Thank you for visiting the website of the Howard Hughes Medical Institute (“HHMI,” “we,” “us,” or “our”). The following terms and conditions, together with our Privacy Policy, (collectively, the “Terms of Use”) apply to this website, including the content, features and services available from this website, such as podcasts, animations, applications, videos, images, and RSS feeds (collectively, the “Site”).

Please read these Terms of Use carefully before you use the Site and do not use the Site if you do not agree with these Terms of Use. By accessing or using the Site, you agree to these Terms of Use, including, but not limited to, the privacy policy, as amended from time to time. These Terms of Use may change from time to time. Your continued use of the Site after we make changes is deemed to be acceptance of those changes, so please check periodically for updates.

1. Ownership and Use of the Content

All of the content featured or displayed on the Site, including, without limitation, all text, graphics, photographs, images, animations, video, podcasts, music, software, applications and other materials (“Content”), and the selection, coordination and arrangement of such Content, is owned by HHMI, HHMI’s licensors or other providers of such material and is protected by copyright, trademark, patent and other intellectual property or proprietary rights laws. All rights not expressly granted are reserved by HHMI.

BioInteractive Resources

You may download and display for educational purposes the free resources made available on the BioInteractive pages of the Site (www.hhmi.org/biointeractive) (“BioInteractive Resources”). The BioInteractive Resources may not be used for any commercial purpose without the express permission of HHMI and all other copyright owners. Except as permitted below for the Image of the Week Image Content, the BioInteractive Resources may not be republished, redistributed or otherwise disseminated beyond your institution or organization without the express permission of HHMI and all other copyright owners.

BioInteractive Image of the Week

You may download, reproduce, distribute, publish, display and share the images, including all related text, contained on the Image of the Week pages of the Site (“Image Content”) solely for not-for-profit, educational, or public information purposes (e.g., blogs, new stories, or articles), subject to the following restrictions and conditions:

1. You are not granted the right under these Terms of Use to use Image Content for any commercial purpose (e.g., textbooks). If you would like to use Image Content for a commercial purpose, you must first obtain all required permissions for such use from the appropriate parties;
2. You may not create derivative works based upon, modify, or otherwise alter, any Image Content;
3. As described in the Proprietary Rights Notice section below, you must keep intact all copyright notices for the Image Content and provide appropriate attribution to the original author or, if another party is designated in the copyright notice, such party;
4. HHMI may terminate or modify the rights granted with respect to the Image Content at any time; and
5. You may use images available on Image of the Week separately from any of the accompanying text.

Other Downloadable Content

You may download the Content made available on other pages of the Site that is indicated on the Site as available for download for your personal, non-commercial use.

Restrictions on Use; Permission Requests

Except as expressly permitted under copyright law or these Terms of Use, you may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, publish, download, frame or incorporate into another website, store or transmit any Content without the express permission of HHMI and all other copyright owners. Content may not be sold or used for any commercial purpose under any circumstances without the express permission of HHMI and all other copyright owners.

You may request HHMI’s permission for uses of Content not expressly permitted under copyright law or these Terms of Use by sending your request to the applicable e-mail address listed below. Please include a link to the specific Content you are inquiring about and the terms of use you are seeking.

Permission requests for Content on the BioInteractive web pages should be sent to biointeractive.permissions@hhmi.org.

Permission requests for all other Content (including photos and illustrations) displayed on the Site should be sent to photolibrary@hhmi.org.

Proprietary Rights Notices

You must keep intact all copyright notices and provide appropriate attribution to the original author or, if another party is designated in the copyright notice, such party.

For clarity, all references to the Site in these Terms of Use include, without limitation, the BioInteractive Resources, Image Content and other Content.

2. Trademarks

The HHMI names and logos, including Howard Hughes Medical Institute, HHMI, Janelia Farm Research Campus, Janelia Research Campus, JFRC, BioInteractive, Tangled Bank Studios, and all other trademarks used on the Site are owned by HHMI or their respective trademark owners.  Except as expressly permitted under any additional terms posted on the Site from time to time, you may not use any such marks without the prior written permission of the owner.

3. Image of the Week Submissions

By uploading or submitting an image you:

1. grant to HHMI and its affiliates a non-exclusive, royalty-free, worldwide, perpetual license to: (a) display, distribute, reproduce, publish and create derivative works based upon, the submitted image (“Image”) and any text or other content that you provide in connection with the Image (collectively with the Image, the “Submitted Content”), in whole or in part, in any medium now existing or subsequently developed, for not-for-profit, educational or public information purposes, and for the promotion and advertising of HHMI’s image feature and other resources and features of HHMI or its affiliates, and permit consultants and contractors of HHMI and its affiliates to exercise such rights on behalf of HHMI and its affiliates and (b) permit users of the Site to display, redistribute, reproduce, publish and share the Submitted Content, in whole or in part, in any medium now existing or subsequently developed, for not-for-profit, educational or public information purposes;
2. represent and warrant that: (a) you are the owner of the Submitted Content and the copyright therein (or if you are an HHMI employee, you created the Submitted Content in the scope of your employment and have not assigned rights in the Submitted Content to another person or entity), (b) you have the right to grant the rights set forth herein, (c) you have obtained all necessary third-party releases, and (d) use of the Submitted Content by HHMI and its affiliates as permitted will not infringe the rights of any third party;
3. represent and warrant that you are at least 18 years of age;
4. acknowledge that HHMI is not obligated to feature any submitted Image on the Site; and
5. agree that HHMI may post your name and contact information so that others may contact you regarding your submitted Image.

4. User Feedback

By submitting feedback to us through the Site, you agree that such feedback is not confidential and grant to us the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sub-license and otherwise exploit such feedback throughout the universe in any form, media or technology now known or hereafter developed.

5. Linking to the Site and Social Media Features

You may link to the Site so long as the link does not suggest any association, approval or endorsement on HHMI's part and does not otherwise violate the rights or policies of any third party.

The Site includes features that allow you to share certain Content using social media tools such as Facebook, Twitter, LinkedIn, and StumbleUpon, and to e-mail links to certain Content to others. You may use these features in connection with the Site only as they are provided by HHMI and in accordance with these Terms of Use. If you use these tools, you may be sharing certain profile elements. This sharing is subject to each social media program’s policies.

6. Links to Other Websites

Links to other websites and resources provided by third parties contained on the Site are provided for your convenience only and do not indicate any endorsement by HHMI. HHMI has no control over the contents of those websites or resources and you agree that we have no responsibility for them or for any loss or damage that may arise from your use of them.

7. Prohibited Uses of the Site

You agree not to: (a) use the Site in any way that violates any applicable law or regulation; (b) engage in any conduct that disables, overburdens, damages, impairs, restricts or interferes with the Site or anyone's use or enjoyment of the Site, or which may harm HHMI or users of the Site or expose them to liability; (c) introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful to the Site; (d) place pop-up windows over pages of the Site, or otherwise affect the display of pages of the Site; or (e) use any automatic device, process or means to access the Site for any purpose that violates these Terms of Use. Moreover, you agree not to stalk, harass or harm another individual, impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity, or collect or store personal data about other users or visitors to the Site.

8. Registration

To access portions of the Site, you may need to register with HHMI by setting up an account. When creating an account, you must provide accurate and complete information, and you are solely responsible for your use of the account. You agree to keep your password secret and to not use any other person’s account to access or use the Site. If you discover or suspect that another individual is making unauthorized use of your account information, you must immediately notify us.

9. Additional Terms and Conditions

Additional terms and conditions set forth on the Site may apply to specific portions of the Site, which additional terms and conditions are made part of these Terms of Use by reference. You agree to abide by such additional terms and conditions. If there is a conflict between these Terms of Use and the additional terms and conditions applicable to a specific portion of the Site, such additional terms and conditions shall control with respect to your use of that portion of the Site.

10. Privacy

If you provide personal information to us, all uses of your personal information will be treated according to the Privacy Policy for the Site (“Privacy Policy”). By using the Site, you are accepting the Privacy Policy. If you object to having your information used as described in the Privacy Policy, your sole recourse is to discontinue using the Site.

11. Termination

We reserve the right to terminate your use of any or all of the Site, including, but not limited to, your account, or terminate or cancel this agreement, at any time with or without prior notice. You agree that we shall not be liable to you or any third party for termination of your access to the Site. We also reserve the right to withdraw or amend the Site without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period.

12. No Warranties

YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITL E AND NON-INFRINGEMENT. NEITHER HHMI NOR ANY PERSON ASSOCIATED WITH HHMI MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER HHMI NOR ANYONE ASSOCIATED WITH HHMI REPRESENTS OR WARRANTS THAT THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE  SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. IN CERTAIN STATES, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

13. Limitation on Liability

TO THE FULLEST EXTENT PERMITTED UNDER APPLIABLE LAW, IN NO EVENT WILL HHMI, ITS EMPLOYEES, AGENTS, OFFICERS OR TRUSTEES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABLITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

14. Indemnification

You agree to indemnify, defend and hold harmless HHMI, its trustees, officers, employees and agents from and against all losses, expenses, damages and costs, including attorney’s fees, resulting from your use of the Site, or any violation by you of these Terms of Use. HHMI reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with HHMI.

15. Miscellaneous

These Terms of Use including the Privacy Policy constitute the entire agreement between you and HHMI with respect to the Site. Any failure of HHMI to assert a right or provision shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held to be invalid, illegal or unenforceable, then such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. All matters relating to the Site and these Terms of Use shall be governed by and construed in accordance with the internal laws of the State of Maryland without giving effect to any choice or conflict of law provision or rule. This Site is controlled by us from the United States. If you choose to access this Site from locations outside the United States, you do so at your own risk and you are responsible for compliance with any local laws.

16. Notices

You agree that we may give all notices we are required to give by posting notice on the Site, by email, or by regular mail, in our discretion, including, but not limited to, required disclosures, legal notices, and all other communications.

The Site is operated by:

Howard Hughes Medical Institute
4000 Jones Bridge Road
Chevy Chase, MD  20815

Except as set forth above for particular communications, all feedback, comments, requests for technical support and other communications relating to the Site should be directed to the HHMI Webmaster.

These Terms of Use were last updated on July 23, 2014.