Terms & Conditions
Last Updated: December 2018
Agreement between User and Playbookux.com
Welcome to playbookux.com. The playbookux.com website, platform and services (“the Site” or “the Platform” or “the Services”) is comprised of various web pages, services and platforms operated by Playbook UX Inc (“Playbook” “our” “we” or “us”). Playbookux.com, which contains micro sites including but not limited to, playbookux.com/app, playbookux.com/tester, playbookux.com/business, playbookux.com/testers, playbookux.com/blog, from heron in constitutes (“the Platform”) is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Platform constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
The Terms apply to businesses (“Clients”) who conduct studies (“Tests”) on our platform. It also applies to people who take tests on our site (“Testers”) as well as visitors to our site (“Visitors”).
PlaybookPlaybookux.com is a software as a service company, offering research automation services to businesses (“Clients”). Playbook also offers the ability for participants (“Testers”) to earn money by filling out a form of Personal Information, that allows them to be selected for studies (“Tests”) and also by referring other participants to our platform.
Visiting the Platform or sending emails to Playbook constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via the email and the Platform satisfy any legal requirements that such communications be in writing.
If you use our Platform, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account and password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Playbook is not responsible for third party access to your account that results from theft or misappropriation of your account. Playbook and its associates reserve the right to refuse or cancel service, terminate accounts or remove or edit content in our sole discretion.
Children under Thirteen
We do not knowingly and will not knowingly collect data and information from anyone under the age of 13. Testers under the age of 13 should not provide us with any information. We will immediately remove data collected from anyone under the age of 13, if we learn that a Tester under the age of 13 is enrolled in the services of our platform.
Playbook may contain links to other websites (“Linked Websites”). The Linked Websites are not under the control of Playbook and Playbook is not responsible for the contents of any Linked Websites, including without limitation any link contained in the Linked Website or any changes or updates to the Linked Website. Playbook is providing these links to your only as a convenience and the inclusion of any link does not imply endorsement by Playbook of the site of any association with its operator.
Certain services make available via playbookux.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the Platform, your herby acknowledge and consent that Playbook may share such information and data with any third party with whom playbook has a contractual relationship to provide the requested product, service or functionality on behalf of playbookux.com users and customers.
Playbook will not share data with third parties without your consent, unless if required by law, regulation or legal matters necessary to matters of law enforcement and national security.
No Unlawful or Prohibited Use / Intellectual Property
All contents included as part of the Services, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Playbook or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer of sale, create derivative works, or in any way exploit any of the content in the whole or in part, found on this Site. Playbook content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Playbook and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Playbook or our licensors expect as expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your Playbook account to third party accounts. By connecting your Playbook account to your third party account, you acknowledge and agree that you are consenting to the release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by Playbook from our offices within the USA. If you access the Service from a location outside of the USA, you are responsible for compliance with all local laws. You agree that you will not use the Playbook Content accessed through the Platform in any other country or in any manner prohibited with any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Playbook, its officers, directors, employees, agents and third parties for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, in any user postings made by you, your violation of any terms of this Agreement or your violations of any rights of a third party, or your violation of any applicable laws, rules or regulations. Playbook reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Playbook in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contact, tort, or otherwise at law of in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgement may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and responsible attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. The arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/ collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDVIIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDINGS, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Playbook agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERROS, CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PLAYBOOK UX INC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
PLAYBOOK UX INC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUSTAINABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. PLAYBOOK UX INC AND/PR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Playbook reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Delaware and you hereby consent to the exclusive jurisdiction and venue of courts in Delaware in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no join venture, partnership, employment, or agency relationship exists between you and Playbook as a result of this agreement or use of the Site. Playbook’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Playbook’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Playbook with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user of Playbook with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user of Playbook with respect to the Site. A printed version of this agreement and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Playbook reserves the right to terminate the relationship with Customers who do not fulfil payment obligations according to the terms of the contract.
Playbook reserves the right to remove Testers from the platform who answer screeners, tests and any other self-reported metric in a false manner.
Those using our blog must not post any infringed content in the Comment section. Playbook retains the right to remove any content that infringes on copyright.
Changes to Terms
Playbook reverses the right in its sole discretion to change the Terms under which playbookux.com is offered. The most current version of the Terms will supersede all previous versions. Playbook encourages you to personally review the Terms and stay informed with our updates.
Playbook welcomes your questions and comments regarding the Terms:
Effective as of December 15th, 2018