Terms of use

In this Learning Environment survivors of the Shoah talk about their personal experiences. Please always observe the personal rights of the interviewees. Use the contents of the Learning environment only for educational, teaching and research purposes and do not publish them elsewhere on the Internet.

1. GENERAL
The Learning Environment “Remembering Westerbork. Learning with Interviews” (abbreviated: Learning Environment), is provided on the Internet by the Freie Universität Berlin in terms of technology and the Westerbork Memorial in terms of content (abbreviated: operator).
The Learning Environment contains biographical interviews with survivors of the Shoah, which were recorded in various projects, tasks and texts as well as photos and documents that complement these interviews and tasks (hereinafter collectively referred to as “the contents”).

2. PURPOSE OF USE OF THE LEARNING ENVIRONMENT
The Learning Environment is available to all persons and institutions for educational, teaching and research purposes or for the fulfilment of comparable public contracts who – if requested to do so by the Operator – can prove a legitimate interest. However, the primary purpose of the Learning Environment is to enable teachers to communicate the content of the Learning Environment.
When using the Learning Environment, the user must always ensure that the personality rights of the interviewed contemporary witnesses are taken into account.

3. PROPERTY RIGHTS
The software of the Learning Environment is protected by copyrights of the operators.

4. REGISTRATION AND CREATION OF USER ACCOUNTS
To use the Learning Environment, you must register your name on the Learning Environment homepage. Only persons who wish to use the Learning Environment for the purposes stated in point 5 may register. The access data may not be passed on to third parties. In the event of misuse, the operators are entitled to block the user account and take further legal action if necessary.
If the user is a teacher, he/she can create separate user accounts for his/her students within his/her own account (hereinafter: “student accounts”). The teachers create the student accounts anonymously for the operators, i.e. without using personal data of the students. The student changes the password when using the account for the first time, so that the teacher can only view individual work results after an invitation by the student. Before assigning a student account, the teacher will discuss with the students the terms and conditions of use of the Learning Environment, in particular with regard to the existing copyright and personal rights and the related usage restrictions.

5. PERMISSIBLE USE
The Learning Environment and its contents may only be used for educational, teaching and research purposes, in particular by teachers and pupils, but also by students, scientists, research institutions and other research and public institutions. Users have access to the conducted interviews (if available in sound and vision), the transcripts of the interviews, translations, biographies, photos and documents. Insofar as they are made for the aforementioned purposes, permissible uses are, for example, the printing of texts and images from the Learning Environment or their presentation for teaching and learning purposes. Furthermore, it is not permitted to reproduce the contents, to pass them on to third parties, to change them or to share them on the Internet or to make them publicly accessible. Legally permissible acts of use are not restricted by these terms of use.

6. PERSONAL RIGHTS AND PROHIBITIONS OF USE
When using the Learning Environment, the user must always ensure that the personal rights of the interviewed witnesses and students are taken into account and that their data worthy of protection is not disseminated or their interests are not impaired. The misuse of the Learning Environment to defame the victims of National Socialism, deny National Socialist crimes, incite the people to hatred, propagate racist or nationalist prejudices, etc. is prohibited.

7. LIABILITY
The user guarantees that the content used by him/her will only be used within the Learning Environment. The user must take all necessary precautions to prevent their misuse by third parties. In the event of misuse, the user shall inform the operator immediately and support him/her in the judicial or extrajudicial assertion of his/her rights, provide necessary information and make documents, records etc. available.

8. DISCLAIMER OF LIABILITY
Claims for damages against the operators are excluded regardless of the legal basis, unless the operators, their legal representatives or agents have acted intentionally or grossly negligent. The above limitation of liability does not apply to claims for damages resulting from injury to life, limb or health or the assumption of a guarantee of quality or fraudulent concealment of defects by the operators. The operators are not responsible for the statements made in the interviews.

9. APPLICABLE LAW AND FINAL PROVISIONS
German law applies. Place of performance and exclusive place of jurisdiction is, as far as legally permissible, Berlin. The operators reserve the right to change or amend these terms of use with effect for the future.