

5. Fair use is permitted
Fair use of copyrighted material includes the use of protected materials for noncommercial educational purposes, such as teaching, scholarship, research, criticism, commentary, and news reporting. Unless otherwise noted, users who wish to download or print text, audio, video, image and other files from DHHRM’s Website for such uses are welcome to do so without DHHRM’s express permission. In accordance with scholarly practice, users of materials (whether copyrighted or not) in publications, etc., should cite the author/artist as well as the source; the citation should include the URL “http://www.dhhrm.org.”

By downloading, printing, or otherwise using text, audio, video, image and other files from the DHHRM Website, whether accessed directly from this website or via other sites or mechanisms, users agree that they will limit their use of such files to fair use, and will not violate DHHRM’s or any other party’s proprietary rights.

6. Commercial use is prohibited
Unauthorized downloading, publication or exploitation of DHHRM’s files for commercial purposes is specifically prohibited.

7. Reservation of rights
All rights not expressly granted by DHHRM herein are specifically and completely reserved. Nothing on the DHHRM Website or in these Terms and Conditions grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any content or property of any third party, or may be construed to mean that DHHRM has authority to grant any right or license on behalf of any third party.

8. Unrestricted forums
DHHRM at times may provide unrestricted forums on the DHHRM Website for the exchange of ideas and information by participants. DHHRM does not edit or control the information, materials, or modifications posted to, or distributed through, the forums. By posting or distributing information, materials, or modifications through the forums, you expressly abandon any proprietary rights you may have therein, and you agree that such information, materials, or modifications may be freely used, copied, and distributed by others, without your permission, in any medium throughout the world. To the extent you wish to post or distribute information, materials, or modifications to the DHHRM Website that you do not own, DHHRM requires you to obtain any necessary permissions from the third party owners before doing so. You acknowledge and agree that you will not upload, distribute, or otherwise post any information, materials, or modifications to the DHHRM Website that is libelous, defamatory, threatening, abusive, unlawful or that encourages a criminal offense; contains any viruses or other code, file, or program that is designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; infringes the copyright or other proprietary rights of any third party; or contains any advertising, promotional, or solicitation material.

9. Reviews and comments
You may have an opportunity to comment on or provide reviews of products purchased from DHHRM stores. By submitting any such comments or reviews (the “Comments”) you hereby grant to DHHRM a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, reference, store, cache, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, make publicly available and otherwise exploit such Comments on and through third-party distribution channels selected by, but not affiliated with, DHHRM, in any form, medium or technology now known or later developed, in whole or in part, for any purposes, including for both commercial and non-commercial purposes. You acknowledge and agree that you are solely responsible for all Comments that you make available. Accordingly, you represent and warrant that: (i) you are either the sole and exclusive owner of all Comments or you have all rights, licenses, permissions, consents and releases that are necessary to grant to DHHRM the rights in such Comments, as contemplated herein; and (ii) neither the Comments nor your posting, uploading, publication, submission or transmittal of the Comments or DHHRM’s use of the Comments (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights (“Intellectual Property” including copyright, trademark, trade secrets, or patents), or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

DHHRM may use your Comments for a variety of purposes (see above), including for purposes of clarity and not limitation, inclusion on the DHHRM Website, in advertisements and emails and may include your first name and last initial as well as your Comment (or excerpted portions thereof).

10. Digital Millennium Copyright Act
DHHRM respects the Intellectual Property of others and asks users of the DHHRM Website to do the same. DHHRM may, in appropriate circumstances and at its discretion, take reasonable steps to disable and/or terminate access to the DHHRM Website of users who may be repeat infringers of copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information to DHHRM’s Copyright Agent:

• a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
• b. a description of the copyrighted work that you claim has been infringed;
• c. a description of where the material that you claim is infringing is located on the DHHRM Website;
• d. your address, telephone number, and email address;
• e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• f. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. The Museum’s agent for notice of claims of copyright infringement can be reached as follows:
  • By mail: Office of the CFO DHHRM 300 N Houston St. Dallas, TX 75202
  • By email: info@dhhrm.org
  • By telephone: (214) 741-7500

11. Submissions
Any communication or material you post, transmit, or distribute to the DHHRM Website by electronic mail or otherwise, including any data or other content, questions, comments, suggestions, or the like, is and will be treated as, nonconfidential and nonproprietary. Anything you transmit or post may be used by DHHRM or its affiliates for any purpose, including but not limited to, reproduction, disclosure (to law enforcement entities or others), transmission, publication, broadcast, and posting. Furthermore, DHHRM is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the DHHRM Website for any purpose whatsoever including but not limited to, developing, manufacturing, and marketing products using such information.

12. Warranty and indemnification
By using the DHHRM Website in any manner, you represent and warrant that your use will be consistent with these Terms and Conditions, including Fair Use. You agree to indemnify, defend, and hold DHHRM, its affiliates, trustees, directors, officers, employees, or agents harmless from all claims, causes, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to your use of the DHHRM Website including third party claims of infringement or misappropriation of Intellectual Property.

13. DISCLAIMER OF WARRANTIES
DHHRM PROVIDES THE SITE ON AN “AS IS” BASIS. YOUR USE OF THE SITE, CONTENT, AND COMPILATION IS AT YOUR OWN RISK. DHHRM DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COPYRIGHT OWNERSHIP AND/OR NONINFRINGEMENT OF COPYRIGHTS OR OTHER THIRD PARTY PROPRIETARY RIGHTS. DHHRM DOES NOT WARRANT THAT THE SITE WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE. DHHRM MAKES REASONABLE, ONGOING EFFORTS TO REVISE AND UPDATE THE SITE, BUT ASSUMES NO LIABILITY FOR ANY ERRORS OR OMISSIONS, INCLUDING THE INACCURACY OF CONTENT, OR FOR ANY DAMAGES OR LOSSES THAT YOU OR ANY THIRD PARTY MAY INCUR AS A RESULT OF THE UNAVAILABILITY OF THE SITE. DHHRM ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ARISING FROM YOUR USE OF THE DHHRM WEBSITE, INCLUDING BUT NOT LIMITED TO THE REPRODUCTION OF THE CONTENT OR COMPILATION.

14. LIMITATION OF LIABILITY
NEITHER DHHRM, ITS AFFILIATES, TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS SHALL HAVE ANY LIABILITY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATED TO YOUR USE OF THE SITE, CONTENT, AND/OR COMPILATION.

15. Severance and waiver
You acknowledge and agree that in the event any provision of these Terms and Conditions shall be held by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, in any respect, the validity, legality, and/or enforceability of the remaining terms and conditions contained herein shall not in any way be affected or impaired thereby. In such event, the parties agree that such invalid term(s) or condition(s) shall be validly reformed by the court to as near approximate the intent of the parties as reflected in the provision, and if unreformable, shall be severed and deleted from these Terms and Conditions. DHHRM’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless agreed to in writing by DHHRM.

16. Venue and choice of law
These Terms and Conditions and any counterparts, amendments, or revisions thereto shall be governed and construed in accordance with the laws of the State of Texas, without regard to principles of conflicts of laws. Any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to this Agreement shall be brought in ay Federal or State court located in Dallas County and the State of Texas, and the parties hereby waive any objection that they may have to personal jurisdiction in these courts.

17. Entire agreement
These Terms and Conditions are the final and complete statement of the agreement of the parties with respect to the subject hereof and supersede all prior agreements and understandings between the parties hereto with respect to the subject hereof. In order to be binding, any amendment or modification of this Agreement must be effected by an instrument in writing signed by the parties.