1. SCOPE

Jacobs Foundation, Seefeldquai 17, 8008 Zurich, Switzerland (“we” or “Digital Museum of Learning”), is the operator of the Digital Museum of Learning, available at www.museumoflearning.org, and its related services (the “Platform”).

The Digital Museum of Learning is an initiative of the Jacobs Foundation. It is a global online museum for children and educators that brings artifacts from around the world to life on the screen. The digital exhibitions and stories on the Platform are designed to engage and inspire learners of all ages. The Digital Museum of Learning partners with museums around the world to digitize their artworks and artifacts and feature them in interactive stories (the “Digital Assets”). The exhibitions take the users on a journey to explore exciting topics in education. In the Teacher Zone, users can create learning journeys tailored to their classes (the “Teacher Zone”). Each story has downloadable teaching resources, including worksheets and links to partner resources to make learning more engaging.

Content provided by the Digital Museum of Learning may take various forms, including, but not limited to, text, images (single and galleries), audio, video, 360° video, interactive video and motion graphics, 3D objects, maps, interactive infographics and pictures, polls, and surveys (the “Digital Museum of Learning Content”).

These Terms of Use (the “Terms”) govern and apply to your access to this Site and your use of the Platform and any mobile application associated with the Platform. By accessing and using the Platform or any related mobile application, you agree to comply with these Terms. You may not access and use the Platform if you do not agree to the version of the Terms posted on the Platform at the time of your access or use.

Subject as the case may be to an individual contract, these Terms constitute the sole agreement and covenant between the Digital Museum of Learning and you as a user with respect to the scope of these Terms. They will supersede any other agreement or covenant, including, but not limited to, any terms and conditions of you or the legal entity on behalf of which you access and use the Platform.

All content provided on this Platform is owned by or licensed to the Digital Museum of Learning by third parties and is protected by Swiss and international copyright laws. The Digital Museum of Learning and, where applicable, its licensors, retain all proprietary rights to such content or any part thereof. Any use of such content is strictly subject to and must be in accordance with these Terms and, where applicable, an individual contract.

Your personal data will be processed in accordance with Article 10 of these Terms and the Privacy Policy. The current Privacy Policy is available at https://www.museumoflearning.org/privacy-policy.

PLEASE NOTE

THAT THIS PLATFORM AND ANY CONTENT THEREON IS PROVIDED BY THE DIGITAL MUSEUM OF LEARNING ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE DIGITAL MUSEUM OF LEARNING MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE, THE PLATFORM, OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED THEREON. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS PLATFORM IS AT YOUR SOLE RISK. THE DIGITAL MUSEUM OF LEARNING EXCLUDES ANY LIABILITY FOR ANY LOSS, COST, OR DAMAGE (WHETHER DIRECT OR CONSEQUENTIAL) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS PLATFORM BY THE USERS.

2. REGISTRATION

2.1 Registration on the Platform

Users may access the Platform generally without any registration. It is possible to access the content, such as online exhibitions, stories, and resources, without registering.

However, it is necessary to create a user account (an “Account”) in order to use the functions provided in the Teacher Zone. Functions available solely with an Account are, inter alia, the saving of favorite content, tracking progress and achievements, or creating customized Learning Journeys for use with a class.

Users can access a customized Learning Journey that another user shared via a link or QR code without registering. To access a Learning Journey, they are required to enter a freely chosen username and password. This password is set by the creator of the customized Learning Journey in the Teacher Zone and requires an Account.

The Account requires a valid email address, the choosing of a display name, the given name and surname, and a password (the “Login Data”). Users must register personally and are encouraged to provide their real names. Users warrant and represent that all the data provided for registration is accurate. Users may freely choose a display name as long as the chosen name does not violate the law or the rights of any third party and does not consist of the name of a country or a category of service unless this is part of the user’s formal name. There is no right to the assignment of a specific display name.

The email address serves to communicate with the Digital Museum of Learning. The Platform might send you automated messages concerning your account to this email address.

Users are responsible for keeping the Login Data confidential. Users are prohibited from granting access to third parties to their Account without the express consent of the Digital Museum of Learning. In the case of unauthorized access to their Accounts, users must immediately notify the Digital Museum of Learning.

Any natural person or legal entity may register as a user. Only persons of legal age (at least 18 years old) are permitted to create an Account for the Teacher Zone, and only one user account per individual is allowed.

For technical reasons, it is impossible for the Digital Museum of Learning to determine with certainty whether any user is, in fact, the person they claim or represent to be. Therefore, the Digital Museum of Learning assumes no liability for the actual identity of any user.

The Digital Museum of Learning reserves the right to deny the creation of an Account if there are indications of misconduct, and to delete existing Accounts in the event of an infringement of these Terms.

2.2 Registration through Social Media

We may provide access to the Platform through social networking sites (a “Social Media”). To the extent that such access is available and users choose to access the Platform through Social Media, they agree that the Digital Museum of Learning may access, make available, and store (as applicable) any information, data, text, messages, tags, and/or other materials accessible through the Platform that they have provided to and stored in their Social Media account so that it is available on and through the Platform via their account and profile page. The use of Social Media to access the Platform (including any request they have made to make a Platform posting anonymous, as well as personally identifiable information that they post to that Social Media) may be displayed on the Platform. The users are solely liable for using the Social Media and any privacy settings they may register with the Social Media. In any event, if users have decided to sign up for the Platform through Social Media, they are required to provide their real name, address, and other identifying material to the Platform upon request.

The relationship of users with the relevant Social Media is governed solely by their agreement with such Social Media, and the Digital Museum of Learning hereby excludes any liability for personally identifiable information that may be provided to us by Social Media in violation of the privacy settings that users have set with that Social Media account.

3. USE OF THE PLATFORM

3.1 No Warranty on the Digital Museum of Learning Content

The Digital Museum of Learning expressly disclaims any warranty of any kind on the Digital Museum of Learning Content as per Article 6.

3.2 General Use

Users may access and use the Platform in accordance with these Terms at any given time. Users may use the different services and functionalities on the Platform as available from time to time.

The Digital Museum of Learning reserves the right to modify the services and functionalities offered on the Platform and/or to provide services that differ from those offered at the time of the user’s registration at any time. However, the Digital Museum of Learning will take the user’s interests into account and refrain from making changes that are unreasonable for the user.

3.3 License to Use

You are required under Swiss copyright law, the equivalent laws of other countries, and international treaties to respect the copyrights of the Digital Museum of Learning and/or third parties, to use their works subject to the terms and conditions of their respective licenses and applicable law. You may only copy, modify, distribute, store, and otherwise use the Digital Museum of Learning Content in accordance with a license to do so or as may otherwise be permitted under applicable law.

The Digital Assets on the Digital Museum of Learning are offered for license to you by the Digital Museum of Learning on the terms and conditions outlined in the Creative Commons Attribution 4.0 International (CC BY 4.0) license. Unless provided otherwise on the Platform, you may view and download (including sharing and embedding on your website) the Digital Assets and learning resources on the Digital Museum of Learning. You must give appropriate credit, link to the license, and indicate if changes were made to any material downloaded from the website you redistribute.

For details on the license terms offered by the Digital Museum of Learning, please refer to the following link: https://creativecommons.org/licenses/by/4.0/legalcode.

By downloading, printing, or using the Digital Museum of Learning Content in any manner, you represent and warrant that such use will be consistent with this license and that it will not infringe on or violate the rights of any other party, or breach any contract or legal obligation with any other party.

4. USERS’ DUTIES

Users undertake to ensure that any use of the website or the Platform and any content placed thereon does not violate any applicable law or morality by its content, matter, or form. It is explicitly forbidden to publish or provide content that constitutes, relates to, or contains:

1. racism;

2. glorification or overexposure of violence and extremism of any kind;

3. encouragements or incitements to commit crimes or violate the law, threats against limb, life, or property;

4. agitation against individuals or companies;

5. statements violating personality rights, libels, defamations of the Digital Museum of Learning, other users or third parties, and violation of Unfair Competition Law;

6. copyright infringements or other infringements of intellectual property law;

7. foul language;

8. sexual harassment of users or third persons;

9. pornography;

10. offensive, sexist, obscene, crude, repulsive, or nauseating materials, manners, or mode of expression;

11. religious proselytizing;

12. applying software, scripts, and databases in connection with the use of the Platform;

13. automatic readout, blocking, overwriting, modification, or copying of data and/or other content unless necessary for the use of the Platform;

14. software or automated agents introduced to the Platform, or access the Platform to produce multiple accounts, generate automated messages and/or strip or mine data from Platform;

15. automated placement of content unless in accordance with these Terms and/or expressly permitted by the Digital Museum of Learning;

16. attempts to manipulate any other users’ profiles;

17. attempts to obtain the Login Data of other users by any means.

Should any problems occur while using the Platform or its features, users will inform the Digital Museum of Learning immediately. Users will also notify the Digital Museum of Learning if they become aware that content published by others obviously violates applicable law or the rights of third parties or infringes on Section 4 of these Terms.

5. RIGHT OF USE REGARDING USER-PROVIDED CONTENT

The Digital Museum of Learning does not claim ownership of the content that users submit to the Platform while creating a customized Learning Journey, but in order to be able to legally provide the Platform to all users, we may need to obtain certain rights to use such content in connection with the Platform, as set forth below.

By submitting any content to the Platform, users hereby grant to the Digital Museum of Learning an unrestricted, irrevocable, perpetual, non-exclusive, transferable, fully paid-up, and royalty-free license to use such content in order to provide and improve the services required by the user in accordance with these Terms. No compensation will be paid with respect to the content that you submit to the Platform.

Users warrant and represent that all content submitted is free of any opposing intellectual property of third parties and guarantees that the license granted above can legally be granted to the Digital Museum of Learning.

User-generated, customized Learning Journeys are only to be used for educational purposes within a class. The access code to a customized Learning Journey shall not be shared publicly on websites or blogs.

6. WARRANTY AND LIABILITY FOR THE PLATFORM OPERATION AND FUNCTIONALITIES AND THE DIGITAL MUSEUM OF LEARNING CONTENT

This provision governs the warranty and liability of the Digital Museum of Learning with respect to the operation of the Platform, its functionalities, and with respect to the Digital Museum of Learning Content.

The Digital Museum of Learning endeavors to offer a steady service free of interference. However, this applies to services over which the Digital Museum of Learning has influence. The user acknowledges that full and complete availability of the Platform at all times is technically impossible. The Digital Museum of Learning may limit the accessibility of the Platform partially, temporarily, or permanently for reasons such as maintenance work, capacity issues, or because of other issues outside its sphere of influence.

The Digital Museum of Learning assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to or alteration of any communication with other users. The Digital Museum of Learning is not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or the Platform or combination thereof, including any injury or damage to visitors or to any person’s computer related to or resulting from participation or downloading materials in connection with Platform. Under no circumstances shall the Digital Museum of Learning be responsible for any loss or damage resulting from the use of the Platform or from any content posted on the Platform or transmitted to users or any interactions between users of the Platform, whether online or offline.

The Platform is provided “as is” and as available. The Digital Museum of Learning expressly disclaims any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. The Digital Museum of Learning does not warrant that: (1) the Platform will meet your requirements or (2) the results that may be obtained from using the Platform will be accurate or reliable.

The Digital Museum of Learning Content provided on the Platform to users may include content intended for education. Though the Digital Museum of Learning endeavors to offer educational content that is in line with the best practice in the field, such content is merely indicative of what the Digital Museum of Learning believes is fit for purpose. The availability of such content on the Platform does not constitute any warranty or representation that such content is fit or appropriate to fulfill any purpose of the individual users. In particular, no warranty, whether express or implied, is made that the content included in the Platform will meet your requirements or that the results that may be obtained from the use of the Digital Museum of Learning Content and/or services will be accurate, reliable and as expected by the user.

To the maximum extent permitted by applicable laws, the Digital Museum of Learning is not liable for negligent breaches of duty. The Digital Museum of Learning’s liability for malice, gross negligence, injuries to persons, and liability according to mandatory legal provisions remains unaffected by the aforementioned limitations of liability.

The limitation of liability applies to damages caused by authorized auxiliary persons as well. The Digital Museum of Learning is not liable for acts of users or third parties. These persons do not act as vicarious agents of the Digital Museum of Learning. Liability for indirect or consequential damages is excluded to the extent permitted by law.

7. INDEMNIFICATION

Users will keep the Digital Museum of Learning and its employees or agents indemnified against all claims of third parties regarding alleged or actual violations of rights and liberties and/or violations of third-party rights by acts of the users in connection with the use of the Platform and/or content provided by the users.

Users will compensate the Digital Museum of Learning for all costs incurred by claims of third parties against the Digital Museum of Learning. Eligible costs include costs for appropriate legal actions and defense that arise for fighting claims of third parties. In this case, the Digital Museum of Learning will immediately inform the user about the required legal measures.

8. INTELLECTUAL PROPERTY RIGHTS

The Digital Museum of Learning and/or its licensors (i.e., notably artists and/or museums) own and retain all proprietary (and intellectual property) rights in the Digital Museum of Learning Content. The Digital Museum of Learning owns and retains all property rights in the Platform.

As the case may be, the user can be granted a license on the Digital Museum of Learning Content according to Article 3.3 above.

Digital Museum of Learning is a registered trademark of the Jacobs Foundation. The trademarks, logos, and service marks (“Marks”) displayed on the Platform are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent.

9. LINKS TO THIRD-PARTY WEBSITES

The Platform may contain links to third-party websites. The Digital Museum of Learning does not monitor or have any control over and makes no claim or representation regarding third-party websites. To the extent that such links are provided on the Platform, they are provided only as a convenience. A link to a third-party website does not imply our endorsement, adoption, sponsorship of, or affiliation with, such a third-party website. When the users leave the Platform to visit a third-party website, these Terms no longer apply.

10. DATA PRIVACY

The collection and processing of your personal data by the Digital Museum of Learning are set out in the Privacy Policy. This forms an integral part of these Terms. The Privacy Policy can be accessed by clicking on “Privacy Policy” under the respective header on the Digital Museum of Learning’s website.

You hereby agree to the use of your personal data to personalize certain features and services on the Platform. For that purpose, the Digital Museum of Learning may profile the personal data provided by you.

Apart from that, the Digital Museum of Learning only uses your data in legally permissible cases. To the extent that the Digital Museum of Learning uses your data for a purpose requiring your approval according to legal obligations, the Digital Museum of Learning will ask you for your explicit approval. You may revoke any approval you have given at any time and/or object to the future use of your data.

11. FINAL PROVISIONS

The Digital Museum of Learning reserves the right to amend these Terms at any time without stating reasons. The new Terms will be displayed during the login procedure or may be sent to the users by email. By continuing to use the Platform, the users agree to the changes. The same applies if – in the case of the new Terms being sent via email – the user does not object to the application of the new Terms within two weeks of receipt of the email. In the event of the user’s refusal, the Digital Museum of Learning may terminate the access without notice. If any provision or clause of these Terms shall be held invalid, this invalidity shall not affect any other provisions. The invalid provision shall be deemed to be replaced with a legally effective provision that comes as close as possible to the commercial sense and purpose of the invalid provision. The same shall apply to any gap in these Terms.

The Digital Museum of Learning is entitled to transfer this contract with all its rights and duties to any third party.

These Terms, as well as any other contract between the user and the Digital Museum of Learning, are exclusively governed by substantive Swiss law, without reference to its conflict of laws provisions.

The place of performance, as well as the exclusive place of jurisdiction with regard to any dispute arising from or in connection with these Terms, the content, products, and/or services available on the Platform, or any other relationship between the user and the Digital Museum of Learning irrespective of the legal basis, shall be the City of Zurich, Switzerland. The Digital Museum of Learning shall be entitled to bring lawsuits against users also before other courts as provided for by applicable law.

Zurich, April 26, 2023