Terms of Use

The “Coming of Age” web service is owned and operated by the Museum of Jewish Heritage—A Living Memorial to the Holocaust (“the Museum,” “we,” “us,” “our”). These Terms of Use (“Terms”) govern your access to and use of Coming of Age, and any information, text, graphics, or other materials uploaded, downloaded, or appearing on Coming of Age (collectively referred to as “Content”). By creating a class account with Coming of Age, you agree to be bound by these Terms. Please be sure that you have read and understood these Terms before selecting “I AGREE” or “I DO NOT AGREE” at the bottom of this page.

Eligibility

To be eligible to register for a class account, you must be a teacher or parent or guardian, and you must be at least 18 years of age. By accepting these terms of use, you certify that you are a teacher or parent or guardian at least 18 years of age.

If you are a student, please do not register and do not enter any of your personal information on this website. Instead, please ask your teacher how you can log in and participate in class activities on Coming of Age.

Class Accounts

Before teachers and their students may use Coming of Age, each teacher must register to create a class account. A parent or guardian may also create a class account to use Coming of Age at home. When you register for a class account, you become an “Account Manager.” You agree to provide only true, accurate, current, and complete information in creating your class account.

We reserve the right, in our sole discretion and without notice to you, to terminate your class account and/or to restrict your access to all or part of Coming of Age for any reason.

Privacy

The Museum is committed to building a safe and secure learning environment with the help of all teachers, parents, and guardians who register for Coming of Age. Please click here to review our current Privacy Policy, which also governs your use of Coming of Age. When you agree to these Terms, you also agree to the Privacy Policy.

As noted in the Privacy Policy, Coming of Age is not designed or intended to collect any personal information from students or from anyone under the age of 13. Moreover, children under 13 may not participate in the activities on Coming of Age without permission from a parent or guardian, or from a teacher who has authority to act on behalf of the parent or guardian. You agree not to submit any information pertaining to, any child under 13 unless: (A) you are the child’s parent or guardian; or (B) you are a teacher with authority to act on behalf of the child’s parent or guardian.

User-Generated Content

Coming of Age provides certain interactive features as part of its curriculum, to promote the sharing of ideas across schools and classrooms. Accordingly, we encourage you and your students to interact with the website, subject to the following conditions:

  • You are solely responsible for the Content that you and your students submit through your class account.
  • Please be aware that Content you post on Coming of Age generally will be visible to either (A) all members of your class, or (B) all users logged into the website, as indicated by the different features on Coming of Age.
  • By posting Content through your class account, you are giving us and those authorized by us permission to use that Content for any educational, promotional, or other standard museum purpose.
  • You will not post, or allow to be posted through your class account, any Content that is unlawful, harassing, discriminatory, libelous, obscene, false, inflammatory, pornographic, or that infringes on the rights of any third party.
  • You will only post Content that is yours or for which you have received permission from the person or entity that owns the Content and the related intellectual property rights.
  • You will not insert your own or a third party’s advertising or promotional Content into your postings;
  • You understand that the Museum may monitor or review discussions, postings, or other Content from time to time and reserves the right, in its sole discretion, to edit or remove any Content that does not comply with these conditions.
  • You understand that the Museum assumes no responsibility or liability arising from the posting of your Content or for any error, defamation, libel, omission, obscenity, danger or inaccuracy contained in any posted information or from any failure or delay in removing such Content.
  • You will not introduce any software viruses, worms, or other programs designed to damage software, hardware or telecommunications equipment.

The Museum reserves the right to monitor Content or information provided by website visitors and, in its sole discretion, to edit or remove any content that, in the Museum’s judgment, does not comply with the foregoing rules, or is otherwise objectionable, inappropriate, or inaccurate. The Museum is not responsible for any user-generated Content that is posted on Coming of Age or for any failure or delay in removing such Content.

Our Content

The Museum is the owner of the compilation of Content that is posted on Coming of Age, which may consist of text, images, audio, video, databases, design, codes, and software, among other Content. However, the Museum does not necessarily own each component of the compilation. The Content that the Museum makes available on Coming of Age may be owned by the Museum, owned by others and used with their permission (such as user-generated Content), or used in accordance with applicable law. Some Content is in the public domain and some Content is protected by third-party rights, such as copyright, trademark, rights of publicity, privacy, and contractual restrictions. Nothing in these Terms or on Coming of Age shall be construed as granting you any license to use any Content without the express written permission of the owner of the Content. If you have specific questions about the Content on Coming of Age, please contact us.

Copyright Complaints

If you have any complaints or objections to Content posted on Coming of Age because it was not properly credited or it was posted without permission and you are the copyright owner, please email us. Please include your contact information and a link to the relevant Content.

Trademarks

Many of the names, titles, trademarks, service marks, and logos that appear on Coming of Age are registered or common-law (unregistered) marks of the Museum. With the exception of fair use, you may not use the Museum’s trademarks without prior written permission. Trademarks of third parties may also appear on Coming of Age from time to time. Nothing in these Terms or on Coming of Age shall be construed as granting you any license to use any trademark without the express written permission of the owner of the trademark.

Links

Coming of Age may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Museum of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Indemnity

You agree to indemnify, defend, and hold the Museum, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless from and against any actual or alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs and expenses of defense (including, without limitation, reasonable attorneys’ and other legal fees and costs) arising out of or relating to: (1) your violation of these terms of use or any law, rule or regulation; (2) a claim that is based on your use of any Content on Coming of Age; or (3) any material uploaded by you or through your class account to Coming of Age or otherwise sent by you to Coming of Age. You will cooperate as fully and reasonably as required by the Museum in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.

Disclaimer and Limitation of Liability

Your access to and use of Coming of Age or any Content is at your own risk. You understand and agree that Coming of Age is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security, or reliability of Coming of Age or any Content thereon. The Museum will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of Coming of Age, or any Content. You also agree that the Museum has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by Coming of Age. We make no warranty that the Coming of Age will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Museum or through Coming of Age, will create any warranty not expressly made herein.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MUSEUM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE COMING OF AGE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON COMING OF AGE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM COMING OF AGE; AND (iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

General Terms

Coming of Age is operated by a U.S. entity and these Terms are governed by the laws of the State of New York, USA. You hereby consent to the exclusive jurisdiction and venue of courts in New York, USA and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of Coming of Age. You agree that all claims you may have against us arising from or relating to the Site must be heard and resolved in a court of competent subject matter jurisdiction located in the state of New York. Use of Coming of Age is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.

The failure of the Museum to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

These Terms and our Privacy Policy contain the entire agreement between you and us regarding Coming of Age, and they supersede any prior agreement between you and us regarding Coming of Age. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms or the Privacy Policy.

We may revise these Terms from time to time, and the most current version will always be posted on Coming of Age. If the revision, in our sole discretion, is material, we will notify you at the e-mail address associated with your class account. By continuing to access or use Coming of Age after those revisions become effective, you agree to be bound by the revised Terms.


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