Terms of Use

Welcome to The Allen Institute for Brain Science (the “Allen Institute”) websites.  The information on these websites (www.alleninstitute.org and www.brain-map.org) is provided as a courtesy by the Allen Institute and is subject to the following terms of use (these “Terms”).  If you use the websites, you accept these Terms.  If you do not agree with any of these Terms, please do not use these websites.  Make sure to review the Terms regularly, since they may change at any time.  You agree to the new Terms if you use these websites after the Terms change.  The Allen Institute may change, suspend, discontinue, or remove any part of these websites at any time, without prior notice, including the availability of any website feature, services or content. 

Short Version
Without limiting the specific terms below, which are important to read and understand, we encourage you to use the data and tools that are provided by the Allen Institute and generally have three specific requirements:

 

You can email info@alleninstitute.org if you have any questions regarding these Terms.

Privacy Policy
The Allen Institute has a privacy policy that describes how we collect information from you or about you, why we collect this information and how we will use or disclose this information.  In addition, the Allen Institute privacy policy sets forth our general policies on information security.  The privacy policy is found here.

Citation Policy
If you cite or display any Materials, for example in a publication, presentation or grant application, or if you publish any research based on your use of the Materials, or if you develop any technologies based on the Materials (e.g., using our API), you must acknowledge the source.  Please use the appropriate citation when acknowledging the Allen Institute.  The Allen Institute’s citation policy is found here

Website Content
Unless otherwise stated, the Allen Institute  owns or has a license to everything you see, hear or otherwise receive from the websites (collectively, the “Materials”).  The Materials include images, illustrations, designs, icons, photographs, trademarks, logos, text, sounds, music, and the websites as a whole. The Materials and their selection and arrangement are protected by United States and international copyright, trademark and other laws.  You do not acquire any rights to use the Materials, express or implied, other than those rights expressly permitted by these Terms. Nothing in these Terms transfers to you any right, title or interest in any Materials, including any intellectual property or content of third parties included on the websites.

License
You may use, copy, distribute, publicly perform, publicly display or create derivative works of the Materials for research or noncommercial educational purposes or for your own personal noncommercial purposes.  Any derivative works (defined as “Improvements” below) are subject to the “Freedom to Innovate and Rights to Improvements” section of these Terms.  Where the websites contain links to downloadable software applications or tools, you may download and use such applications or tools as long as you adhere to any additional license terms and conditions provided with those applications or tools. 

You may not redistribute the Materials or Improvements for commercial purposes without our written permission.  You may not create hyperlinks to the websites that portray the Allen Institute in a false or misleading light.  You agree that you will only make lawful use of the websites in compliance with all federal, state, and local laws and regulations. You agree that you will not use the websites in any manner that would violate anyone else’s rights, such as copyright, trademark, patent, trade secret, privacy, publicity or other rights.  This includes removing any copyright, trademark or other proprietary notices from the Materials. 

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 Materials (collectively, “Improvements”).  In order to make the Materials available to you and others in the research community, however, the Allen Institute must preserve its freedom to innovate.  If you develop an Improvement based on or utilizing the Materials, and you obtain any proprietary rights in or to that Improvement, you and your successors or assigns agree not to assert such proprietary rights against the Allen Institute or its successors or assigns for its or their use of any Improvement independently developed by or on behalf of the Allen Institute that might otherwise infringe such proprietary rights. Additionally, the Allen Institute retains its rights, title and interest in any Materials that are part of or are used by you to create an Improvement. 

Trademarks
All trademarks, service marks, trade names and trade dress on the websites are owned by or licensed to the Allen Institute, and may not be used in connection with any product or service (except for those offered by the Allen Institute), or in any manner that is likely to cause confusion or that disparages or discredits the Allen Institute.

Copyright
The Allen Institute respects the intellectual property rights of others and requests that you do the same.  Anyone who believes that their work has been reproduced in these websites in a way constituting copyright infringement may provide a statutory notice to the designated Copyright Agent for the websites in the following manner:

 

To notify the Allen Institute of any other suspected infringement or other misconduct, please contact:  info@alleninstitute.org.

State Fundraising Notice
As a registered 501(c)(3) non-profit organization, the Allen Institute relies 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.

Third Party Websites
The websites contain links to third party websites.  These websites are provided as a convenience to you.  The Allen Institute is not responsible for the content found on any linked website, and does not endorse any third party website, 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 website. 

Disclaimer
THE WEBSITES AND THE MATERIALS 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 WEBSITES AND THE MATERIALS, INCLUDING, BUT NOT LIMITED TO, 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 WEBSITES OR THE MATERIALS, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITES AND THE MATERIALS.

Limitation of Liability
IN NO EVENT SHALL THE ALLEN INSTITUTE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, CONTRIBUTORS OR ADVISORS, OR ANY OTHER PERSON WHO HAS BEEN INVOLVED IN THE CREATION OR PRODUCTION OF THE WEBSITES OR THE MATERIALS (COLLECTIVELY, “RELEASED PARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, 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 WEBSITES OR THE MATERIALS, 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 WEBSITES OR THE MATERIALS.  THIS LIMITATION OF LIABILITY APPLIES TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW.

Indemnification
You assume all responsibility for any use of information, goods or services offered on or through the websites.  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 information, goods or services. 

You agree to defend, indemnify and hold harmless the Allen Institute officers, directors, agents, employees, contributors, licensees and licensors from and against any claims, damages, costs and expenses, including reasonable attorneys’ fees, arising from or related to your use of the websites in violation of any of the Terms.

General
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 arising out of your use of these websites shall be brought exclusively 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.

Miscellaneous
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 websites.  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. 

Termination
The Allen Institute may suspend or terminate your access to all or part of these websites, at any time, without notice, with or without cause.  If you fail to comply with these Terms, you no longer have authorization to use the websites 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 Materials, disclaimers, indemnification, and liability.

Last updated: October 1, 2009