User Research Participation Agreement (Playco) .PDF A29ea817 1ab2 42f6 Ade6 06267aeb67df

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User Research Participation Agreement

Thank you for taking the time to help Playco improve our games and services. Please
carefully read the terms below. By participating in this test, you agree to comply with the
following:

1. Participation.

(a) Your participation is purely voluntary.

(b) Playco may provide you access to certain features, products and services
that are in various stages of development (collectively, “Features”).

(c) Playco may ask you to provide comments, proposals, improvements, ideas,
suggestions, submissions, or feedback (collectively, “Feedback”). You are not
required to provide Feedback but if you do, it must only be from you.

(d) Feedback may be obtained in one or more of the following methods:

● through photographs or video that may contain your likeness or voice, as


well as the likeness or image of your property ("Photographs");
● through recording or obtaining testimonials or statements from you
("Statements");
● through the completion of surveys and/or answering questionnaires;
● through play testing features from a Playco game or service; or
● through the use of facial or eye tracking technology to detect, record,
track, and monitor changes in your facial expression or eye movement in
response to certain Features.

(e) You may receive compensation for your participation or Feedback through
User Research.

(f) Your participation may be suspended at any time, by you or Playco.

2. Intellectual Property.

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(a) Playco owns, and you hereby assign, all rights to any Feedback you choose
to provide under this Agreement. By making any submissions, you also waive
any moral rights in your Feedback.

(b) Playco retains title, ownership and all rights to any Playco Features and
anything else that Playco makes available to you. Nothing in this agreement will
be construed to grant any rights to you, by license or otherwise, in or to any
confidential information of Playco, or any patent, copyright or other intellectual
property or proprietary rights of Playco.

3. Publicity Release.

(a) You hereby authorize Playco, for so long as it deems desirable, to use, copy,
modify, adapt, alter, distribute, publish, display, exhibit and otherwise exploit,
either in whole or in part, the Photographs and/or Statements for commercial and
business purposes in one or more film, videotape, or multimedia productions, on
Playco’s website and/or in any advertising, marketing and promotional materials.

(b) You acknowledge you will have no ownership rights in advertising or any
derivative work that uses your name, Photographs, or Statements provided under
this release. You further acknowledge that you will receive no revenue-share,
royalties, additional benefits, compensation, or other payment of any kind from
Playco other than any goodwill and publicity that you may receive relating to the
publication, distribution or other use of the Photographs and/or Statements as set
forth in this release. You will not contest Playco’s use of your name,
Photographs, or Statements, for the above-described purposes, nor contest any
exclusive property rights that Playco may have in such advertising, marketing
and promotional materials, or any use or derivative work thereof. You also
understand and agree that Playco is in no way obligated to use your name,
Photographs, or Statements.

(c) You hereby release and discharge Playco, its employees, agents, successors,
licensees and assigns from any and all claims you might have in connection with
your participation and Feedback, Playco’s use, display, dissemination or
exploitation of your name, the Photographs and/or Statements, including, but not
limited to, any claims for compensation; defamation; violation of any moral or
artist rights; and/or any right of privacy or publicity.

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4. Confidentiality.

(a) The Features and information that Playco provides under this Agreement are
confidential. You agree not to disclose any of Playco’s confidential information to
any third party and only use such confidential information for the purposes of this
Agreement. You must immediately notify Playco if you are legally required to
disclose confidential information. All confidential information remains the sole and
exclusive property of Playco.

(b) You understand that the unauthorized use or disclosure of Playco’s


confidential information would cause Playco to incur irreparable harm and
significant damages, the degree of which may be difficult to ascertain.
Accordingly, you agree that Playco will have the right to obtain immediate
equitable relief to enjoin any unauthorized use or disclosure of its confidential
information, in addition to any other rights and remedies that it may have at law
or otherwise.

5. Term. This Agreement shall continue until either party gives written termination
notice, which shall be effective immediately. Sections 2 through 9 shall survive
any termination of this Agreement.

6. Warranty & Disclaimer. PLAYCO PROVIDES ALL FEATURES AND


INFORMATION HEREUNDER "AS IS" WITHOUT ANY EXPRESS
WARRANTIES OR REPRESENTATIONS OF ANY KIND. PLAYCO DISCLAIMS
ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING,
WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOUR
SOLE AND EXCLUSIVE REMEDY IS TERMINATION OF THIS AGREEMENT IN
ACCORDANCE WITH SECTION 5. IN NO EVENT WHATSOEVER SHALL
PLAYCO BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOST PROFITS OR
REVENUE, UNDER ANY TORT, CONTRACT, STRICT LIABILITY OR OTHER
LEGAL OR EQUITABLE THEORY ARISING OUT OF OR IN CONNECTION
WITH THIS AGREEMENT OR HARM CAUSED BY ANY PLAYCO FEATURE,
EVEN IF PLAYCO HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD
HAVE FORESEEN SUCH DAMAGES.

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7. Indemnification. You agree to hold harmless and indemnify Playco, its affiliates,
officers, directors, trustees, agents, representatives, and employees, from and
against any third party claim related to your use of the Playco Features or other
activities under this Agreement.

8. Assignment. Your rights and obligations under this Agreement are specific to you,
and you cannot assign them to anyone else. Playco may freely assign or
delegate its rights and obligations under this Agreement.

9. General. This Agreement and your participation does not create an agency,
partnership or joint venture, independent contractor, or employment relationship
between the parties. This Agreement shall be governed by the laws of the State
of California, excluding its conflicts of laws principles. Any disputes under this
Agreement may be brought in the state courts and the Federal courts located in
San Francisco, California and the parties hereby consent to the personal
jurisdiction and venue of these courts. This Agreement constitutes the entire
Agreement and supersedes all prior or contemporaneous oral or written
agreements regarding the subject matter hereof. The Agreement may be
changed only by a writing signed by both parties. If any provision of this
Agreement is held unenforceable, that provision shall be severed and the
remainder of this Agreement will continue in full force and effect.

By continuing with this test, you certify that you are at least 18 years of age and
that you have read, understand, and agree with the terms stated herein.

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