Terms of Service

Welcome to QoQer.com

The following terms of service (these "Terms of Service"), govern your access to and use of the QoQer website and mobile application, including any content, functionality and services offered on or through www.QoQer.com or the QoQer mobile application (the "Site") by QoQer International Ltd and its subsidiaries: QoQer Inc. "QoQer" "we" or "us" and “you” or “user” means you as an user of the Site. Please read the Terms of Service carefully before you start to use the Site. By using the Site, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree, on behalf of yourself or on behalf of your employer or any other entity (if applicable), to be bound and abide by these Terms of Service, QoQer Payment Terms, found here (“Payment Terms”), and our Privacy Policy, found here, each of which is incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site. For more detailed policies surrounding the activity and usage on the Site, please access the designated articles herein. This Site is offered and available to users who are 13 years of age or older. If you are under 13 you may not use this Site or the QoQer services. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site. Our Customer Support team is available 24/7 if you have any questions regarding the Site or Terms of Service. Contacting our Customer Support team can be performed by submitting a request here.

The original language of these Terms of Service, as well as all other texts throughout the Site, is English. QoQer makes available this translation for convenience only. In case of conflicts between the original English version and any translation, the English version shall prevail.

Key Terms

Business owners are users who purchase services on QoQer.

Business Account is a collaborative Business owners account, created via QoQer Business, as detailed on QoQer Business Terms of Service (available here).

Business Account Team Member or Team Member is any user that is invited or uses a Business Account.

Custom Offers are exclusive proposals that a Account manager can create in response to specific requirements of a Business owners.

Custom Orders are requests made by a Business owners to receive a Custom Offer from a Account manager.

Logo Design is an original design for a logo uploaded by a Account manager through the QoQer Logo Maker.

Order Page is where Business owners and Account managers communicate with each other in connection with an ordered Product/Service.

Orders are the formal agreements between a Business owners and Account manager after a purchase was made from the Account manager’s Product/Service Page.

Overview (Main terms, in a nutshell)

• Only registered users may buy and sell on QoQer. Registration is free. In registering for an account, you agree to provide us with accurate, complete and updated information and must not create an account for fraudulent or misleading purposes. You are solely responsible for any activity on your account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your account.
• Business owners pay QoQer in advance to create an order (see Payment Terms).
• Orders are purchased through the Order button found on a Account manager’s Product/Service page or through a Custom Offer.
• For fees and payments please read the Payment Terms
• Account managers must fulfill their orders, and may not cancel orders on a regular basis or without cause. Cancelling orders will affect Account managers’ reputation and status.
• Account managers gain account statuses (Levels) based on their performance and reputation. Advanced levels provide their owners with benefits, including offering services for higher prices through Product/Service Extras, or selling their Product/Service in multiples.
• Users may not offer or accept payments using any method other than placing an order through QoQer.com.
• When purchasing a Product/Service, Business owners are granted all rights for the delivered work, unless otherwise specified by the Account manager on their Product/Service page. Note: some Product/Services charge additional payments (through Product/Service Extras) for Commercial Use License. See our “Ownership” and “Commercial Use License” sections below for more information.
• QoQer retains the right to use all published delivered works for QoQer marketing and promotion purposes.
• We care about your privacy. You can read our Privacy Policy here. The Privacy Policy is a part of these Terms of Service and incorporated herein by reference.
• Users undertake to comply with QoQer’s Community Standards, which are a set of behavior rules and guidelines, applicable to the QoQer community and marketplace in addition to these Terms of Service, as updated from time to time.
• QoQer offers its users the Logo Maker, which allows certain Account managers to offer various original logo designs for Business owners to adjust and customize per their own specific needs, using special automated design tools. Through the Logo Maker, Business owners purchase full commercial use rights to the Logo Design embedded with their brand name.

ACCOUNT MANAGERS

Basics

• Account managers create Product/Services on QoQer to allow Business owners to purchase their services.
• Account managers may also offer Custom Offers to Business owners in addition to their Product/Services.
• Each Product/Service you sell and successfully complete, accredits your account with a net revenue of 80% of the purchase amount.
• QoQer accredits Account managers once an order is completed. See our "Orders" section below for a definition of a completed order.
• For more information about receiving payments, fees and taxes see the Payment Terms.
• Account managers may not promote their Product/Services or any QoQer content via the Google Ads platform.
• The Account manager's rating is calculated based on the order reviews posted by Business owners or Business Account Team Members. High ratings allow Account managers to obtain advanced Account manager levels (see Levels below). In certain cases, exceedingly low ratings may lead to the suspension of the Account manager’s account.
• or security concerns, QoQer may temporarily disable a Account manager’s ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by other users, or associating multiple QoQer accounts to a single withdrawal provider.
• Account managers are responsible for obtaining a general liability insurance policy with coverage amounts that are sufficient to cover all risks associated with the performance of their services.

Top Rated Account managers

• Top Rated Account managers are chosen manually by QoQer editors through an ongoing review process based on seniority, volume of sales, extremely high ratings, exceptional customer care, high order completion rate and community leadership. Top Rated Account managers gain access to more extensive features than previous levels, including exclusive access to beta features and VIP support.
• Top Rated eligibility is constantly evaluated by QoQer to ensure that the quality standards and expectations of the Top Rated selection is kept. QoQer retains the right to change a Top Rated Account manager status in light of such evaluation. In addition, Top Rated Account managers who cannot maintain their high quality service through a severe drop in ratings, stop delivering on time, increased cancellation rate or violate our Terms of Service and/or our Community Standards, also risk losing their Top Rated status and the benefits that come with it.

Pro Account managers

• Pro Account managers are pre-verified professionals who undergo a vetting process by QoQer editors. Applying for QoQer Pro is open to everyone: professional freelancers who are new to QoQer, as well as existing QoQer Account managers.
• Pro Account managers eligibility is constantly evaluated by QoQer to ensure that the quality standards and expectations of the Pro Account manager selection is kept. QoQer retains the right to change a Pro Account manager status in light of such evaluation. In addition, Pro Account managers who cannot maintain their high quality service through a severe drop in ratings, stop delivering on time, increased cancellation rate or violate our Terms of Service, also risk losing their Pro status and the benefits that come with it.

QoQer Business Catalog

QoQer Business is a platform tailor-made for larger teams and businesses. Account managers on the QoQer Business catalog are required to comply with certain professional standards. Eligible Account managers whose Product/Services are included in the QoQer Business catalog will be regularly evaluated by QoQer to ensure their high-quality professionalism is kept. QoQer reserves the right to remove Account managers and Product/Services from the QoQer Business catalog.

Account manager Features

QoQer Account managers have access to several exclusive features that help customize the way their services can be offered.

Custom Offer

• Account managers can also send Custom Offers addressing specific requirements of a Business owners.
• Custom Offers are defined by the Account manager with the exact description of the service, the price and the time expected to deliver the service.
• Custom Offers are sent from the conversation page.
• Services provided through Custom Offers may not violate QoQer’s Terms of Service and/or our Community Standards.

Project Milestones:

• Custom Offers above $100 may include up to three project milestones. Each milestone is paid and delivered separately in accordance with each Custom Offer’s description and timelines.
• A milestone is marked as Complete after it is delivered by the Account manager and then accepted by the Business owners. A milestone will be automatically marked as complete if no acceptance or request for modification were submitted within 8 days after marked as Delivered, however, in such case the Order will be stopped and all further milestones will be cancelled.
• Once a milestone is delivered, Business owners may choose to either continue with the Order and pay for the next milestone, or to stop the Order. Please note that if you choose to stop the Order, the current delivered milestone will not be cancelled.

QoQer Studios

A QoQer Studio allows certain Account managers to collaborate with each other and offer Business owners a multi-service Product/Service (a "Studio Product/Service").

Studio Lead: Certain selected Account managers may lead and operate QoQer Studios as Studio Leads. Studio Leads are chosen manually by QoQer editors through an ongoing review process based on seniority, volume of sales, high ratings, exceptional customer care, high order completion rate and more. The Studio Lead is responsible for inviting all Studio Members and managing all incoming Orders, from communicating with the Business owners, through handling any required revisions and until the final delivery. The Studio Lead can also remove Studio Members from Studio Product/Services at any time. With respect to open Orders, however, Studio Members can be removed by Customer Support only.

Studio Members: A Studio Lead can invite other Account managers who were also chosen by QoQer to be eligible for Studios collaboration (each, a "Studio Member") to join their Studio Product/Service and be assigned to a specific service. Studio Members can ask to be removed from a Studio Product/Service at any time.

Studio Product/Services: A Studio Product/Service provides a bundle of services (from two services and up to five) within one Product/Service. A Studio Product/Service’s minimum price is US$100. As Studio Product/Service is comprised of several services, every service includes its own pricing, pricing factors, and a Studio Member / Lead that is accountable for such service, all of which is defined by the Studio Lead when creating the Studio Product/Service. QoQer Studios may also offer Custom Offers.

Limitations: Each QoQer Studio has one Studio Lead. Similarly, a Studio Lead may not operate more than one QoQer Studio. A QoQer Studio can offer up to five Studio Product/Services, each comprised of up to four Studio Members in addition to the Studio Lead. Studio Members may not be assigned to more than three Studio Product/Services.

Studio Product/Service Reviews: Studio Product/Service Business owners are able to leave a public review on the Studio Product/Service as if it were a regular Product/Service. The public buying rating & review is linked to and visible on the Studio Product/Service page, the QoQer Studio itself (studio page), as well as all Studio Members and Studio Lead of that QoQer Studio.

Stock Images

Eligible Product/Services have the option to use Stock Images.

“Stock Images” is a Product/Service Extra that allows Account managers to choose from an exclusive catalog of images as part of the final delivery of work. Important: Each selected Stock Image is authorized for a one time use. The selected image is integrated with the delivered work only and not as a stand-alone or for recurring use. Account managers are unauthorized to share the original image file with the Business owners or any third party.

1. Important: If you cancel an Order that includes a Stock Image, the usage of that Stock Image will be cancelled as well and you will no longer be able to use the Stock Image Extra on the same Order.
2. All Stock Images are licensed by GettyImages®, who has full ownership and copyrights to the Stock Images provided on QoQer and shall be responsible for all Stock Images and their quality.
3. When using Stock Images, you represent and warrant the following:
4. You may not sell, modify, re-use, re-sell, distribute, display, reproduce or make any other use of the Stock Images.

5. Stock Image(s) may not be used:

   • on a stand-alone basis with no other content;
   • for pornographic, defamatory or other unlawful purposes;
   • as templates used to create multiple copies of the same Product/Service;
   • for the purpose of enabling file-sharing of the image file; or in logos, trademarks, service marks or any other branding or identifiers.
6. If Stock Images featuring individuals is used in connection with a sensitive, unflattering or controversial subject, you must include a statement that the image is used for illustrative purposes only and the individual is a model.
7. You may not activate the “right-click” function in Stock Images, remove any metadata in Stock Images, or reverse engineer, decompile, or disassemble the Stock Image(s) to enable the download or use Stock Images on a stand-alone basis.
8. No ownership or copyrights to Stock Images are granted to you.
9. Users can contact QoQer's customer support department for assistance here.

Shipping Physical Deliverables

Some of the services on QoQer are delivered physically (arts and crafts, collectable items, etc.). For these types of Product/Services, Account managers may decide to add shipping charges. Account managers can add shipping charges for local shipping (within the same country) and for international shipping (anywhere else).

• Product/Services that include shipping costs must have physical deliverables sent to Business owners.
• Shipping costs added to a Product/Service only pertains to the cost Account managers require to ship physical items to Business owners.
• Important: Business owners who purchase Product/Services that require physical delivery, will be asked to provide a shipping address.
• Account managers are responsible for all shipping arrangements once the Business owners provides the shipping address.
• QoQer does not handle or guarantee shipping, tracking, quality, and condition of items or their delivery and shall not be responsible or liable for any damages or other problems resulting from shipping.
• A tracking number is a great way to avoid disputes related to shipping. We require entering the tracking number if available in the Order Page when delivering your work.

BUSINESS OWNERS

Basics

• You may not offer direct payments to Account managers using payment systems outside of the QoQer platform.
• QoQer retains the right to use all publicly published delivered works for QoQer marketing and promotional purposes.
• Business owners may request a specific service from the Post a Request feature. Services requested on QoQer must be an allowed service on QoQer. Please click here for guidelines on approved services. Users should refrain from using the Post a Request feature for any purpose other than looking for services on QoQer.

Purchasing

• Please refer to the Payment Terms for making Payments through the QoQer platform and to learn about fees and taxes.
• In addition, Business owners can request a Custom Order which addresses specific Business owners requirements, and receive a Custom Offer from Account managers through the site or through QoQer Anywhere.
• You may not offer Account managers to pay, or make payment using any method other than through the QoQer.com site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support here.

ORDERS

Basics

• Once payment is confirmed, your order will be created and given a unique QoQer order number (#FO).
• Account managers must deliver completed files and/or proof of work using the Deliver Work button (located on the Order page) according to the service that was purchased and advertised on their Product/Service.
• The Deliver Work button may not be abused by Account managers to circumvent Order guidelines described in these Terms of Service. Using the “Deliver Work” button when an Order was not fulfilled may result in a cancellation of that Order after review, affect the Account manager’s rating and result in a warning to Account manager.
• An Order is marked as Complete after it is marked as Delivered and then accepted by a Business owners. An Order will be automatically marked as Complete if not accepted and no request for modification was submitted within 3 days after the Order was marked as Delivered.
• We encourage our Business owners and Account managers to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Centre or if you encounter non-permitted usage on the Site, users can contact QoQer's Customer Support department for assistance here. For more information about disputes, Order cancellations and refunds please refer to the Payment Terms.
• Orders through the Logo Maker are completed once payment is made by the Business owners.

Handling Orders

• When a Business owners orders a Product/Service, the Account manager is notified by email as well as notifications on the site while logged into the account.
• Account managers are required to meet the delivery time they specified when creating their Product/Services. Failing to do so will allow the Business owners to cancel the Order when an Order is marked as late and may harm the Account manager's status.
• Account managers must send completed files and/or proof of work using the Deliver Completed Work button (located on the Order page) to mark the Order as Delivered.
• Users are responsible for scanning all transferred files for viruses and malware. QoQer will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.
• Business owners may use the "Request Revisions" feature located on the Order Page while an Order is marked as Delivered if the delivered materials do not match the Account manager's description on their Product/Service page or they do not match the requirements sent to the Account manager at the beginning of the order process.

Reviews

• Feedback reviews provided by Business owners while completing an Order are an essential part of QoQer's rating system. Reviews demonstrate the Business owner’s overall experience with the Account managers and their service. Business owners are encouraged to communicate to the Account manager any concerns experienced during their active order in regards to the service provided by the Account manager.
• Leaving a Business owner’s feedback is a basic prerogative of a Business owners. Feedback reviews will not be removed unless there are clear violations of our Terms of Service and/or our Community Standards.
• To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the QoQer platform from users within our Community. Purchases arranged, determined to artificially enhance Account manager ratings, or to abuse the QoQer platform with purchases from additional accounts, will result in a permanent suspension of all related accounts.
• Feedback comments given by Business owners are publicly displayed on a Account manager’s Product/Service page.
• Work Samples are the delivered images and videos sent to a Business owners in a delivery message. Work Samples are added to a Account manager's Live Portfolio on their Product/Service page if the Business owners chooses to publish the Work Sample while providing a public feedback review.
• Withholding the delivery of services, files, or information required to complete the Product/Service’s service with the intent to gain favorable reviews or additional services is prohibited.
• Responding and posting a review: Once work is delivered, the Business owners has three days to respond. If no response is provided within the response period, the Order will be considered completed.
• Users are allowed to leave reviews on Orders up to 10 days after an Order is marked as complete. No new reviews may be added to an Order after 10 days.
• Account managers may not solicit the removal of feedback reviews from their Business owners through mutual cancellations.
• Feedback reviews are unavailable for orders made through the Logo Maker.

Disputes and Cancellations

We encourage our Business owners and Account managers to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact QoQer's Customer Support department for assistance here. For more information about disputes, Order cancellations and refunds please refer to the Payment Terms.

QoQer Logo Maker

QoQer Logo Maker allows certain Account managers to offer various original logo designs (each, a “Logo Design”) for Business owners to adjust and customize per their own specific needs, using special automated design tools. Through the Logo Maker, Business owners purchase full commercial use rights to the Logo Design embedded with their brand name.

QoQer Logo Maker Account managers are chosen manually by QoQer editors through an ongoing review process based on quality of designs, seniority, volume of sales, high ratings, exceptional customer care, high order completion rate and more.

By uploading a Logo Design to QoQer Logo Maker you represent and warrant that it is your original work, you exclusively own all rights to such design, and it does not infringe any third party rights. You further warrant that such design was never sold before to anyone and that you will not offer it for sale outside of QoQer Logo Maker.

We may use automated systems that analyze your uploaded Logo Design to help detect and prevent infringement or other illegal content.

We may limit the number of active Logo Designs you can offer.

Logo Design Commercial use license

When an order through the Logo Maker is completed, and subject to payment, the Account manager grants the Business owners a worldwide, royalty-free, non-sublicensable, non-exclusive, irrevocable license to use the Logo Design embedded with the Business owner’s brand name for any purpose, except for any illegal, immoral or defamatory purpose. There is no warranty, express or implied, with the grant of this license, including with respect to fitness for a particular purpose. Neither the Account manager nor QoQer will be liable for any claims, or incidental, consequential or other damages arising out of this license, the Logo Design or the Business owners use of the Logo Design. For the avoidance of doubt, the Account manager retains all ownership rights to the Logo Design, and no ownership or copyrights are granted to the Business owners.

User Conduct and Protection

QoQer enables people around the world to create, share, sell and purchase nearly any service they need at an unbeatable value. Services offered on QoQer reflect the diversity of an expanding Product/Service economy. Members of the QoQer community communicate and engage through orders, social media, and on QoQer’s Community Forums.

QoQer maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of QoQer. This section relates to the expected conduct users should adhere to while interacting with each other on QoQer.

To report a violation of our Terms of Service and/or our Community Standards, User Misconduct, or inquiries regarding your account, please contact our Customer Support team here.

Basics

• To protect our users' privacy, user identities are kept anonymous. Requesting or providing Email addresses, Skype/IM usernames, telephone numbers or any other personal contact details to communicate outside of QoQer in order to circumvent or abuse the QoQer messaging system or QoQer platform is not permitted.
• Any necessary exchange of personal information required to continue a service may be exchanged within the Order Page.
• QoQer does not provide any guarantee of the level of service offered to Business owners. You may use the dispute resolution tools provided to you in the Order Page.
• QoQer does not provide protection for users who interact outside of the QoQer platform.
• All information and file exchanges must be performed exclusively on QoQer's platform.
• Rude, abusive, improper language, or violent messages will not be tolerated and may result in an account warning or the suspension/removal of your account.
• QoQer is open to everyone. Discrimination against a community member based on gender, race, age, religious affiliation, sexual preference or otherwise is not acceptable and may result in the suspension/removal of your account.
• Users may not submit proposals or solicit parties introduced through QoQer to contract, engage with, or pay outside of QoQer. Orders
• Users with the intention to defame competing Account managers by ordering from competing services will have their reviews removed or further account status related actions determined by review by our Trust & Safety team.
• Users are to refrain from spamming or soliciting previous Business owners or Account managers to pursue removing/modifying reviews or cancelling orders that do not align on Order Cancellation or Feedback policies.

Product/Services

• Users may report Product/Services to Customer Support that may be in violation of QoQer’s Terms of Service based on the reported Product/Service’s replicated similarity to pre-existing services (copycat Product/Services).
• Account managers warrant that any content included in their Product/Services shall be original work conceived by the Account managers and shall not infringe any third party rights, including, without limitation, copyrights, trademarks or service marks. In the event that certain music or stock-footage media are incorporated within the Product/Services, Account managers represent and warrant that they hold a valid license to use such music and/or footage and to include them in the Product/Services.
• QoQer will respond to clear and complete notices of alleged copyright or trademark infringement. Our Intellectual Property claims procedures can be reviewed here.

Reporting Violations

If you come across any content that may violate our Terms of Service and/or our Community Standards, you should report it to us through the appropriate channels created to handle those issues as outlined in our Terms of Service. All cases are reviewed by our Trust & Safety team. To protect individual privacy, the results of the investigation are not shared. You can review our Privacy Policy for more information.

Violations

Users may receive a warning to their account for violations of our Terms of Service and/or our Community Standards or any user misconduct reported to our Trust and Safety team. A warning will be sent to the user's email address and will be displayed for such user on the Site. Warnings do not limit account activity, but can lead to your account losing Account manager statuses or becoming permanently disabled based on the severity of the violation.

Non-Permitted Usage

Adult Services & Pornography - QoQer does not allow any exchange of adult oriented or pornographic materials and services.

Inappropriate Behavior & Language - Communication on QoQer should be friendly, constructive, and professional. QoQer condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals, a system to rate orders, and to engage on larger platforms such as our

Community Forum and Social Media pages.

Phishing and Spam - Members’ security is a top priority. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our members privacy by not contacting them with offers, questions, suggestions or anything which is not directly related to their Product/Services or orders.

Privacy & Identity - You may not publish or post other people's private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the Order Page. Account managers further confirm that whatever information they receive from the Business owners, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the Business owners. Any users who engage and communicate off of QoQer will not be protected by our Terms of Service.

Authentic QoQer Profile - You may not create a false identity on QoQer, misrepresent your identity, create a QoQer profile for anyone other than yourself (a real person), or use or attempt to use another user’s account or information; Your profile information, including your description, skills, location, etc., while may be kept anonymous, must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. QoQer reserves the right to require users to go through a verification process in order to use the Site (whether by using ID, phone, camera, etc.).

Intellectual Property Claims - QoQer will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service. Our Intellectual Property claims procedures can be reviewed here.

Fraud / Unlawful Use - You may not use QoQer for any unlawful purposes or to conduct illegal activities.

Abuse and Spam

Multiple Accounts - To prevent fraud and abuse, users are limited to one active QoQer account and one active QoQer Business account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the QoQer community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations of QoQer’s Terms of Service and/or our Community Standards is a cause for permanent suspension of all accounts.

Targeted Abuse - We do not tolerate users who engage in targeted abuse or harassment towards other users on QoQer. This includes creating new multiple accounts to harass members through our message or ordering system.

Selling Accounts - You may not buy or sell QoQer accounts.

Proprietary Restrictions

The Site, including its general layout, design and content, is exclusively owned by QoQer and protected by copyright and trademark law. QoQer®, Product/Service® and Product/Services® are all registered trademarks owned exclusively by QoQer. Users have no right, and specifically agree not to do the following with respect to the Site or any part, component or extension of the Site (including its mobile applications): (i) copy, transfer, adapt, modify, distribute or reproduce it, in any manner; (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization; (iii) modify or create derivative works; (iv) remove any copyright notice, identification or any other proprietary notices, or; (v) use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other users’ enjoyment of the Site. Users also agree not to permit or authorize anyone else to do any of the foregoing.

Feedback Rights

To the extent that you provide QoQer with any comments, suggestions or other feedback regarding the QoQer platform or the Site as a whole, as well as other QoQer products or services (collective, the “Feedback”), you will be deemed to have granted QoQer an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback. QoQer is under no obligation to implement any Feedback it may receive from users.

Confidentiality

Account managers should recognize that there might be a need for Business owners to disclose certain confidential information to be used by Account managers for the purpose of delivering the ordered work, and to protect such confidential information from unauthorized use and disclosure. Therefore, Account managers agree to treat any information received from Business owners as highly sensitive, top secret and classified material. Without derogating from the generality of the above, Account managers specifically agree to (i) maintain all such information in strict confidence; (ii) not disclose the information to any third parties; (iii) not use the information for any purpose except for delivering the ordered work; and (vi) not to copy or reproduce any of the information without the Business owner’s permission.

General Terms

• QoQer reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms of Service and/or our Community Standards or due to any illegal or inappropriate use of the Site or services.
• Violation of QoQer’s Terms of Service and/or our Community Standards may get your account disabled permanently.
• Users with disabled accounts will not be able to sell or buy on QoQer.
• Users who have violated our Terms of Service and/or our Community Standards and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.
• Users have the option to enable account Security features to protect their account from any unauthorized usage.
• Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.
• Disputes should be handled using QoQer’s dispute resolution tools (‘Resolution Center’ on the order page) or by contacting QoQer Customer Support.
• QoQer may make changes to its Terms of Service from time to time. When these changes are made, QoQer will make a new copy of the terms of service available on this page.
• You understand and agree that if you use QoQer after the date on which the Terms of Service have changed, QoQer will treat your use as acceptance of the updated Terms of Service.

User Generated Content

User Generated Content (“UGC”) refers to the content added by users as opposed to content created by the Site. All content uploaded to QoQer by our users (Business owners and Account managers) is User Generated Content. QoQer does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations and the user uploading/creating such content shall be solely responsible for it and the consequences of using, disclosing, storing, or transmitting it. By uploading to, or creating content on, the QoQer platform, you represent and warrant that you own or have obtained all rights, licenses, consents, permissions, power and/or authority, necessary to use and/or upload such content and that such content or the use thereof in the Site does not and shall not (a) infringe or violate any intellectual property, proprietary or privacy, data protection or publicity rights of any third party; (b) violate any applicable local, state, federal and international laws, regulations and conventions; and/or (c) violate any of your or third party’s policies and/or terms of service. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.

Furthermore, QoQer is not responsible for the content, quality or the level of service provided by the Account managers (even if they are Pro Account managers, Top Rated Account managers, offer Promoted Product/Services or otherwise). We provide no warranty with respect to the Product/Services, their delivery, any communications between Business owners and Account managers, and the Logo Designs created through the Logo Maker. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate services.

By offering a service, the Account manager undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service that is offered on QoQer. Account managers advertising online their Product/Service or Logo Design created through the Logo Maker must comply with laws and terms of service of the advertising platform or relevant website used to advertise. Failing to do so may result in removal of the Product/Service or Logo Design from the Logo Maker, as applicable, and may lead to the suspension of Account manager’s account.

For specific terms related to Intellectual Property rights and for reporting claims of copyright infringement (DMCA notices) or trademark infringement - please see our Intellectual Property Claims Policy which forms an integral part of these Terms of Service. Note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Ownership

Ownership and limitations: When purchasing a Product/Service on QoQer, unless clearly stated otherwise on the Account manager’s Product/Service page/description, when the work is delivered, and subject to payment, the Business owners is granted all intellectual property rights, including but not limited to, copyright in the work delivered from the Account manager, and the Account manager waives any and all moral rights therein. Accordingly, the Account manager expressly assigns to the Business owners the copyright in the delivered work. All transfer and assignment of intellectual property to the Business owners shall be subject to full payment for the Product/Service, and the delivery may not be used if payment is cancelled for any reason. For removal of doubt, in custom created work (such as art work, design work, report generation etc.), the delivered work and its copyright shall be the exclusive property of the Business owners and, upon delivery, the Account manager agrees that it thereby, pursuant to these Terms of Service, assigns all right, title and interest in and to the delivered work to the Business owners. Some Product/Services (including for custom created work) charge additional payments (through Product/Service Extras) for a Commercial Use License. This means that if you purchase the Product/Service for personal use, you will own all rights you require for such use, and will not need the Commercial Use License. If you intend to use it for any charge or other consideration, or for any purpose that is directly or indirectly in connection with any business, or other undertaking intended for profit, you will need to buy the Commercial Use License through a Product/Service Extra and will have broader rights that cover your business use.

For Voice Over Product/Services, when the work is delivered, and subject to payment, the Business owners is purchasing basic rights, (which means the Business owners is paying a one time fee allowing them to use the work forever and for any purpose except for commercials, radio, television and internet commercial spots). If you intend to use the Voice Over to promote a product and/or service (with the exception of paid marketing channels), you will need to purchase the Commercial Rights (Buy-Out) through Product/Service Extra. If you intend to use the Voice Over in radio, television and internet commercials, you will need to purchase the Full Broadcast Rights (Buy-Out) through Product/Service Extra. For further information on the type of buy-outs, please read below.

Furthermore, users (both Business owners and Account managers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to QoQer, including Product/Service texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by QoQer for no consideration for marketing and/or other purposes.

Product/Service Commercial Use License

By purchasing a “Commercial Use License” with your Product/Service Order, the Account manager grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased delivery for Permitted Commercial Purposes. For the avoidance of doubt, the Account manager retains all ownership rights. “Permitted Commercial Purposes” means any business related use, such as (by way of example) advertising, promotion, creating web pages, integration into product, software or other business related tools etc., and strictly excludes any illegal, immoral or defamatory purpose. This License is subject to QoQer’s Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Neither the Account manager nor QoQer will be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.

Disclaimer of Warranties

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER QOQER NOR ANY PERSON ASSOCIATED WITH QOQER MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Machine Translation

Certain user-generated content on the Site has been translated for your convenience using translation software powered by Amazon Translate. Reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect nor is it intended to replace human translators. Such translations are provided as a service to users of the Site, and are provided “as is”. No warranty of any kind, either expressed or implied, is made as to the accuracy, reliability, or correctness of such translations made from English into any other language. Some user-generated content (such as images, videos, Flash, etc.) may not be accurately translated or translated at all due to the limitations of the translation software.

The official text is the English version of the Site. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. If any questions arise related to the accuracy of the information contained in the translated content, please refer to the English version of the content which is the official version.

Limitation on Liability

IN NO EVENT WILL QOQER, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

The term “Affiliate” referred to herein, is an entity that, directly or indirectly, controls, or is under the control of, or is under common control with QoQer, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.