Without limiting the specific terms below, which are important for you to read and understand, we encourage you to use the Content as long as you comply with these Terms, which can be generally summarized as follows:
While we encourage you to use our resources for your research or other noncommercial purposes, we want to ensure that our Content is afforded proper citation in all cases where it is used publicly. If you cite or display any Content, or reference the Allen Institute for Brain Science, in any format, written or otherwise, including print or web publications, presentations, grant applications, websites, other online applications such as blogs, or other works, use the proper citation in our Citation Policy when acknowledging the Allen Institute and our online resources.
Unless otherwise stated, we own or have a license to all of the Content on the Sites. The Content includes everything you see, hear or otherwise receive from, and anything you download or otherwise use from, the Sites, including viewable data files, images, illustrations, designs, video, icons, photographs, text, sounds, music, code, services, data, tools and the Sites as a whole. The Content and the selection and arrangement of the Content are protected by United States and international copyright, trademark and other laws. Nothing in these Terms transfers to you any right, title or interest in any Content, including any intellectual property or content of third-party websites included on the Sites.
You may use, copy, distribute, publicly perform, publicly display or create derivative works of the Content (except our name, trademarks or logos pursuant to the Trademarks section below) for research or other noncommercial purposes. Any derivative works (defined as "Improvements" below) are subject to the "Freedom to Innovate and Rights to Improvements" section of these Terms. In addition, where the Content contains links to downloadable software applications, services or tools, you may download and use such applications, services or tools as long as you adhere to any license terms and conditions provided with those applications, services or tools.
You may not redistribute the Content or Improvements for commercial purposes without our written permission. For purposes of these Terms, commercial use is the incorporation of the Allen Institute's Content into anything that is designed for the purpose of sale; however, because we encourage use of our Content for research and academic publication, you may, without obtaining further license or permission, publish a limited set of the Content in a scholarly journal, textbook or other professional, academic or journalistic publication (with appropriate citation) and still be compliant with these Terms.
You may not post Content on social media or other third-party websites that require you to acknowledge that you own the Content you post (e.g., YouTube, Flickr and Twitter). You agree that you will not use the Sites in any manner that would violate anyone else's rights, such as copyright, trademark, patent, privacy or other rights. This includes removing any copyright, trademark or other proprietary notices from the Content. You may not create hyperlinks to the Sites that portray the Allen Institute in a false or misleading light. You agree that you will only make lawful use of the Sites in compliance with all federal, state, and local laws and regulations.
Freedom to Innovate and Rights to Improvements
You may, and are encouraged to, develop new methods, applications, interfaces or other inventions or works that improve the use of, and build upon, the Content (collectively, "Improvements"). In order to make the Content available to you and others, however, we must preserve our freedom to innovate. If you develop an Improvement based on or utilizing the Content, and you obtain any proprietary rights in or to that Improvement, you and your successors or assigns agree that you will not assert any claim for infringement against the Allen Institute for our use of any Improvement that was independently developed by or on behalf of the Allen Institute. Additionally, we retain our rights, title and interest in any Content that is part of or is used by you to create an Improvement.
The Allen Institute for Brain Science (logo and words), Allen Brain Atlas, Allen, Brain Explorer and Fueling Discovery are registered trademarks of the Allen Institute. Other trademarks appearing on our Sites are the property of their respective owners. Unless otherwise specified in the Citation Policy, use of any of our trademarks is subject to the prior written permission of the Allen Institute. All trademarks, service marks, trade names and trade dress on the Sites are owned by or licensed to the Allen Institute, and may not be used in connection with your use of the Content or in any manner that is likely to cause confusion or that disparages or discredits the Allen Institute. If you are an owner of a trademark that appears on our Sites and believe your trademark is used in error, please contact us at: firstname.lastname@example.org.
We respect the intellectual property rights of others and request that you do the same. Anyone who believes that their work has been reproduced in the Sites in a way constituting copyright infringement may provide a statutory notice to the Copyright Agent for the Sites in the following manner:
State Fundraising Notice
As a registered 501(c)(3) non-profit organization, we rely on private support to be able to continue our research. In connection with our fundraising activities, many states require us to register as a charitable organization and have our financial reports available. Registration with a state agency does not constitute or imply endorsement, approval or recommendation by that state.
The Sites contain links to third-party websites. The links to third-party websites are provided as a convenience to you. We are not responsible for the content found on any linked third-party website and do not endorse any third-party website or their goods or services. If you choose to use a third-party website, you will be subject to the terms and conditions of use that apply to such third-party website.
THE SITES AND THE CONTENT ARE PROVIDED "AS IS," WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED. THE ALLEN INSTITUTE DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITES AND THE CONTENT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIS DISCLAIMER APPLIES TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SITES OR THE CONTENT, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES AND THE CONTENT.
Limitation of Liability
IN NO EVENT SHALL THE ALLEN INSTITUTE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSEES, LICENSORS, CONTRIBUTORS, FOUNDERS OR ADVISORS, OR ANY OTHER PERSON WHO HAS BEEN INVOLVED IN THE CREATION OR PRODUCTION OF THE SITES OR THE CONTENT (COLLECTIVELY, "RELEASED PARTIES") BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF THE USE OF, THE INABILITY TO USE, OR ERRORS, OMISSIONS, INTERRUPTIONS OR OTHER INACCURACIES IN, THE SITES OR THE CONTENT, EVEN IF A RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL A RELEASED PARTY BE LIABLE FOR ANY CLAIMS ARISING OUT OF THE USE OF THE SITES OR THE CONTENT. THIS LIMITATION OF LIABILITY APPLIES TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW.
You assume all responsibility for any use of any services, data, tools and any other Content offered on or through the Sites. You understand and agree that the Allen Institute will not be responsible or liable for any claim, loss or damage arising from the use of any services, data, tools and any other Content.
You agree to defend, indemnify, and hold harmless the Released Parties (as defined above) from and against any claims, damages, costs, and expenses, including reasonable attorneys' fees, arising from or related to your use of the Sites in violation of any of the Terms.
Applicable Law/Choice of Forum
The laws of the United States and the State of Washington govern these Terms, without reference to conflicts of law principles. You agree that any legal action you bring arising out of your use of the Sites shall be settled exclusively by arbitration in Seattle, Washington, USA, under the American Arbitration Association governing rules and in accordance with the Washington State law statutory time limitations for filing the same action in state or federal court in Seattle, Washington. Judgment upon an arbitrator's award may be entered and enforced by any court of competent jurisdiction. You also agree that any legal action we bring arising out of your use of the Sites may be brought through arbitration as described above, or in the state or federal courts located in Seattle, Washington, USA, and you hereby consent and submit to the exclusive jurisdiction and venue of these courts. If any provision of these Terms is determined to be unenforceable for any reason, that provision will be severed and will not affect the validity or enforceability of the remaining provisions. The failure of the Allen Institute to enforce any rights under these Terms or to take any action against you in the event of any breach of these Terms shall not be deemed a waiver by the Allen Institute as to subsequent enforcement of its rights in the event of a future breach.
If for any reason a court of competent jurisdiction finds any provision of the Terms, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible so as to effect the intent of the Terms, and the remainder of the Terms will remain in full force and effect. The Terms are the entire agreement between you and the Allen Institute relating to the Sites. Any other agreements between you and the Allen Institute regarding the subject matter of the Terms are superseded and have no force or effect. All rights not expressly granted herein are reserved.
We may suspend or terminate your access to all or part of the Sites, at any time, without notice, and for any reason. If you fail to comply with these Terms, you no longer have authorization to use the Sites and any and all rights granted to you under the Terms are revoked. Your obligations under these Terms will continue upon termination of your rights, including restrictions regarding the Content, disclaimers, indemnification, and liability.
Last updated: November 9, 2012