Terms of Use

Acceptance of the Terms and Conditions

The Kindertransport Association (“KTA”) created its website to support its mission to serve as a meeting point for children who escaped the Nazi regime via the Kindertransport, and their descendants, and as a resource for the documentation, education, and collection of their stories. Visitors are encouraged to use this website for personal, educational, research, and other purposes in accordance with these Terms.

The KTA is a 501(c)3 not-for-profit organization recognized by the United States that unites these child Holocaust refugees and their descendants. The KTA shares their stories, honors those who made the Kindertransport possible and supports charitable work that aids children in need. 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 KTA reserves the right to take any recourse it sees fit to address any such violation in accordance with these Terms.

By using this website, you agree to abide by the following Terms of Use. This Terms of Use Agreement (this “Agreement”), states the terms and conditions under which you may use this website (the “Site”).  Please read this Agreement carefully.  This Site contains various information relating to the Kindertransport Association (“KTA” or “We”) in the form of text, graphics, news, reports, and other materials (tangible or intangible) (“Content”).  By accessing, browsing and/or using this Site you acknowledge that you have read, understood and agree to be legally bound by this Agreement.  If you do not accept this Agreement (and therefore do not agree to be bound by this Agreement), do not use this Site. We reserve the right to amend this Agreement at any time by posting the amended terms on our Site.

Ownership and Intellectual Property

The Kindertransport Association owns the compilation of content that is posted on its website, including its text, images, audio, video, design, databases, codes, and software (“Content”). This does not mean that the KTA 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.

Restrictions on Use of Materials and Content

The KTA 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 KTA’s online catalog. Restrictions may be required by an agreement between the KTA and the donor of the Content, based on KTA policy, or based on the KTA’s interpretation of law. The KTA 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 KTA 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 website@kindertransport.org.

You acknowledge that this Site contains Content that is protected by copyrights, trademarks, service marks, trade secrets, patents, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Content is and shall remain the property of the Kindertransport Association or any other party (each a “Contributor”) who has been involved in the preparation or publication of the Content.

You shall at no time assert any claims of ownership over any content by reason of your use of or any right to use this Site and shall not grant or create or suffer to exist any lien or other security interest arising therefrom.  You agree to comply with all copyright and trademark laws and you shall not encumber any interest in, or assert any rights to, the Content.

You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. You may print copies of the Content, provided that these copies are made only for personal, non-commercial use and that you maintain any notices contained in the Content, or maintained by the Contributor, such as all copyright notices, trademark legends, or other proprietary rights notices. You shall not store electronically any significant portion of any Content. The Kindertransport Association authorizes you to view and use the Content on this Site solely for your personal, noncommercial use. The use of the Content on any other site, including by linking or framing, or in any networked computer environment for any purpose is prohibited without the Kindertransport Association’s prior written approval.

For permission to use content from this website or from a newsletter authored and distributed by The Kindertransport Association, request written permission and provide full attribution. Permission should be requested by contacting info@kindertransport.org. Attribution for website content should be given as follows: “Reprinted with permission from the Kindertransport Association.” Attribution for newsletter content should be given as follows: “This article reprinted with permission from the Kindertransport Association.”

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 KTA 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 KTA, 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 KTA 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:

  1. Cite the “Kindertransport Association” (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. More information about how to cite materials is available here via the U.S. Holocaust Memorial KTA: How to Cite KTA Materials.
  2. Link to the KTA’s website as the source of the Content, where possible.
  3. Reproduce any copyright, trademark, or other proprietary notices, including attribution, information, credits, and notices, that are listed as required when using the Content; and
  4. Ensure that you do not state or imply that the KTA endorses you, any third party, or any products, services, or opinions.

Content Marked As Having No Restrictions on Use or Marked As In The Public Domain:

This Content may be used without receiving additional written permission from the KTA.

Content Marked As Having Usage Restrictions:

Content must be used in accordance with usage restrictions for personal, educational, and other noncommercial uses. If usage restrictions require prior written permission from the KTA or if your proposed use is for commercial purposes, you may send your request to website@kindertransport.org.

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 KTA before using (e.g., where the usage restriction states that permission is required).
  2. Is it 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 KTA does not consider this a commercial use of Content.
  3. May I use the KTA’s logo on my website?
    • No. You may not use the KTA’s logo or other trademarks without the KTA’s prior written permission. Exceptions may apply if the logo is already integrated into Content that the KTA 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 KTA 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 KTA 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 KTA 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 KTA is needed.
  6. Do I need permission to link to the KTA’s website on my website, blog, or other social media page?
    • No, permission is not needed to link to the KTA’s website. If you choose to link to the KTA’s web site, you may not present the link in a manner that states or implies that the KTA 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 KTA has made embeddable?
    • No, permission is not needed to embed videos that the KTA has made embeddable. We request that you credit the “The Kindertransport Association” as the source of the embedded video as well as any other credited sources cited in the materials. If you choose to embed a video from the KTA’s web site, you may not present the video in a manner that states or implies that the KTA 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 KTA cannot assist in this determination. Additional information about fair use can be found here.
  9.  Can the KTA revoke permission that has been granted or request or demand that I stop using Content in a particular manner?
    • Although rare, the KTA 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 KTA 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 KTA mean the KTA endorses my particular opinion, view, product, or service?
    • No. The KTA grants permission to use its Content when doing so does not violate any applicable restriction, KTA policy, or applicable law. Permission given by the KTA does not imply endorsement of any person, product, service, or opinion, and you should not state or imply otherwise.

DISCLAIMER OF WARRANTY

THE CONTENT PROVIDED ON THIS WEBSITE IS PROVIDED AS A SERVICE TO MEMBERS OF THE PUBLIC. INFORMATION PRESENTED ON THIS WEBSITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY.  NO INFORMATION PRESENTED ON THIS WEBSITE CONSTITUTES LEGAL ADVICE, NOR DOES IT CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN THE KINDERTRANSPORT ASSOCIATION AND ANY OTHER PARTY.

YOU ACKNOWLEDGE AND AGREE THAT THIS SITE AND THE CONTENT THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  NONE OF THE KINDERTRANSPORT ASSOCIATION, ANY OF ITS MEMBERS, AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “THE KINDERTRANSPORT ASSOCIATION PARTIES”) GUARANTEES THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY OF THE CONTENT.

NONE OF THE KINDERTRANSPORT ASSOCIATION PARTIES WARRANTS THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THIS SITE, ITS SERVER OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THIS SITES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS.  YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS SITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.

NONE OF THE KINDERTRANSPORT ASSOCIATION PARTIES MAKES ANY, AND HEREBY SPECIFICALLY DISCLAIMS ANY, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS SITE OR ANY CONTENT, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL OF THE KINDERTRANSPORT ASSOCIATION PARTIES DISCLAIM ANY WARRANTIES WITH RESPECT TO ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL ANY OF THE KINDERTRANSPORT ASSOCIATION PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE WEB SITE.  IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR ANY CONTENT AVAILABLE THROUGH THE WEB SITE.

IN NO EVENT SHALL ANY OF THE KINDERTRANSPORT ASSOCIATION PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE CONTENT, SERVICE, OR THIS AGREEMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

BECAUSE SOME JURISDICTIONS  DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS THE KINDERTRANSPORT ASSOCIATION PARTIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THIS SITE.

Links to Other Sites

As a convenience to you, this Site may periodically provide links to third party websites through links available on this Site including websites of entities that are affiliated with the KINDERTRANSPORT ASSOCIATION (“Third-Party Sites”) where we feel it is appropriate. Lists of links are not complete lists of relevant and/or useful internet resources.  Our decision to link to a Third-Party Site is not an endorsement of the content in that linked Third Party Site. WE ARE NOT RESPONSIBLE FOR THE CONTENT OF ANY THIRD PARTY WEB SITE, NOR DO WE MAKE ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE CONTENT (OR THE ACCURACY, CURRENTNESS, OR COMPLETENESS OF SUCH CONTENT) ON ANY THIRD PARTY WEB SITES, AND THE KINDERTRANSPORT ASSOCIATION SHALL HAVE NO LIABILITY OF ANY NATURE WHATSOEVER IN RELATION TO ANY OF THE FOREGOING.  You should take precautions when downloading files from all Sites to protect your computer from viruses and other destructive programs.  If you decide to access linked Third-Party Sites, you do so at your own risk. You should direct any concerns to the Third-Party Sites’ administrator or webmaster.

No Framing Allowed

Elements of this Site are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part by any means, including but not limited to, the use of framing or mirrors.  None of the Content for our Site may be retransmitted without the express written consent of The Kindertransport Association.

Copyright Complaints

The designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act is  Kindertransport Association President, PO Box 1444, New York, NY 10011, info@kindertransport.org

Use of Personally Identifiable Information

The Kindertransport Association’ practices and policies with respect to the collection and use of personally identifiable information is governed according to The Kindertransport Association’ Privacy Policy.

Termination

The Kindertransport Association reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of our Site or the Content, at any time and for any reason without prior notice or liability. The Kindertransport Association reserves the right to change, suspend, or discontinue all or any part of this Site or the content at any time without prior notice or liability.

User Must Comply with Applicable Laws

The Kindertransport Association makes no claims concerning whether the Content may be downloaded or are appropriate for use outside of the United States.  If you access this Site from outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

Miscellaneous

In the event that any portion of the Agreement is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the Agreement shall remain in full force and effect.  The paragraph headings herein are provided only for reference and shall have no effect on the construction or interpretation of the Agreement. The Kindertransport Association’ failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of its right to subsequently enforce such provision or any other provision of this Agreement.  Neither the course of conduct between parties nor trade practice shall act to modify any provision of the Agreement. The Agreement shall be governed by and construed in accordance with the laws of the State of New York, except with regard to its conflicts of law rules.  Any action relating to the Content, Site or this Agreement must be brought in the federal or state courts located in Washington, D.C., and you hereby irrevocably consent to the jurisdiction of such courts.  Any cause of action you may have with respect to the Content, Site or this Agreement must be commenced within one (1) year after the claim or cause of action arose, or be barred. This Agreement contains the entire agreement of the parties for this Site and supersedes all existing agreements and all other oral, written or other communication between the parties concerning its subject matter. You agree to use the Content and Site only for lawful purposes. You are prohibited from any use of the Content or Site that would constitute an illegal offense, give rise to liability or otherwise violate any applicable local, state, national or international law or regulation.