Tester Terms & Conditions

Last Updated: December 2018

Agreement between Tester and Playbook UX Inc

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 (“PlaybookUX” “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 people who take tests on our site (“Testers”) as well as visitors to our site (“Visitors”).

PlaybookUX (playbookux.com, app.playbookux.com, tester.playbookux.com) is a software as a service company, offering research automation services to businesses (“Clients” “Customers”). PlaybookUX 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.

Privacy

Usage of PlaybookUX is subject to our Privacy Policy. Please review our Privacy Policy, which governs our Platform and gives transparency into our data collection process and usage. https://www.playbookux.com/privacy-policy

Electronic Communications

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.

Your Account

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.

We reserve the right to refuse paying Testers if they do not comply with our “5 Star Tester Rules”

5 Star Tester Rules

Unmoderated

  • You must take at least 15 minutes to complete an unmoderated study
  • You must speak all of your thoughts outloud without periods of silence. Periods of silence are defined as 10 seconds without speaking during a task
  • You must close out of all tabs that are not related to Playbook UX
  • You must silence and disable all notifications during the study. You may pause the test at any time if you are interrupted by an emergency call. If you receive an emergency notification or phone call and do not pause it, we reserve the right to refuse compensation
  • You must complete the study within the time frame stated by Playbook UX, typically within 24 hours
  • You must answer every question. You cannot skip questions without putting in an appropriate effort to complete
  • PlaybookUX reserves the right to expire your study at any point
  • Studies are first come, first serve, therefore you may not be able to take a study, even though you are qualified and it’s within the 24 hour window
  • You must answer screener questions truthfully
  • We reserve the right to disqualify you even if you have answered a screener question correctly
  • You must take studies in a quiet place such as an office or home, not a coffee shop. You must have an appropriately quiet place without background noise
  • You study audio must be audible enough so that an average computer can hear it without full volume.
  • First warning: You are given a first warning if you do not comply with the above. We will provide instructions on how to improve.
  • Second warning: You will be removed from the platform. We reserve the right to do so without notice.

Moderated

  • You must show up 5 minutes prior to the study to ensure technology works
  • You must close out of all tabs that are not related to Playbook
  • You must silence and disable all notifications during the study.
  • You must take studies in a quiet place such as an office or home, not a coffee shop. You must have an appropriately quiet place without background noise
  • If you are more than 5 minutes late to the session, we reserve the right to refuse compensation you.
  • If you do not show up to a scheduled session, you will be removed from the Playbook UX Inc platform without prior notice. If you do notify us, we take it on a case by case basis.
  • If you cancel the session within 4 hours remaining, you will be banned from the Playbook UX Inc platform, without notice.

Children Under Eighteen

We do not knowingly and will not knowingly collect data and information from anyone under the age of 18. Testers under the age of 18 should not provide us with any information. We will immediately remove data collected from anyone under the age of 18, if we learn that a Tester under the age of 18 is enrolled in the services of our platform.

Third Party

Playbook may contain links to other websites (“Linked Websites”). The Linked Websites are not under the control of PlaybookUX and PlaybookUX 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 PlaybookUX 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.

PlaybookUX 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

You are granted a non-exclusive, non-transferable, revocable license and use playbookux.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Playbook that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

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 PlaybookUX 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.

International Users

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.

Indemnification

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.

Arbitration

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.

Liability Disclaimer

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.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PLAYBOOK UX INC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PLAYBOOK UXI NC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

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.

Payments

Playbook reserves the right to terminate the relationship with Customers who do not fulfill payment obligations according to the terms of the contract.

False Information

Playbook reserves the right to remove Testers from the platform who answer screeners, tests and any other self-reported metric in a false manner.

Blog

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.

Contact Us

Playbook welcomes your questions and comments regarding the Terms:

Email Address:

hello@playbookux.com

Effective as of December 15th, 2018