Lookback Group, Inc (“Lookback” or “we”) is a company headquartered in Menlo Park, California. We build and operate a software platform that aims to help companies make their apps and websites as fantastic possible. The platform enables people working at these companies to connect with everyday users of apps and websites for the purpose of performing user experience research (“Sessions”). Lookback and these companies have separately entered into agreements (“Contracts”) that, among other things, allowed them to invite you to use the the platform.
1. The Use of the Lookback Platform
To use the Lookback Platform, you must be at least 13 years old and you must not otherwise be barred from using the Lookback Platform under applicable law. You must be a human user; it is not permitted to sign up for or use the Lookback Platform using bots or other automated methods.
1.2 Restrictions on Use
You will not, and will not allow anyone else to:
- use the Lookback Platform for any illegal or unauthorized purpose;
- interfere with, alter, or disrupt the Lookback Platform or the servers on which the Lookback Platform and Lookback Content (as defined below) are hosted, including without limitation by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature;
- post, upload, publish, submit or transmit any content that: (i) is fraudulent, false, misleading or deceptive; (ii) is defamatory, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (v) promotes illegal or harmful activities or substances;
- try to access data on the Lookback Platform that you have no permission to access, including, but not limited to, personally identifiable information from other users of the Lookback Platform without their permission;
- avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Lookback or any of Lookback’s providers or any other third party (including another user) to protect the Lookback Platform or Lookback Content;
- copy or share the Lookback Platform, including, but not limited to, any software associated with the Lookback Platform (whether in object or source code form);
- decipher, decompile, disassemble or reverse engineer any of the software used to provide the Lookback Platform or the Lookback Content;
- download or share the Sessions in a manner not authorized by Lookback, or use bots or any other method to get permanent access to the Sessions; nor
- use the Lookback Platform in any way that does not comply with all applicable laws, rules and regulations.
2. Content and Content Rights
2.1 User Content
2.2 Lookback Content
Lookback and its licensors own all right, title and interest in and to the Lookback Platform and the Lookback Content, including all associated intellectual property rights. You acknowledge that the Lookback Platform and Lookback Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Lookback Platform or Lookback Content.
2.3 Rights in Lookback Content Granted by Lookback
2.4 DMCA / Copyright Policy
Lookback respects copyright law and expects its users to do the same. It is Lookback’s policy to terminate in appropriate circumstances users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Lookback’s Copyright and IP Policy at lookback.io/dmca, for further information.
3. Rights and Terms for Lookback Applications
6. Intellectual property rights
The Lookback Platform and all intellectual property rights therein are the property of Lookback. The Lookback Platform is licensed, and not sold to you. Lookback retains ownership of the Lookback Platform and the code on which the Lookback Platform is based.
We welcome feedback, comments and suggestions for improvements to the Lookback Platform (“Feedback”). You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
8. Warranty Disclaimers
THE LOOKBACK PLATFORM AND LOOKBACK CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF OF ANY KIND. WITHOUT LIMITING THE FOREGOING, LOOKBACK EXPLICITLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. LOOKBACK MAKES NO WARRANTY THAT THE LOOKBACK PLATFORM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF THE LOOKBACK PLATFORM OR LOOKBACK CONTENT.
9. Limitation of liability
11. Links to Third Party Websites or Resources
The Lookback Platform may contain links to third-party websites or resources. Lookback provides these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
12. Entire agreement
14. Governing law and arbitration
14.1 Governing Law.
(a) Agreement to Arbitrate
(b) Arbitration Rules
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
(c) Arbitration Process
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a general Demand for Arbitration and a separate Demand for Arbitration for California residents.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
(d) Arbitration Location and Procedure
Unless you and Lookback otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Lookback submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
(e) Arbitrator’s Decision
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Lookback will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Lookback will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).