Terms of service

This website, mobile site and/or app, as the case may be (individually or collectively, “Website(s)”) is operated by QallOut, Inc. ("us/we/our"). "You/your" means you as a user of the Website. “User” means all users of the Website. By using the Website(s), you agree to be bound by these Terms of Service ("Terms of Service" or this "Agreement"), whether or not you registered for an account. The other integral part of this Agreement is our Privacy Policy located at www.QallOut.com/privacy. All capitalized terms used herein that are not otherwise defined in these Terms of Service shall be defined in the Privacy Policy.

We offer the Website(s), including all information, products and services available from the Website, to you conditioned upon your acceptance of all the terms, conditions, policies and notices stated in this Agreement. If there is anything you do not understand, please email any inquiry to inquiries@QallOut.com. Your continued use of the Website(s) constitutes your agreement to these Terms of Service. If at any time you do not agree to these Terms of Service, please do not use the Website(s).

You shall not use the Website(s) for any illegal purposes, and you will use it in compliance with all applicable laws and regulations. You shall not use the Website(s) in a way that may cause the Website(s) to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website(s) is in any way impaired. You agree not to attempt any unauthorized access to any part or component of the Website(s).

1. Term

This Agreement shall remain in full force and effect while you use the Website(s). You may terminate your registration at any time, for any reason, by contacting us at accounts@QallOut.com. We may terminate your registration for any reason and at any time, effective upon sending notice to you at your registered email address. Even after registration is terminated, this Agreement will remain in effect. This Agreement may change from time to time as provided herein, with or without the direct notification of our users.

2. Personal Use

The Website(s) is for the personal use of our Users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the authorized management of QallOut, Inc. Illegal and/or unauthorized use of the Website(s), including collecting user names by electronic or other means for the purpose of, among other acts, sending unsolicited email or unauthorized framing of or linking to the Website(s) is not permitted. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from personal profiles without notice. Appropriate legal action will be taken by us for any illegal or unauthorized use of the Website(s).

3. Errors and Inaccuracies

3.1 We strive to provide complete, accurate, up-to-date information on the Website(s). Unfortunately, despite our best efforts, human or technological errors may occur. The Website(s) may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability of our products, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice.

3.2 You acknowledge that the particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors and look of services and/or products offered on the Website(s).

3.3 If YOU BELIEVE THAT a SERVICE OR product offered by US is not as described, your sole remedy is to return it TO US FOR A REFUND.

4. Changes to Website(s) or These Terms of Service

4.1 Other than as may be required by law, we reserve the right to modify or withdraw, temporarily or permanently, the Website(s) (or any part of) with or without notice to you, and you confirm that we shall not be liable to you or any third party for any modification to withdraw or withdrawal of the Website(s) or any portion of it.

4.2 We may alter these Terms of Service from time to time, and your use of the Website(s) (or any part of the Website(s)) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms of Service have been changed. If you do not agree to any change to the Terms of Service then you must immediately stop using the Website(s).

4.3 The Website(s) is subject to constant change. You will not be eligible for any compensation because you cannot use any part of the Website(s) or because of a failure, suspension or withdrawal of all or part of the Website(s).

5. Services Offered

Nothing on the Website(s) constitutes a binding agreement to offer services or products described on the Website(s) or to make such services or products available in your area.

6. User Generated Content

6.1 You are solely responsible for the content, including but not limited to debate(s), video, comments, voice, audio, photos, personal profiles, information and photographs contained in personal profiles, and messages to other registered users that you publish or display on the Website(s) or any material or information that you transmit to other registered Users (individually or collectively, “Content”).

6.2 You must use the Website(s) in a manner consistent with any and all applicable laws and regulations.

6.3 You may not share, publish, abuse, harass or post others’ private, confidential information;

6.4 You represent and warrant that: (i) you own the Content posted and/or transmitted by you on the Website(s) or otherwise have the right to grant the license set forth in this section, and (ii) your Content does not violate any rights, including privacy rights, publicity rights, copyright rights, or other intellectual property rights of any person. You agree to pay for all royalties and fees owing any person by reason of any Content you post on the Website(s).

6.5 By posting any Content to the public areas of the Websites, you hereby grant to QallOut the exclusive, fully paid, worldwide license to use, publicly perform, stream, modify, display and disseminate such Content on or off the Website(s). Any third-party that desires to use such Content must obtain the prior written consent of QallOut.

6.6 You understand and agree that QallOut, in its sole discretion, may review and delete any information and/or User generated content sent to us and/or posted on the Website(s).

6.7 The following is a partial list of the kind of Content that is illegal and/or strictly prohibited on the Website(s). QallOut reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending post, information and/or communication from the Website(s) and terminating the registration of such violators. Prohibited Content includes Content that:

  • (i) is patently offensive and promotes hatred, violence or physical harm of any kind against any group or individual;
  • (ii) harasses or advocates harassment of another person;
  • (iii) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming;"
  • (iv) promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • (v) promotes an illegal copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  • (vi) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
  • (vii) provides material that exploits anyone in a sexual or violent manner, or solicits personal information from anyone;
  • (viii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  • (ix) solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
  • (x) involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or
  • (xi) uses sexually suggestive imagery, nudity, pornography or any other unfair, misleading or deceptive Content, including that which may be intended to draw traffic to a personal profile and/or Content.
  • (xii) QallOut reserves the right to keep or remove any and all content, based on its own interpretation of these rules.

6.8 You may not engage in advertising to, or solicitation of, any user of the Website(s) to buy or sell any products or services. You may not transmit any chain letters or junk email to other users of the Website(s). Although QallOut cannot monitor the conduct of its Users off the Website(s), it is also a violation of the Agreement to use any information obtained from the Website(s) in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any User of the Website(s) without their prior explicit consent.

6.9 Any automated use of the system, such as using scripts, is prohibited.

6.10 You may not attempt to impersonate another registered User or any other person who is not a registered user of the Website(s).

6.11 You may not use the account, user name, or password of another registered User at any time nor may you disclose your password to any third party or permit any third party to access your account.

6.12 You may not sell or otherwise transfer your personal profile.

6.13 Subject to QallOut’s right to remove any Content that is posted and/or transmitted in violation of these Terms of Service, which QallOut may remove at any time in its sole discretion with or without a user request, if you agree to a debate with another of our user(s) using QallOut’s “Head-2-Head or H2H, and subsequently request that QallOut remove your “Head-2-Head or H2H Content, such Content will only be removed if the applicable other user debating agrees. If you would like to request that any of your Content be removed from the Website(s), please contact us at support@QallOut.com. We will subsequently contact the other user involved in the “Head-2-Head” debate; if the user agrees, the Content will be removed, if the user does not agree, the Content will remain on the site, and QallOut will retain its right as exclusive distributor of said Content.

7. DMCA and IP Takedown Policy

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. If you believe that your work has been copied and posted on the Website(s) in a way that constitutes copyright infringement, please provide us with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Website(s); (d) your address, telephone number, and email address; (f) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (g) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Please send the foregoing to:

  • By email: dmca@QallOut.com
  • By mail: QallOut, Inc., 1225 M. King, Suite 1000, Wilmington, DE 19801
  • ATTN: DMCA Agent 

If you believe any of your other rights, including intellectual property rights, have been violated, please follow the same information and a takedown request sent to: support@QallOut.com with a subject line clearly indicating your complaint.

8. User Disputes

You are solely responsible for your interactions with other registered Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users.

9. Disclaimers

The opinions expressed by Users and/or in Content posted on the Website(s) are not necessarily the opinions of QallOut. QallOut is not responsible for any incorrect or inaccurate Content posted on the Website(s) by Users, whether caused by Users of the Website(s) or by any of the equipment or programming associated with or utilized by the Website(s). QallOut is not responsible for the conduct, whether online or offline, of any User of the Website(s). QallOut assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. QallOut is not responsible for any problems or technical malfunction of any telephone or other network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or the like due to technical problems or traffic congestion on the Internet or at any Website(s) or combination thereof, including any injury or damage to Users or to any User’s or person's computer related to or resulting from participation, including uploading or downloading of materials, in connection with the Website(s). Under no circumstances shall QallOut be responsible for any loss or damage, including personal injury or death, resulting from use of the Website(s) or from any Content posted on the Website(s) or transmitted to registered Users, or any interactions between Users of the Website(s), whether online or offline, even as a result of negligence by QallOut. The Website(s) are provided "AS-IS" and QallOut expressly disclaims any warranty of fitness for a particular purpose or non-infringement. QallOut cannot guarantee and does not promise any specific results from use of the Website(s).

10. Website(s) Promotion

QallOut may make use of or refer to User-posted content for the purpose of promotion of the Website(s). Such promotion may involve taking screen shots of a particular area of the Website(s) and/or Content posted by a User(s), and using that screen shot as a graphic in an advertisement. Promotion may also include quoting Content or playing audio or video posted to the public areas of the Website(s). QallOut makes no claim of ownership to such user-posted content.

11. Intellectual Property Ownership and Use

11.1 You acknowledge and agree that our trademarks, logos, copyrights and any and all other intellectual property rights in all material or content contained within the Website(s) shall remain at all times vested in us or, in the cases where we are using such material or content under authority from a third party, in the owner of such material or content.

11.2 We grant you the limited right to access and make use of the Website(s) as our User. However, you shall not: a) reproduce, duplicate, copy, sell or otherwise exploit the Website(s) or any image, page layout, page design, trade dress, trademark, logo or other content (“QallOut Site Content”) for any commercial purpose; b) use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Site Content; c) use any meta tags, search terms, key terms, or the like that contain the Website(s)’s name or our trademarks; d) engage in any activity that interferes with the Website(s) or another user’s ability to use the Website(s); e) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Website(s) and the goods or services offered on the Website(s); or f) assist or encourage any third party in engaging in any activity prohibited by these Terms of Service.

11.3 You may not shall not use, copy, distribute, or exploit any of the QallOut Site Content, including Content, in any manner without our prior written permission.

11.4 All QallOut Site Content and all materials and content contained within the Website(s), including but not limited to the text, graphics, logos, icons, images, audio clips, video clips, articles, posts and data appearing on the Website(s), are owned by us, or used by us under authorization, and are protected by U.S. and foreign trademark and copyright laws. No portion of the materials or content on these pages may be reprinted or republished in any form without our express written permission.

12. External Sites and Resources

We are not responsible for the availability of any websites, apps or other offerings owned or controlled by third-parties. We do not endorse and are not responsible or liable, directly or indirectly, for the operation of such third-party websites or the privacy practices or the content (including misrepresentative or defamatory content) of any third party websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such third-party external sites or resources.

13. Disclaimers

13.1 WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO THE ACCURACY OF ANY INFORMATION ON THE WEBSITE(S). THE WEBSITE(S) IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION. WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE WEBSITE(S), INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, CONDITION OR COMPLETENESS, OR ANY IMPLIED WARRANTY ARISING FROM THE COURSE OF DEALING OR USAGE OR TRADE.

13.2 WE MAKE NO WARRANTY THAT THE WEBSITE(S) WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE(S) OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS OR ARE FULLY FUNCTIONAL, ACCURATE, OR RELIABLE.

13.3 AS SET FORTH IN THE WEBSITE(S) PRIVACY POLICY, YOU ACKNOWLEDGE THAT WE CANNOT GUARANTEE, AND THEREFORE SHALL NOT BE IN ANY WAY RESPONSIBLE FOR, THE SECURITY OR PRIVACY OF THE WEBSITE(S) AND ANY INFORMATION PROVIDED TO OR TAKEN FROM THE WEBSITE(S) BY YOU.

14. Limitations on Liability

WE WILL NOT BE LIABLE FOR ANY ECONOMIC LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS) OR ANY LOSS OF GOODWILL OR REPUTATION, OR ANY LOSS OR CORRUPTION OF DATA, OR ANY SPECIAL OR INDIRECT OR CONSEQUENTIAL LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE(S); IN ANY CASE WHETHER OR NOT SUCH LOSSES WERE WITHIN THE CONTEMPLATION OF US AT THE DATE ON WHICH THE EVENT GIVING RISE TO THE LOSS OCCURRED.

15. Indemnification

YOU AGREE TO BE FULLY RESPONSIBLE FOR (AND FULLY INDEMNIFY US AGAINST) ALL CLAIMS, LIABILITY, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING LEGAL FEES, SUFFERED BY US AND ARISING OUT ANY BREACH BY YOU OF THESE TERMS OF SERVICE OR ANY OTHER LIABILITIES ARISING OUT OF YOUR USE OF THE WEBSITE(S), OR THE USE BY ANY OTHER PERSON ACCESSING THE WEBSITE(S) USING YOUR COMPUTER OR INTERNET ACCESS ACCOUNT.

16. Resolution of Claims or Disputes. 

You agree that any disputes regarding or relating to our website and Privacy Policy are subject to our Terms of Service and Privacy Policy and will be governed by the laws of the State of New York, applicable to agreements made and performed in New York. Except where prohibited by law and/or for claims of infringement, you agree that (1) any and all disputes and causes of action arising out of this Privacy Policy shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the Judicial Arbitration and Mediation Services, Inc. [“JAMS”] and held at the JAMS regional office located in New York, New York. The remedy for any claim shall be limited to actual damages, and in no event shall any party be entitled to recover punitive, exemplary, consequential, or incidental damages, including attorney’s fees or other such related costs of bringing a claim or seek injunctive relief or any other equitable claim. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. Except for claims of infringement, before bringing any such dispute to JAMS, you agree to first mediate any demand within thirty (30) calendar days of the date the demand was made.

17. Investigations of Violations of These Terms

We may investigate any reported violation of these Terms of Service and take any action that we deem appropriate. Such action may include, but is not limited to, issuing warnings, removing posted content and/or reporting any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties.

18. Notice for California Users

Under California Civil Code Section 1789.3, residents of California who use the Website(s) are entitled to know that they may file grievances and complaints with: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210, or by email at dca@dca.ca.gov.

19. Miscellaneous

19.1 If any part of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Terms of Service and shall not affect the validity and enforceability of any of the remaining provisions of the Terms of Service.

19.2 These Terms of Service and our Privacy Policy, and any other terms or agreements that may be posted on the Website(s) (as may be amended from time to time) (“Website Agreements”) contain the entire agreement between you and us relating to the Website(s) and your use of the Website(s) and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information shall alter the interpretation of these Website Agreements. You confirm that, in agreeing to accept these Website Agreements, you have not relied on any representation except insofar as the same has expressly been made a representation in these Website Agreements, and you agree that you shall have no remedy in respect of any representation which has not become a term of these Website Agreements.

19.3 You may send us notices or communicate with us by email at support@QallOut.com. If you send us an email that asks for a response, and you do not receive a response within ten (10) business days, please send us another email as we may not have received your previous email. When you send e-mail to us, you are communicating with us electronically, and you agree that we may communicate with you electronically. You acknowledge that communications by email are not considered confidential communications. Therefore, please do not send us any confidential information by email

DATE LAST MODIFIED: May 11, 2016