Survival & Witness | Terms of Use

The Holocaust Awareness Institute (“HAI”), a public outreach and educational arm of the University of Denver’s Center for Judaic Studies, developed the “Survival & Witness” website as part of its mission to support Colorado teachers, students, and the general public about the history and memory of the Holocaust.

The following detailed terms and conditions (“Terms of Use”) govern your use of or access to the “Survival & Witness” website (“Website”), including all content, information, and functionality displayed or available through the Website. If you do not agree to be bound by these terms of use, please immediately stop accessing or using this Website. By using the Website, you have agreed to be bound by these Terms of Use.

Users are encouraged to access the Website for educational and research purposes in accordance with the Terms of Use. Educational and research purposes include but are not limited to referencing or incorporating content into lectures, lesson plans, or other course work. HAI encourages users to quote, describe, reference, or include Website information in lectures, lesson plans, and other educational uses provided all Terms of Use are complied with. Users are responsible for determining fair use under copyright law; HAI cannot assist in making this determination.

Any and all use of materials presented on this website must be respectful of the history and memory of the Holocaust and any individual victims or survivors, whether known or unknown, and will be determined solely by HAI. Any and all use of materials presented on this website or any reference to HAI, the University of Denver (“DU”), or the Center for Judaic Studies (“CJS”) that distorts, discredits, denies, or glorifies the Holocaust, or any use that promotes antisemitism or the targeting of any other religion, race, sexual orientation, ethnicity or minority affiliation will not be tolerated. HAI, CJS and the University of Denver reserve the right to take any and all legal recourse to address any violation of these Terms of Use.

I. Ownership and Intellectual Property

HAI owns the compilation of content that is posted on this website, including its text, images, audio, video, design, and functionality (“Content”). DU does not own each and every component of the Content or the intellectual property rights to each component of the Content. HAI has endeavored to identify all Content and intellectual property rights used and where relevant has received the owner(s)’ permission in accordance to law.

Any copyright owner or its agent that believes that any Content on the Website infringes upon its copyright(s) should give written notice to HAI in accordance with the Digital Millennium Copyright Act (“DMCA”). The notice to HAI shall contain the following information:

  • A physical or electronic signature of the copyright owner or the individual authorized to act on behalf of the owner of a copyright that has allegedly been infringed upon;
  • Identification of the copyrighted work claimed to have been infringed, or a representative list of such works;
  • Identification of the copyrighted work that is claimed to be infringing or to be the subject of infringing activity that is reasonably sufficient to permit HAI to locate the material;
  • The contact information of the copyright owner or the individual authorized to act on behalf of the copyright owner, such as an address, telephone number, and, if available, an email address;
  • A statement that the copyright owner or the individual authorized to act on behalf of the copyright owner has a good faith reasonable belief that the particular use of the identified material is not authorized by the copyright owner, its agent, or the law; and
  • A statement, under penalty of perjury, that the information in the notification is accurate, and that the individual submitting the notice is authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
  • Written notice shall be sent to: HAI / Center for Judaic Studies / Sturm Hall, 2000 E Asbury Ave #157, Denver, CO 80208

II. Restrictions on Use of the Content

HAI endeavors to provide accurate information within Website Content. HAI cannot guarantee that information it provides regarding Content is correct in each circumstance. Licensing of third party Content to HAI may be subject to restrictions other than copyright. It is the end-user’s obligation to determine and satisfy copyright or other restrictions when accessing or using Content.

Users may view, access, download or print hard copies of the Content for your personal, educational, and non-commercial use only. You may not change the Content in any way, or reproduce, publicly display, distribute, or otherwise use them for any commercial purpose.

When using Content, the user agrees to:

  1. Identify the University of Denver (DU) and Holocaust Awareness Institute (HAI) as the source of the Content. This identification should appear in close proximity to each reproduced image, text, or other Content excerpt. DU and HAI reserve the right to demand that you cease and desist from use of the Content if your use is in violation of these Terms of Use.
  2. Identify any copyright or other attribution or credit accompanying Content in any reproduction made for educational or other non-commercial purposes.
  3. Take reasonable steps to avoid appropriating the “Survival & Witness,” DU, CJS, or HAI logos for personal, professional, or organization use. If the logos are embedded into Content, this restriction does not apply. The Terms of Use shall not be construed as granting a license to use any third-party logo or trademark that may be displayed on this Website.
  4. Avoid stating or implying that DU, HAI, or CJS endorses you, your organization, products, services, or opinions. Users may link to the Website provided no such endorsement is implied and provided all other Terms of Use are complied with.

Users are Prohibited from:

  1. Using the Website or its Content in any unlawful or inappropriate manner as determined by HAI, or in any other manner that could damage, disable, overburden, or impair the Website;
  2. Using automated scripts to collect information from or otherwise interact with the Website;
  3. Impersonating any person or entity, or falsely stating or otherwise misrepresenting yourself, your qualifications, and/or your affiliation with any person or entity in any communication with HAI, CJS, or DU through the Website

III. Third-Party Websites

The Website may contain links to the websites of third parties that are not under the control of DU, CJS, or HAI. These links are provided for convenience and for informational or educational purposes only, and do not indicate 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. HAI 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 Website.

IV. Changes to These Terms

HAI reserves the right to change these Terms of Use without prior notice. Any such change will be effective as of the date they are published online. HAI’s failure to enforce any of these Terms shall not constitute a waiver of these Terms.

V. Warranties and Indemnification

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 fitness for a particular use, copyright ownership, and/or non-infringement or other third-party proprietary rights. HAI shall not be responsible or liable for any damages or losses that may occur to users or third parties due to use of the Website and/or the Content. HAI may update or remove any Content at any time without prior notice.

By using this Website, users represent and warrant that use will be consistent with these Terms of Use. To the extent permitted by law, you agree to release, indemnify, and hold HAI, CJS, and DU harmless from all claims, causes of action, allegations, costs, expenses (including legal expenses), judgments, liabilities, losses, and damages arising from and relating to your use of this Website and/or any Content.

VI. Applicable Law and Jurisdiction

These Terms of Use shall be governed by applicable Colorado State 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 court of competent jurisdiction located in Denver County, Colorado.

VII. Additional Questions

Please contact HAI’s web master with any further questions: