Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION CONCERNING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AS WELL AS A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
  1. Terms of Use
    Welcome to the XenoSite web site (referred to herein as the "Site"), which can be accessed at proteomescout.wustl.edu. The Site is owned and operated by Washington University in St. Louis (referred to herein as "WUSTL") and is hosted by the Swamidass Lab (hereinafter "SL"), a research initiative at WUSTL. Access to and use of the Site is provided free of charge to you by SL and WUSTL.

    These Terms of Use set forth the terms and conditions that apply to your use of the Site. From time to time, WUSTL may, in its sole discretion, modify these Terms of Use or may supplement these Terms of Use with additional terms pertaining to specific content, ("Additional Terms") by posting such modified or additional terms on the Site. You understand and agree that such modifications and/or Additional Terms are hereby incorporated by reference into these Terms of Use and that WUSTL shall have no obligation to notify you of any modifications or supplements to the Terms of Use. BY USING THIS SITE, YOU AGREE TO THESE TERMS OF USE JUST AS IF YOU HAD SIGNED AN AGREEMENT WITH WUSTL. If you do not agree to be bound by these Terms of Use, please discontinue your use of the Site.

  2. Use of Site / Community Rules
    You alone are responsible for the content of any materials you transmit to others, and any consequences of such materials. Please carefully consider the information you choose to post on the Site. Neither SL nor WUSTL assumes any responsibility or liability for any inaccurate, inappropriate, offensive or explicit material or information you may be provided by other users of the Site. SL and/or WUSTL further assume no responsibility for the deletion of or failure to store any materials posted on the Site. Posting content with the intention to commit any illegal activity is strictly prohibited. Thus, you further agree that you will not post any material of any kind or nature that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, racially offensive, inaccurate, or otherwise objectionable material or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. SL and WUSTL each reserves the right to delete any such material from the Site. Moreover, SL and WUSTL will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Use contained in this Section 4. You acknowledge that (i) content on the Site is protected by copyrights, trademarks, and other intellectual and proprietary rights ("Rights"); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Use and applicable copyright, trademark, and other laws govern your use of such content. You may not post to the Site, copy, reproduce, retransmit, distribute, publish, commercially exploit, or otherwise transfer any material that infringes any Rights. By submitting public content to the Site, you grant SL and WUSTL a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, sublicense, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also warrant that you are either the exclusive holder of all Rights in content you submit or that the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that the license granted to WUSTL above shall afford WUSTl the right to share the content pursuant to the terms of the Creative Commons "Attribution-NonCommercial-ShareAlike 4.0" International License. Specifically, you agree that WUSTL shall have the right to permit any user to access, copy, display, store, adapt, distribute, and/or transmit such content that you have made public for personal use. Subject to the foregoing, the owner of such content placed on the Site retains any and all Rights that may exist in such content.

    Neither SL nor WUSTL is obligated to review content posted by users prior to the content's posting to any area of the Site. Content posted by any user to the Site does not reflect the opinions or views of SL, WUSTL, or the members, officers, employees, consultants, or students thereof. Neither SL nor WUSTL makes any warranty, whether express or implied, as to the accuracy, nature, or suitability of any content or material which you make available via the Site.

  3. Disputes
    You are solely responsible for any interaction with other members or visitors of the Site. SL and WUSTL reserve the right but shall have no obligation to monitor disputes between you and any other user of the Site.

  4. Nature of Communications
    By virtue of agreeing to this Terms of Service and using the Site, you acknowledge that the use of the Site results in interstate data transmissions. You further agree to comply with all applicable local laws regarding the transmission of data exported from the United States or the country in which you reside.

  5. Claims of Copyright Infringement
    The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by the Site infringe your copyright, you (or your agent) may send to WUSTL's DMCA agent a notice requesting that the material be removed or access to it blocked. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow the Site administrator to locate the material on the Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send the Library a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Also, be aware that there can be penalties for false claims under the DMCA.

  6. Disclaimer of Warranties
    YOU EXPRESSLY AGREE THAT USE OF THE SITE, AND ALL OF ITS CONTENT, IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SL AND WUSTL EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NEITHER SL NOR WUSTL MAKES ANY WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES SL AND/OR WUSTL MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR THAT ANY MATERIAL ACCESSED VIA THE SITE SHALL BE SUITABLE FOR ANY PARTICULAR PURPOSE. NEITHER SL NOR WUSTL WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF THE SITE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. YOU UNDERSTAND AND AGREE THAT NEITHER SL NOR WUSTL GUARANTEES THE ACCURACY, COMPLETENESS OR USEFULNESS FOR A PARTICULAR PURPOSE OF ANY INFORMATION PROVIDED IN CONNECTION WITH USE OF THE SITE. NEITHER SL NOR WUSTL IS RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER SL NOR WUSTL (NOR ANY MEMBERS OF EITHER) ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING, OR OTHER PROFESSIONAL SERVICES OR ADVICE. SL AND WUSTL ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE. NEITHER SL NOR WUSTL SHALL BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN/ON THE SITE. YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EITHER SL OR WUSTL OR THROUGH THE SITE, ITS EMPLOYEES, CONSULTANTS AND/OR EXPERTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. NEITHER SL NOR WUSTL MAKES ANY WARRANTIES REGARDING ANY GOODS, SERVICES, OR CONTENT ACCESSED THROUGH THE SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. NEITHER SL NOR WUSTL IS RESPONSIBLE FOR ANY CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE THE SITE. NEITHER SL NOR WUSTL MAKES ANY REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY, OR LEGALITY OF ANY SITES TO WHICH THE PTMSCOUT SITE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST SL AND/OR WUSTL WITH RESPECT TO SUCH SITES.

  7. Limitation of Liability
    NEITHER SL NOR WUSTl SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE.

  8. Indemnification
    You agree to indemnify and hold SL, WUSTL, and any parents, subsidiaries, affiliates, officers, members, directors, employees, consultants and/or students thereof harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, the violation of these Terms of Use by you, or the infringement by you of any intellectual property or other right of any person or entity.

  9. Applicable Law
    These Terms of Use shall be construed according to the laws of the State of Missouri.

  10. Remedies for the Breach of these Terms by You
    In the event that either SL or WUSTL determines, in its sole discretion, that you have breached any portion of these Terms of Use, or have otherwise demonstrated conduct inappropriate for the Site, SL and WUSTL each reserves the right to (i) delete any or all content provided by you or your agent(s) to the Site; (ii) prohibit your further use of the Site; (iii) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (iv) any other action which SL or WUSTL deems to be appropriate.

  11. Export Control
    Unless otherwise specified, the materials on the Site are presented solely to provide information regarding and to promote the SL's services available in the United States, its territories, possessions and protectorates. The Site is controlled and operated by SL and WUSTL from its offices within the State of Missouri, United States of America. Neither SL nor WUSTL makes any representations that material on the Site is appropriate or available for use outside the United States. Those who choose to access the Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

  12. Miscellaneous
    In the event that any provision of the Terms of Use conflicts with the law under which the Terms of Use are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Use, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Use will remain in full force and effect. The failure of any party (to the Terms of Use) to insist upon or enforce strict performance by any other party of any provision of the Terms of Use or to exercise any right under the Terms of Use will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect. SL may assign its rights and obligations under these Terms of Use and, upon such assignment, SL and/or WUSTL may be relieved of any further obligation hereunder. You represent to SL and WUSTL that you have the authority to visit the Site and to utilize the services offered via the Site according to these Terms of Use. These Terms of Use constitute the entire understanding between the parties as to the subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Use will, at the election of SL or WUSTL, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Use will remain valid and enforceable. SL and WUSTL reserve the right to terminate free access to the Site including any or all content with or without notice to you. Furthermore, SL and WUSTL reserve the right to provide you with notice of such change by prominently posting a notice on the Site.