Terms of Service

Thank you for using oGoing. ("oGoing ", " we " or " us ")! oGoing Inc. provides a software platform (the " oGoing Platform ") that enables you to create, join or browse Social Networks (as defined below) built on the oGoing Platform. We also provide a set of services that will enhance your experience as a member of the Social Networks on the oGoing Platform.

These Terms of Service contain general terms that apply to you as a user of the oGoing Platform, along with additional terms that may apply to you as a Network Creator (as defined below) if you decide to create your own Social Network (as a business user). When using the oGoing Platform, you will also be subject to the oGoing Privacy Policy and additional posted guidelines, policies or rules applicable to specific services and features on the oGoing Platform, which may be posted by us from time to time (collectively, the "Guidelines"). All of these Guidelines are part of this Agreement and are hereby incorporated by reference. Additionally, if you are developing networks, products or services using oGoing's application programming interfaces ("APIs"), or have otherwise signed up for a developer account (thereby becoming a "Third Party Application Developer"), you will also be subject to the oGoing Application Developer Terms. If you are adding third party widgets and applications ("Third Party Applications") or adding custom code not provided by or endorsed by oGoing ("Non-oGoing Code") to your Social Networks or adding applications that may be developed or contributed by oGoing ("oGoing Applications") to either your Social Network or a third party web site, you will also be subject to the oGoing Applications Terms. The oGoing Application Developer Terms and oGoing Applications Terms are hereby incorporated by reference. We strongly recommend that, as you read these Terms of Service, you also access and read the linked information. These Terms of Service, including any Guidelines and future modifications (collectively the "Terms of Service" or "Agreement") govern your use of the oGoing Platform and is a legal contract between you and oGoing. By registering with us or using or browsing the oGoing Platform, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree to these terms, you can stop using the oGoing Platform at any time. The oGoing Platform is not directed to children younger than 18 and is offered only to users 18 years of age or older. If you are under 18 years old, please do not use the oGoing Platform. Any person who provides their personal information through the oGoing Platform represents to us that they are 18 years of age or older.You represent that you are fully able and competent to enter into the terms, conditions, obligations, representations and warranties set forth in these Terms of Service. If you are using or creating a Social Network on the oGoing Platform as a representative of a company or legal entity,

you represent that you have the authority to enter into this Agreement on behalf of that company or entity, and

you agree that the terms "you" and "your" in this Agreement refers to your company or legal entity.

"Content" means

any work of authorship in a Social Network, including, updates, messages, comments, recommendations, photos, sounds, images, text, listings, logos, trademarks, postings, tags and other content added to or submitted with any of the foregoing; or
other materials posted on or transmitted through any Social Network or the oGoing Platform. "Your Content" is any Content that you submit to a Social Network or the oGoing Platform, either as a oGoing Member, Network Member or Network Creator (all as defined below). If you are a Network Creator, Your Content includes the name, logo, trademark, brand features and other Content that you (and not the Network Members of Your Social Network(s) make available). Content does not include Network Code or Platform Code. "Members" means both Network Members and oGoing Members. "Network Creator" is a oGoing Member who creates and operates one or more Social Networks on the oGoing Platform. A Network Creator is by definition a Network Member of each of his or her Social Networks. "Network Members" are oGoing Members who have also registered with a particular Social Network on the oGoing Platform using their oGoing User Name. "Your Network Members" are Network Members who have registered with Your Social Network. "Network Member Data" means data provided by or collected from a Network Member by a Network Creator for a particular Social Network, such as profile data, including certain items of registration information (e.g. email addresses), answers to Social Network profile questions, forum posts, and statistical information about Content contributed. Network Member Data does not include the oGoing User Name or any oGoing Member Data. "Embeddable Widget" means any embeddable application provided and hosted by oGoing that allows for the viewing or playing of audio, photos, video, text and other material on third party websites or services. "Network Code" means the software code (i.e., HTML, Javascript, or PHP code) used to provide the functionality for a Social Network that is interpreted by the Platform Code (as defined below). Network Code consists of oGoing proprietary code, Third Party Software (as defined below), and may also consist of Your Code (as defined below), as applicable, but expressly excludes Platform Code. "oGoing User Name" is an account you create with oGoing which includes a name, email address, date of birth and password. When you register as a Network Member on one or more Social Networks on the oGoing Platform, you use the email address and password portion of your oGoing User Name to authenticate with each such Social Network. Additionally, each Social Network of which you become a Network Member will have access to your date of birth, email address and name as stored in your oGoing User Name and this information will be pre-populated into both Your oGoing Profile (as defined below) and Your My Profile (as defined below) upon sign-up. "oGoing Members" are Users who complete a registration process with oGoing and obtain a oGoing User Name. oGoing Members may also (but are not required to) become Network Members. "oGoing Member Data" is data collected from Users by oGoing, including the data collected for the oGoing User Name and any data provided in Your oGoing Profile (as defined below). oGoing Member Data does not include Network Member Data. "oGoing Member Services" are the services provided by oGoing to Network Members. oGoing Member Services include, but aren't limited to: Network Member registration, Network Member sign in and authentication, a message center, friends, contact management (including the ability to import contacts from third-party email services), and other services for memberships on more than one social network. oGoing Member Services do not include any services that Network Creators provide to their Network Members. "oGoing Network Creator Services" are the services oGoing provides to Network Creators. oGoing Network Creator Services include, but aren't limited to: a Network Creator's own Social Network application; Network Member registration and authentication services; Network Member account management; Social Network management and security applications; internal and external APIs; Javascript-compatible APIs; a semi-structured content store; and Social Network display, management, and search services. Certain basic oGoing Network Creator Services are provided free of charge when you create a Social Network on the oGoing Platform. "oGoing Profile" means information that, if you are a oGoing Member, you have provided to oGoing that is aggregated by oGoing into a master profile. Your oGoing Profile enables you to keep track of friends, updates and messages. "Your oGoing Profile" is a oGoing Profile created by you on the oGoing Platform. "oGoing Technology" means the past, present and future content of the oGoing Platform, including all software in any format (including the Platform Code and Network Code), Embeddable Widgets, hardware, products, processes, algorithms, user interfaces, know-how, techniques, organization, designs, text, images, photographs, illustrations, audio or video material, artwork, graphic material, podcasts, advertising copy, databases, proprietary information, all copyrightable or otherwise legally protectible elements of the oGoing Platform and all other tangible or intangible materials related to, displayed, performed or distributed on the oGoing Platform and the oGoing Platform itself, including, the selection, sequence, and "look and feel" and arrangement of items on the oGoing Platform, and all oGoing Marks (as defined below), domain names, patents, and other intellectual property. oGoing Technology does not include Your Content or Your Code. "Platform Code" means the proprietary portion of the oGoing Platform that is used to interpret the Network Code and other services available on the oGoing Platform. "Premium Services" are services provided by oGoing to Network Creators for a fee. "Social Networks" consist of Network Code and other Content and are web applications running on top of the oGoing Platform. Social Networks are created by Network Creators and are provided for Network Members of that Social Network to interact and connect with other Network Members. Social Network features may include Network Member profiles, friends, invitations, latest activity streams, RSS feeds, pages, ratings, reviews, and recommendations, among others. If you are a Network Creator, "Your Social Network" is a Social Network created and operated by you on the oGoing Platform. "Third Party Software" means software that is licensed to you by third parties, including software that is subject to so-called "open source" licenses, which means any software licenses approved as open source licenses by the Open Source Initiative or any substantially similar licenses, including any license that, as a condition of distribution of the software licensed under such license, requires that the distributor make the software available in source code format, and including the GNU General Public License. "Users" are all end users of the oGoing Platform, and include you, any unregistered users, all oGoing Members, all Network Members, all Network Creators and all Third Party Application Developers. "Your Code" means any script, code, or other computer software uploaded by you to the oGoing Platform.

The Ogoing Platform is designed to give Network Creators the freedom to create and control their own Social Networks (only for businesses). Subject to this Agreement, as a Network Creator, you control your Social Network and own all of Your Code and Your Content. Ogoing does not claim any ownership rights in Your Code or any of Your Content. There are two types of data provided by or collected from Network Members – Network Member Data and Ogoing Member Data. Network Creators and their designated administrators have access to both the Network Member Data uploaded or collected on their Social Network(s) and the Ogoing Member Data.

Premium Services
There are two primary ways proposed that we support the Ogoing Platform: through advertising and Premium Services. As a Network Creator, you may be able to purchase one or more Premium Services from us. The categories and prices of our Premium Services are described here and are subject to change from time to time ("Premium Services Policies"). Ogoing may choose to temporarily change the fees for the Premium Services for promotional or new services, and such changes are immediately effective when Ogoing posts the temporary promotional event or new service on the Ogoing Platform. Any changes to fees for Premium Services that are not temporary or promotional will be effective thirty (30) days after we provide you with notice by posting such changes on the Ogoing Platform. The changes shall only apply prospectively to the Premium Services you've purchased. Unless otherwise stated, all fees are quoted in U.S. Dollars.
Payment Generally
You are responsible for paying all fees and applicable taxes associated with the Premium Services in a timely manner with a valid payment method. You authorize Ogoing to charge your credit card, charge card, debit card, PayPal, or financial institution account (herein "Payment Method") for all charges to your accounts with Ogoing. Your Payment Method will be charged the current fee for the Premium Service you choose on the date that you click on the "Purchase" button in the ordering process. Today, we only offer recurring payments. You agree that Ogoing may automatically charge the fee to your Payment Method at the beginning of each recurring period. For example, if you choose a Premium Service with a monthly plan, you will be billed every month on the anniversary date of the date you clicked the "Purchase" button. Additionally, we may offer a pre-pay payment option for payment of Premium Services ("Pre-Payment Plan"). If you opt for Pre-Payment plan, your Payment Method will be charged the then-current fee for that Premium Service at the commencement of each renewal period. You acknowledge and agree that any credit card and related billing and payment information that you provide to Ogoing may be shared by Ogoing with companies who work on Ogoing's behalf, such as payment processors and/or credit agencies, solely for the purpose of checking credit, effecting payment to Ogoing and servicing your account. The terms of your payment will be based on your chosen Payment Method and may be determined by agreements between you and the financial institution providing such Payment Method. You agree to pay Ogoing all charges incurred under your account for any Premium Service in which you or anyone else who uses your account (including children, family and friends) enroll in accordance with this Agreement and any applicable Premium Services policies. If your Payment Method fails or your account is past due, (a) you agree to pay all amounts due on your account upon demand, (b) Ogoing may collect fees owed using other collection mechanisms (this includes charging other payment methods on file with us) and (c) Ogoing reserves the right to either suspend or terminate your Premium Services or your account with Ogoing, including deletion of your Social Network from the Ogoing Platform. Except as may be set forth in applicable Premium Service Policies or Section 27 (Termination), any fees charged to your account are non-refundable. You agree to submit any disputes regarding any charge to your account in writing to Ogoing within sixty (60) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge. Refunds (if any) made pursuant to such dispute, are at the discretion of Ogoing.
Taxes
You are responsible for paying any governmental taxes imposed on your use of the Ogoing Platform, including, but not limited to, sales, use, or value added taxes. If requested, you will promptly furnish to Ogoing the applicable receipts and/or certificates regarding such remittances as soon as reasonably practicable. To the extent that Ogoing is obligated to collect such taxes, the applicable tax will be added to your billing account.

You own Your Code. Ogoing does not claim any ownership rights in Your Code. If you upload any of Your Code to the Ogoing Platform, subject to the licenses granted by you herein, you continue to have the right to use and license Your Code in any way you choose (and you are responsible for protecting those rights as appropriate). You may only upload Your Code to the Ogoing Platform, for use on Your Social Network, provided that Your Code complies with the terms of this Agreement. At any point, you can take Your Code from Your Social Network and cancel your account and Ogoing shall not retain any license rights, except as provided below. You hereby grant Ogoing a non-exclusive, worldwide, perpetual, transferable, irrevocable, sublicenseable, royalty-free right and license to access, use, reproduce, store, modify, distribute, publicly display, publicly perform and create derivative works of Your Code

for the purpose of operating and making Your Social Network available on the Ogoing Platform and in all current and future media in which the Ogoing Platform may now or hereafter be distributed or transmitted; or
for our internal business purposes. Additionally, you hereby grant Ogoing a non-exclusive, world-wide, transferable, irrevocable, sublicenseable royalty-free right and license to continue using, reproducing, archiving, caching, creating derivative works, publicly displaying and performing in perpetuity, any of Your Code that is incorporated into the Ogoing Platform, provided that Ogoing shall not use or distribute Your Code on a stand alone basis. The foregoing license does not limit Ogoing's rights under any third party or open source license in which Your Code is licensed. You are responsible for making sure that you have all rights in Your Code you upload or use and all rights that are necessary for you to grant the foregoing licenses to Your Code. You are solely responsible for ensuring that Your Code is compatible with any Ogoing Technology. Ogoing disclaims any liability or responsibility for any unauthorized use of Your Code by third parties or Users of Your Social Network and is not responsible for protecting Your Code.

Ogoing does not claim any ownership rights in Your Content. After posting Your Content, you continue to retain ownership of Your Content, and you continue to have the right to use and license Your Content in any way you choose. The Content that you upload to any Social Network needs to comply with the terms of this Agreement. At any point, you can take Your Content from Your Social Network and cancel your account and Ogoing does not retain any license rights except as provided below. You hereby grant Ogoing, during the course of your usage of the Ogoing Platform, a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sublicenseable and transferable right and license to

use, reproduce, create derivative works of, distribute, publicly perform and publicly display Your Content
1. for the sole purpose of operating and making Your Content available on the Ogoing Platform and in all current and future media in which the Ogoing Platform may now or hereafter be distributed or transmitted or
2. for our internal business purposes; and
disclose metrics regarding Your Content on an aggregated basis for advertising, marketing and business development purposes. If you wish to grant Users or the general public additional licenses to Your Content, please include the license terms with Your Content. Without limiting the foregoing, Ogoing reserves the right to retain copies of Content for archival purposes after termination of the Agreement. You hereby agree that if Your Content is removed from any Social Network due to a violation of these Terms, including in response to any valid DMCA (as defined below) take down notice or because such Content contains illegal images, Ogoing shall have the right to use, reproduce and exploit Your Content in any manner without restriction, including in response to any subpoena or other judicial or administrative order, to assist government enforcement agencies or otherwise required by law and to protect the rights, property or safety of Ogoing, any individual, or the general public. You are responsible for making sure that you have all rights in Your Content, including the rights necessary for you to grant the foregoing licenses to Your Content. You are solely responsible for Your Content. You understand that whether or not Your Content is published or marked private by you, Ogoing does not guarantee any confidentiality or privacy with respect to any of Your Content. You agree not to include any advertising in any of Your Content unless you purchase the Premium Service to run your own advertising on Your Social Network. Additionally, you understand and agree that Your Content that is displayed on the Ogoing Platform may continue to appear on the Ogoing Platform, even after you have terminated your Ogoing Member or Network Member account or terminated these Terms of Service, as portions of Your Content may have been incorporated into Member profiles, RSS feeds or other features. In addition to the rights, licenses and privileges referred to above, you agree that Ogoing, in its sole discretion, may use and refer to your trademarks, service marks, trade names, image, character, logos, domain names and other distinctive brand features or identification in marketing materials, financial reports, presentations, website materials, customer lists and other media now known or hereafter discovered in connection with the marketing, advertising and promotion of the Ogoing Platform, and any products, goods, features, capabilities and/or services associated with the Ogoing Platform. As a Network Creator or Network Member you acknowledge that Ogoing and its designees reserve the right, but shall have no obligation, to pre-screen, filter, remove, refuse to accept, post, display, or transmit any Content through or on any Social Network or the Ogoing Platform in whole or in part at any time for any reason or no reason with or without notice and with no liability of any kind. If a Social Network is removed from the Ogoing Platform, the Content associated with that Social Network may also be deleted at the discretion of the Network Creator or Ogoing. We encourage you to be sure you are comfortable with this possibility before contributing Your Content to a Social Network. You should be aware that Ogoing is not required and may not keep back-up copies of Content (including Your Content) on the Ogoing Platform once the Social Network or Content is deleted. Additionally, Ogoing makes no guarantee, either during or after the term of this Agreement, that Your Content will be safely stored on the Ogoing Platform and you should independently back-up Your Content.

License to Ogoing Platform
During and subject to the terms and conditions of this Agreement, Ogoing hereby grants you a limited, non-exclusive, non-sublicensable, freely revocable license to access and use the Ogoing Platform solely to enable your use of the Ogoing Member Services and Ogoing Network Creator Services. For clarity, aside from the foregoing limited license, you acknowledge that you shall acquire no rights in the Platform Code or Network Code. You agree that, as between you and Ogoing, all the intellectual property rights in the Ogoing Platform, which does not include Your Content or Your Code, are owned by Ogoing or its licensors.
License to Embeddable Widgets
During and subject to the terms and conditions of this Agreement, Ogoing hereby grants you a limited, non-exclusive, non-sublicensable, freely revocable license to incorporate Embeddable Widgets into other third party websites or your own personal websites. The foregoing license shall terminate immediately upon expiration or termination of this Agreement or removal of Your Social Network from the Ogoing Platform by Ogoing or you and you agree to immediately stop using such Embeddable Widget.
License Restrictions
Except as expressly permitted under this Agreement, you agree not to, nor will you allow any third party (whether or not for your benefit) to:
1. Run, rent, lease, loan, or sell access to the Ogoing Platform or the Ogoing Technology.
2. Decompile or reverse engineer or attempt to access the source code of the software underlying the Ogoing Platform or Ogoing Technology. • Copy, archive, store, reproduce, rearrange, modify, adapt, download, upload, create derivate works from, display, perform, publish, distribute, redistribute or disseminate any Ogoing Technology.
3. Access the Ogoing Platform to build a product using similar ideas, features, functions, interface or graphics of the Ogoing Platform.
4. Access (or attempt to access) any service on the Ogoing Platform by any means other than as permitted in these Terms of Service.
5. Circumvent, disable or otherwise interfere with security related features of the Embeddable Widget or features that prevent or restrict use or copying of any Content or Third Party Content or enforce limitations on use of the Embeddable Widget or the Content and Third Party Content therein.
6. Access the Ogoing Platform to upload Your Code or Your Content to cause a breach of security to the Ogoing Platform or any Social Network or interfere with the proper working of the Ogoing Platform or prevent others from using the Ogoing Platform.
7. Delete the copyright and other proprietary rights notices on the Ogoing Platform or Embeddable Widgets.

You agree that Ogoing may be independently developing software, content and other products or services that may be similar to Your Code and Your Content and nothing in the Agreement will be construed as restricting or preventing Ogoing from creating or fully exploiting such software, content and other items, without any obligation to you. You may from time to time elect, in your sole discretion, to provide suggestions, comments, improvements, ideas, recommendations or other feedback or materials to us related to Your Social Network or the Ogoing Platform (including the Network Code and Platform Code), including, on the Ogoing blog, Network Creators Forum or on the Ogoing Open Social Directory ("Feedback"). If you elect to provide us any such Feedback, you hereby assign all ownership in and to such Feedback to us, and acknowledge that we will be entitled to use and implement any such Feedback in any manner without restriction, and without any obligation of confidentiality, attribution or compensation to you. To the extent the foregoing is deemed ineffective, you also hereby grant Ogoing a nonexclusive, perpetual, irrevocable, transferable, sublicensable, royalty free, fully paid up license to use and otherwise exploit Feedback.

Ogoing trademarks, logos, images, service marks, trade names and other distinctive branding features used on the Ogoing Platform "Ogoing Marks" are the trademarks of Ogoing and may not be used without permission. Ogoing is not granting you a license under any intellectual property right to the Ogoing Marks. Other trademarks, logos, and trade names that may appear on the Ogoing Platform are the property of their respective owners. If you are a Network Creator, Ogoing reserves the right to include within Your Social Network applicable Ogoing copyright and trademark notices for the Ogoing Platform and links to the Ogoing Terms of Service, Privacy Policy and other Guidelines. All notices and links will be displayed consistently in such form and placement as determined by Ogoing.

You agree that, as between you and Ogoing, Ogoing owns all right, title and interest, including, all intellectual property rights, in and to the Ogoing Technology. Additionally, there are two types of data provided by or collected from Network Members – Network Member Data and Ogoing Member Data. If you are a Network Creator or an administrator designated by a Network Creator ("Administrator "), you agree that, as between Ogoing and you, Ogoing owns all right, title and interest, including, all intellectual property rights, in and to the Ogoing Member Data. You shall not acquire any right, title or interest therein, except for the limited rights expressly set forth in this Agreement. Any rights not expressly granted herein, are reserved to Ogoing. You agree to abide by all copyright notices, information, or restrictions contained in any part of the Ogoing Platform. You must not alter, delete, or conceal any copyright, trademark, patent, or other notices contained on the Ogoing Platform, including notices on any Ogoing Technology you download, transmit, display, print or reproduce from or using the Ogoing Platform.

If you are a Network Creator, Ogoing may provide documentation to assist you in creating and enhancing Your Social Network(s). You are responsible for implementing and maintaining all support for Your Social Network(s), including answering questions from Your Network Members. This includes, if you've customized the Network Code yourself (only as authorized by Ogoing), fixing bugs that Network Members might find and tell you about.

On our free Social Networks, we have the exclusive right to sell, run and/or serve third-party advertising on your Social Network. If you are a Network Creator, you agree not to include any advertising for anything other than Your Social Network, including ads served via an ad-server service like Google AdSense, in any Social Network, any of Your Code, or Content you provide on Ogoing. If you pay the Premium Service fees to run your own ads, however, you may include third-party advertisements or sponsorships on Your Social Network. If you run your own ads, Ogoing will have the option, which we may exercise on notice to you, to offer and display, in partnership with you, all or some of such advertisements on Your Social Network. Ogoing may establish general policies and guidelines surrounding the running of your own ads ("Advertising Policies"). Any such Advertising Policies are part of this Agreement and are subject to change from time to time.

YOU AGREE THAT Ogoing WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY INTERACTIONS OR DEALINGS WITH ADVERTISERS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON YOUR SOCIAL NETWORK

If you are a Network Creator, Ogoing reserves the right to include promotional links on Your Social Network(s) at no cost to Ogoing, unless you pay the applicable Premium Service fees to remove promotional links. Removal of promotional links does not include removal of required Ogoing legal notices and links to Ogoing Terms of Service, Privacy Policy and Guidelines or any statement indicating that Ogoing uses Ogoing User Name for authentication upon sign in by Your Network Members.

Content from other Members or advertisers, including, information about third party products and services and any Third Party Applications, is made available to you through Social Networks (" Third Party Content") on the Ogoing Platform. The inclusion of Third Party Content on the Ogoing Platform does not imply our affiliation or endorsement of such Third Party Content. Because we do not control Third Party Content, you agree that we are not responsible for any such Third Party Content, including the accuracy, integrity, quality, legality, usefulness, safety or intellectual property rights of or relating to such Third Party Content, it is the sole responsibility of the person from which such Third Party Content originated, and Ogoing has no obligation to monitor such Third Party Content. Notwithstanding the foregoing, Ogoing or its designees reserves the right, but shall have no obligation, to pre-screen, filter, remove, refuse to accept, post, display or transmit any Third Party Content (including on any Social Network) in whole or part at any time for any reason or no reason with or without notice and with no liability of any kind. You are solely responsible (and assume all liability and risk) for determining whether or not such Third Party Content is appropriate or acceptable to you. You understand that by using the Ogoing Platform you may be exposed to Third Party Content that is offensive, indecent or objectionable, and that you use the Ogoing Platform at your own risk. Additionally, Ogoing or third parties may provide hyperlinks on Social Networks, or any other form of link or redirection of your connection to other sites ("Third Party Sites"). These Third Party Sites are in no way integrated into the Ogoing Platform and the inclusion of any link on a Social Network does not imply Ogoing's affiliation or endorsement of the linked site, their business practices (including their privacy policies) or any information therein. Ogoing expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability or reliability of Third Party Sites linked to by or through the Ogoing Platform.

ACCESS AND USE OF THIRD PARTY SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON THIRD PARTY SITES OR AVAILABLE THROUGH THIRD PARTY SITES, IS SOLELY AT YOUR OWN RISK.

You hereby represent and warrant to Ogoing that:

you will comply with all applicable local, state, national and international laws (including the CAN-SPAM Act of 2003), rules, and regulations in connection with your use of the Ogoing Platform including your promotional or other activities off the Ogoing Platform that relate to Your Social Network;
you have the right to grant to Ogoing the rights granted herein and you own or have all necessary rights, title and interest in and to Your Code and Your Content;
Your Code and Your Content does not and will not
1. infringe, violate or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral rights, privacy rights, rights of publicity, or any other intellectual property or proprietary right, or
2. slander, defame, libel, or invade the right of privacy, publicity or other property rights of any person; and
none of Your Code, Your Content or Your Social Network contains any viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, cancelbots, or other computer programming routines that may potentially damage or interfere with the Ogoing Platform, or intercept or expropriate any system data or personal information from the Ogoing Platform.

You are solely responsible for your conduct, Your Social Networks, Your Code, and Your Content on the Ogoing Platform. We want to keep the Social Networks on Ogoing safe and fun for everyone and the use of the Ogoing Platform for unlawful or harmful activities is not allowed. In defining "safe and fun," you specifically agree that: You will not post, email or make available any Content to Users or use the Ogoing Platform:

In a manner that infringes, violates or misappropriates any third party's intellectual property rights or other proprietary rights or contractual rights;
in a manner that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
to engage in spamming, "chain letters," "pyramid schemes", advertisement of illegal or controlled products or services, or other advertising or marketing activities that violate these Terms of Service, any applicable laws, regulations or generally-accepted advertising industry guidelines, including to other Users whether on or off the Ogoing Platform in connection with Your Social Network;
in a manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
in a manner that is libelous or defamatory, or in a way that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or invasive of another's privacy;
in a manner that is harmful to minors in any way;
in a manner that is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable, as reasonably determined by Ogoing;
to impersonate a Ogoing employee, or any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to obtain access to a Social Network or the Ogoing Platform without authorization;
to interfere or attempt to interfere with the proper working of the Ogoing Platform or prevent others from using the Ogoing Platform, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Ogoing Platform, or that otherwise negatively affects other persons' ability to use the Ogoing Platform;
to use any manual or automated means, including agents, robots, scripts, or spiders, to access or manage any Network Creator's account or to monitor or copy the Ogoing Platform (including the Network Code or Platform Code) or the content contained therein;
to facilitate the unlawful distribution of copyrighted content;
in a manner that includes personal or identifying information about another person without that person's explicit consent;
in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Ogoing Platform or to Users; and
in a manner that constitutes or contains any form of advertising or solicitation if
1. posted in Your Content; or
2. emailed to Users who have requested not to be contacted about other services, products or commercial interests. Additionally, you agree not to:
" Stalk" or otherwise harass anyone;
Collect, use or disclose data, including personal information, about other Users without their consent or for unlawful purposes or in violation of applicable law or regulations;
Request, solicit or otherwise obtain access to usernames, passwords or other authentication credentials from any Member of the Ogoing Platform, including Ogoing User Name passwords from a Network Creator, or to proxy authentication credentials for any Member of the Ogoing Platform for the purposes of automating logins to the Ogoing Platform;
Use any profanity or the description or name of any illegal activity in the name of Your Social Network or the Network Subdomain (as defined below) for Your Social Network;
Use the name "Ogoing" as any part of the name of Your Social Network or the Network Subdomain for Your Social Network;
Post any Content containing child pornography to any Social Network. Ogoing absolutely does not tolerate this and will report any suspected instances of child pornography, including reporting any Ogoing Member Data, to law enforcement, including the National Center for Missing and Exploited Children;
Post any Content that Ogoing determines in its sole discretion, depicts or contains rape, extreme violence, murder, bestiality, incest, or other similar content;
Post any Content that Ogoing determines constitutes pornography or is adult in nature. Ogoing’s current policy on what is considered adult is located here and is subject to change.
Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from Social Networks and the Ogoing Platform - except for Internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file, or "well-behaved" web services/RSS/Atom clients. We reserve the right to define what we mean by "well-behaved";
Post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on Ogoing's infrastructure;
Attempt to gain unauthorized access to Ogoing's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Ogoing Platform;
Take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the Ogoing Platform or for using it for purposes unrelated to Ogoing); and
Develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of the Ogoing Platform.

You agree not to authorize or encourage any third party to use the Ogoing Platform or any of Your Social Networks (and Your Social Networks will not be designed) to facilitate any of the foregoing prohibited conduct. You also agree to immediately notify Ogoing in the event of an actual or threatened claim that you have violated any of the covenants and agreements contained in this Agreement.

Ogoing may establish general polices and limits concerning use of the Ogoing Platform (" Ogoing Platform Policies"), including (and without limitation) the maximum number of days that Social Networks and uploaded Content will be retained, the maximum number of and size of Content files and objects (including email messages), the maximum disk space allotted to you or Your Social Network(s), the maximum number of times and duration for which you may access the Ogoing Platform or Social Networks in a given period of time, the maximum bandwidth used by Your Social Network(s) or Content, and the maximum CPU power used by Your Social Networks or Content. The current Ogoing Platform Policies are part of this Agreement.

You acknowledge that Ogoing may terminate your account (which is separate from a Network Creator's right to terminate your account), and remove your Ogoing User Name, Content and Network Member Data, as well as disable your access to any and all Social Networks and the Ogoing Platform, in accordance with the terms of this Agreement. If you are a Network Member, you acknowledge that nothing in any agreement (or related policies) you may be subject to with any Network Creator or other party will alter, impair, supersede, amend or otherwise affect in any way any terms of this Agreement, any Guidelines or Ogoing's Privacy Policy.

It is Ogoing's policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA"). For more information, please go to Ogoing's DMCA Notification Guidelines. Ogoing may remove any allegedly infringing Network Code or Content without any liability to you. Ogoing will promptly terminate without notice any Member's (including, for clarity, Network Member's or Network Creator's) access to the Ogoing Platform, including access to any Social Network, in appropriate circumstances where the Member is a "repeat infringer" of copyrights. Generally, Ogoing will consider a Member a repeat infringer if it has received more than two third-party notices of alleged infringement concerning Content or Network Code posted by that Member anywhere on the Ogoing Platform. Ogoing, however, reserves the right to identify and terminate Members under any circumstances it deems appropriate, including after only a single instance of allegedly infringing behavior by that Member. Additionally, if a Network Creator continues to allow its Network Member's to post Content that is subject to notices of alleged copyright infringement, the Network may (at Ogoing's sole discretion) be disabled. Additionally, if you are a Network Creator, you agree to: promptly (and in any event in no more than 24 hours) address (including removing or disabling access to the allegedly infringing content for valid DMCA take down notices) any copyright owner's written notice (including any notices forwarded to you by Ogoing) that specified Content or Network Code posted on Your Social Network infringes that third-party's rights (including copyrights), provided that the notice substantially complies with the requirements in the DMCA. If you receive a counter-notice from the applicable Member that substantially complies with the requirements of the DMCA instructing you to replace the allegedly infringing Content or Network Code, you agree to replace or cease disabling access to the Content or Network Code not less than ten (10) and no more than fourteen (14) days after receiving the counter notice, provided that the complaining party has not notified you that it has filed an action against the Member regarding the alleged infringement. You also agree to forward a copy of the counter notice to Ogoing. Ogoing strongly recommends that you consult with a legal professional to confirm your obligations under the DMCA. Ogoing is not providing legal advice to you and nothing in this Agreement is legal advice nor guarantees your compliance with applicable law or regulation. You are solely responsible and liable for complying with all applicable laws, including copyright and privacy laws in connection with Your Social Network.

Through our Ogoing Member Services, Ogoing collects Ogoing Member Data from Your Network Members and general information about a User's use of Your Social Network(s). If you are a Network Creator or Administrator, you agree that your access to this Ogoing Member Data (including the email addresses provided by Network Members during the Ogoing User Name registration process ) as part of the management controls of Your Social Network(s) is subject to the Ogoing Privacy Policy. In addition, subject to this Agreement, you may collect Network Member Data from Your Social Network Members; if you do so, you hereby agree that such Network Member Data shall not be used in a manner inconsistent with, or that causes Ogoing to violate Ogoing's Privacy Policy.

Member privacy is important to us. Therefore, if you are a Network Creator or an Administrator, you hereby agree that your use and disclosure of Network Member Data and any Ogoing Member Data shall:

comply with all Guidelines; and
be reasonably protective of each Network Member's rights and in no event shall you observe standards of privacy and confidentiality in connection with the use and disclosure of Ogoing Member Data or Network Member Data that are less stringent than the standards set forth in the Ogoing Privacy Policy. You must clearly communicate on Your Social Network that Your Social Network uses Ogoing User Name authentication (including, on each page on Your Social Network on which information is collected for purposes of Ogoing User Name authentication) and that each of Your Network Members will be sharing the data they provide to you with Ogoing. This is for clarity and to ensure Your Network Members are aware of this relationship. Subject to this Agreement and each Network Member's rights, all Network Member Data shall be the property of the applicable Network Creators. That being said, Ogoing needs to run Your Social Network on the Ogoing Platform. To this end, as a Network Creator, you hereby grant Ogoing a nonexclusive, worldwide, perpetual, irrevocable, transferable, sublicenseable, fully paid-up, royalty-free right and license to
1. use, reproduce, store, create derivative works of, distribute, publicly perform and display the Network Member Data on or through the Ogoing Platform and in all current and future media in which the Ogoing Platform may be distributed;
2. use and disclose the Network Member Data and related metrics in an aggregate or other non-personally identifiable manner (including, for use in targeting advertising in a non-personally identifiable manner through and in connection with the Ogoing Platform; and
3. use Network Member Data for other purposes permitted by the Ogoing Privacy Policy.

You acknowledge that Ogoing may receive requests from Users or persons authorized to act on behalf of such Users to modify or delete personally identifiable information relating to such Users on Your Social Network.

Accordingly, you agree that, within 24 hours of any email request by Ogoing, you will:

delete all Network Member Data and other personally identifiable information in your possession or control relating to a particular User as specified by Ogoing; and
confirm such deletion in email notice to Ogoing.

Ogoing is not required to keep back-up copies of Network Member Data on the Ogoing Platform once the Social Network or Network Member Data is deleted. Ogoing makes no guarantee that Network Member Data will be safely stored on the Ogoing Platform. To be safe, you should independently back-up Network Member Data.

We want to give you as a Network Creator as much freedom to create and control the Social Networks you build on the Ogoing Platform as possible. You may have your own agreement(s) or policies between you and each of Your Network Members, provided that each such agreement or policies do not supersede, amend or otherwise affect in any way any terms of this Agreement, any Guidelines or our Privacy Policy and provided that you allow Ogoing to display the Ogoing Terms of Service, Privacy Policy and any Guidelines on your Social Network. To enable a great experience for all Users on the Ogoing Platform, if you are a Network Creator, you agree to ensure each Social Network you create or manage does not degrade the performance of the Ogoing Platform. If your Social Network(s) exceed the quotas and limitations set by Ogoing (e.g., storage or bandwidth) as set forth in the Ogoing Platform Policies or otherwise degrades performance of the Ogoing Platform or other services in any way, we may suspend your Social Network(s) at our sole discretion and without notice. You agree not to harvest any email addresses from Social Networks or the Ogoing Platform for the purpose of sending email in violation of applicable law or otherwise violate the "Acceptable Use and Conduct" provisions of this Agreement. You also agree not to knowingly collect any information from, or develop any Social Networks that are targeted at children under the age of 18. You acknowledge that Ogoing may terminate the account of any Member (including Your Social Network Members) in accordance with these Terms of Service.

Your Social Network shall not be designed or implemented in a way that, as determined by Ogoing in its sole discretion, might mislead a User into believing that:

he or she is interacting directly with Ogoing when interacting with Your Social Network, or
any of Your Social Network was created by or are endorsed by Ogoing. Because we want you to have as much freedom over your Social Network as possible, Ogoing takes no responsibility for any Content located in Your Social Network and Ogoing has no obligation to monitor such Content or Your Social Network. You acknowledge that Ogoing also reserves the right to remove, preserve, and disclose any information or Content on any Social Network (including Ogoing User Name and Network Member Data) or account it deems necessary or appropriate to
1. satisfy any applicable law, regulation, legal process or governmental request,
2. enforce this Agreement, including investigation of potential violations hereof,
3. detect, prevent, or otherwise address fraud, security, or technical issues,
4. respond to User support requests,
5. protect the rights, property, or safety of Ogoing, its Users, and the general public, or
6. investigate or defend ourselves against third-party claims or allegations.

You need to register and create a Ogoing User Name in order to become a Ogoing Member, Network Member or Network Creator on the Ogoing Platform. You are responsible for keeping your Ogoing User Name password secure. Ogoing User Names are non-transferable. You will be solely responsible and liable for any activity that occurs under your Ogoing User Name. Ogoing reserves the right to log off or deactivate Member accounts that are inactive for an extended period of time. When you create Your Social Network, Ogoing gives you the flexibility to choose your own subdomain for Your Social Network (e.g.,"company" in the example: http://company.ogoing.com) ("Network Subdomain"). You will be solely responsible and liable for any activity that occurs under Your Social Network's Subdomain. Ogoing maintains ownership of your Network Subdomain and grants you a limited, non-exclusive, non-sublicensable, non-transferable, freely revocable, license solely to use the Network Subdomain on the Ogoing Platform. You may not use anyone else's account, Ogoing User Name or Network Subdomain at any time, without the permission of the account holder. You should never give out your password to another individual or entity. Ogoing will not be liable for any loss that you may incur as a result of someone else using your Ogoing User Name, Network Subdomain, or password, either with or without your knowledge. However, you may be held liable for losses incurred by Ogoing or another party due to someone else using your Ogoing User Name, Network Subdomain, or password. In other words, please be careful with your identity and passwords.

YOUR USE OF THE OGOING PLATFORM, AND ALL NETWORK CODE, PLATFORM CODE, THIRD PARTY SOFTWARE, NON-OGOING CODE, AND CONTENT (INCLUDING THIRD PARTY CONTENT), ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE OGOING PLATFORM AND ALL NETWORK CODE, PLATFORM CODE, THIRD PARTY SOFTWARE, NON-OGOING CODE AND CONTENT (INCLUDING THIRD PARTY CONTENT) ARE PROVUser NameED ON AN "AS IS" AND "AS AVAILABLE" BASIS. OGOING AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. OGOING AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS DISCLAIM ANY WARRANTY THAT THE OGOING PLATFORM, OR ANY NETWORK CODE, PLATFORM CODE, THIRD PARTY SOFTWARE, NON-OGOING CODE OR CONTENT (INCLUDING THIRD PARTY CONTENT) WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE OGOING PLATFORM OR THE SERVER THAT MAKES THE OGOING PLATFORM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OGOING MAKES NO GUARANTEE REGARDING (A) THE AMOUNT, TIMING AND DELIVERY OF ANY CLICKS OR IMPRESSIONS WITH RESPECT TO ANY CONTENT (INCLUDING THIRD PARTY CONTENT) OR ADVERTISING ON THE OGOING PLATFORM OR YOUR SOCIAL NETWORK (B) THE VOLUME AND QUALITY OF ANY TRAFFIC TO YOUR SOCIAL NETWORK OR (C) THE COMPATIBILITY OF YOUR CODE OR ANY NON-OGOING CODE WITH ANY OGOING TECHNOLOGY. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE OGOING PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OGOING OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, OR THROUGH OR FROM THE OGOING PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

You agree to indemnify, defend, and hold harmless Ogoing, and its successors, subsidiaries, affiliates, co-branders, contractors, employees, all third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys' fees) arising out of or relating to:

Your Code, Your Content or Your Social Network;
Your use of any Non-Ogoing Code or Third Party Applications;
Your use or misuse of, or connection to, the Ogoing Platform;
Your breach or alleged breach of this Agreement;
Your violation of any rights (including intellectual property rights) of a third party;
Your use or misuse of any User data (including Ogoing Member Data and Network Member Data), including, in violation of the Ogoing Privacy Policy and
Your breach or alleged breach of any agreement or policy between you and other Users.

Ogoing reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Ogoing. Ogoing will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Your interactions with other Users, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other User. Like with any web-based interaction, we suggest that you use caution and good judgment. If there is a dispute between you and any third party (including any Network Member or Network Creator), Ogoing is under no obligation to become involved. You release Ogoing, its officers, employees, agents and successors from claims, demands and damages of every kind or nature arising out of or related to any disputes with other Users. If you are a California resident, you waive California Civil Code Section 1542, which says:

A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor. And, if you are not a California resident, you waive any applicable state statutes of a similar effect.

YOU AGREE THAT, UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL OGOING OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, BE LIABLE TO YOU FOR (A) ANY INDIRECT, INCUser NameENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST OF COVER, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF OGOING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OR THE INABILITY TO USE THE OGOING PLATFORM; OR (B) ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (IN THE AGGREGATE FOR ALL POTENTIAL CLAIMS BY YOU) IN EXCESS OF THE GREATER OF (I) $100 AND (Ii) THE TOTAL AMOUNTS PAUser Name TO OGOING BY YOU IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE INITIAL NOTICE OF ANY CLAIM. THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVUser NameED ON ANY THIRD PARTY SITES OR OTHERWISE PROVUser NameED BY ANY THIRD PARTIES OTHER THAN OGOING (INCLUDING THIRD PARTY APPLICATION DEVELOPERS) AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE OGOING PLATFORM OR RECEIVED BY YOU ON ANY THIRD PARTY SITES. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESUser NameE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS AGREEMENT APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.

Ogoing reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing the Ogoing Platform or any part thereof with or without notice. Ogoing will not be liable to you or to any third party for any modification, suspension or discontinuance of the Ogoing Platform.

We may amend, modify, change, add or remove portions of this Agreement or any Guidelines at any time without notice to you by posting a revised version on www.ogoing.com or elsewhere on the Ogoing Platform. The revised version will be effective at the time we post it. Please check this Agreement and any Guidelines periodically for changes. Your continued use of the Ogoing Platform after posting of the changes constitutes your binding acceptance of such changes. We last modified this Agreement on the date stated above. However, if the revised version includes a material change, it will be effective for an existing User (including Ogoing Member, Network Member or Network Creator) on the earlier of (a) the date you accept it, and (b) 30 days after the material changes are initially posted to www.ogoing.com or elsewhere on the Ogoing Platform. The revised version will apply to you immediately if you are a User who registers or first uses the Ogoing Platform on or after the posting of the revised version.

This Agreement shall remain in full force and effect unless and until your account is terminated as provided herein. You may terminate your membership within any Social Network on the Ogoing Platform at any time and for any or no reason by following the instructions on the "My Settings" page while logged in to a Social Network. Additionally, you may terminate your Ogoing User Name account and end your use of the Ogoing Platform at any time and for no reason by contacting us using the Contact Us form at http://www.ogoing.com/contactus

Termination

Ogoing has the right (at its sole discretion) for any reason to

delete, disable or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Ogoing Platform or any Social Network,
remove and discard any Network Code or Content within any Social Network or anywhere on the Ogoing Platform or
shut down a Social Network, with or without notice, and with no liability of any kind to you. If you terminate your account, we will have no obligation to refund you any fees you may have paid except as may be required by applicable law.

Effects of Terminating

Upon deactivating your account, this Agreement terminates and you will no longer have a right to access your account, Your Code, Your Content, Your Network Member Data or Your Social Network(s). Ogoing will not have any obligation to assist you in migrating your data, Your Content, Your Network Member Data, Your Code or Your Social Network(s) off of the Ogoing Platform and Ogoing does not keep any back-up of any of Your Content or Your Network Member Data. Ogoing is not responsible for deleting Your Code, Network Code or Content on your behalf. Note that, even if Your Code, Network Code or Content is deleted from Ogoing's active servers, it may remain in our archives (but we have no obligation to archive or back-up Your Code or such Network Code or Content), and subject to the licenses set forth in this Agreement.

Survival

The following Sections will survive termination of these Terms of Service for any reason: Sections 1, 3, 4-9, 13-24, 27-33.

This Agreement shall be governed by the laws of the State of California without regard to conflict of law principles. The provisions of the United Nations Convention on the International Sale of Goods and the Uniform Computer Information Transactions Act, however designated, are excluded and shall not apply to this Agreement or any transactions hereunder. You agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Orange County, California for the purpose of litigating all such claims or disputes.

The parties are independent contractors with respect to each other. This Agreement does not constitute and shall not be construed as constituting a partnership or joint venture among the parties hereto, or an employee-employer relationship. You agree that Ogoing has no special relationship with or fiduciary duty to you. Neither party shall have any right, power or authority to enter into any agreement for or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other party.

You agree to comply with all applicable export and reexport control laws and regulations, including the Export Administration Regulations ("EAR") maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control ("OFAC"), and the International Traffic in Arms Regulations ("ITAR") maintained by the Department of State. Specifically, you agree that you shall not -- directly or indirectly -- sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such software or technology) received from Ogoing under this Agreement to any destination, entity, or person prohibited by the laws or regulations of the United States, without obtaining prior authorization from the competent government authorities as required by those laws and regulations. You agree to indemnify, to the fullest extent permitted by law, Ogoing from and against any fines or penalties that may arise as a result of your breach of this provision. This export control clause shall survive termination or cancellation of this Agreement.

The parties specifically disavow any desire or intention to create a "third party" beneficiary contract, and specifically declare that no person, except for the parties and their permitted assigns, shall have any rights hereunder nor any right of enforcement hereof.

The failure of Ogoing to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should try to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. You may not delegate your duties under this Agreement or assign this Agreement or your Ogoing accounts or Ogoing User Names, in whole or in part, provided, however, that you may assign this Agreement in connection with any merger (including by operation of law), consolidation, reorganization, or sale of all or substantially all of its related assets or similar transaction. Ogoing may assign any of its rights and obligations under this Agreement without consent, including, in connection with any merger (including by operation of law), consolidation, reorganization, or sale of all or substantially all of its related assets or similar transaction. This Agreement shall be binding on the parties' permitted assignees, transferees and successors. This Agreement, which incorporates the Ogoing Privacy Policy and the Guidelines, constitutes the entire agreement between you and Ogoing and governs your use of the Ogoing Platform, superseding any prior agreements (whether written or oral) between you and Ogoing regarding the subject matter hereof. Neither party is relying upon any warranties, representations, assurances or inducements not expressly set forth in this Agreement. The terms "including" and "includes" shall be deemed to be followed by the statement "without limitation" and neither of these terms shall be construed to limit any word or statement it follows to the specific or similar terms or matters immediately following it. Ogoing may provide you with notices, including those regarding changes to this Agreement or any of Ogoing's terms and conditions, by email, regular mail, or postings on the Ogoing Platform. Notice will be deemed given twenty-four (24) hours after email is sent, unless Ogoing has previously been notified that the email address is invalid. Notices not pertaining to any amendments to this Agreement or any Guidelines (such as notices relating to technical changes to the Ogoing Platform) are deemed given two (2) days following the initial posting.

You may contact Ogoing in the following ways: http://www.ogoing.com/contactus

Postal:

oGoing Inc., 7545 Irvine Center Dr., Suite 200, Irvine, CA 92618
We thank you for using Ogoing!

Ogoing Privacy Policy

We value your privacy, and we want to help make your experience with Ogoing as satisfying and safe as possible. We have established this Privacy Policy to explain how Ogoing collects Personal Information (as defined below) on the Ogoing Platform, and how Ogoing uses and discloses that Personal Information. "Personal Information," as used in this Privacy Policy, is information that allows a person to directly identify an individual, such as name or email address, and information that we combine directly with such identifying information. This Privacy Policy is incorporated into and is subject to the Ogoing Terms of Service. Any capitalized terms not defined herein have the meaning set forth in the Ogoing Terms of Service. By using the Ogoing Platform, you expressly consent to the information handling practices described in this Privacy Policy.

Ogoing provides a software platform (the "Ogoing Platform") that enables registered users ("Ogoing Users") to create, join or browse social network built on the Ogoing Platform. Ogoing also allows Third Party Application Developers to develop Third Party Applications for use on the Ogoing Platform. This Privacy Policy refers to social networks on Ogoing as "Social Networks," and refers to Ogoing Users, including businesses, who create Social Networks as "Network Creators." Ogoing Users who join the Ogoing Social Network are "Network Users" of that Social Network. Network Creators are also considered Network Users of the Social Networks they create. In its operation of the Ogoing Platform, and its provision of its services to Network Creators and Third Party Application Developers, Ogoing collects, uses, and retains all information, including Personal Information and Network Member Data, that you disclose to Network Creators in your use of Social Networks. When you sign up to become a member of a Social Network, you are providing Personal Information to Ogoing, as well as to that Social Network's Network Creator. Ogoing's use and disclosure of Personal Information is described in this Privacy Policy. Additionally, if you add a Third Party Application to your Social Network or your profile, Ogoing may provide certain Personal Information to that Third Party Application Developer. Ogoing's disclosures of Personal Information to Network Creators and Third Party Application Developers are described in greater detail under the "When Ogoing Discloses Personal Information" heading below. Network Creators and Third Party Application Developers may also collect additional types of Personal Information, and may use and disclose Personal Information in accordance with their own privacy policies. For each Social Network you use, you should check with the Network Creator regarding its policies governing its collection, use, and disclosure of Personal Information. Additionally, for each Third Party Application that you add to your Social Network or your profile, you should check with the Third Party Application Developer regarding its policies governing its collection, use and disclosure of Personal Information.

Personal Information You Provide
1. Ogoing Member Data
  You must register for a Ogoing User Name to become a Ogoing Member, sign up for a Social Network, or sign up as a Third Party Application Developer. When you register for a Ogoing User Name, you are required to provide certain Personal Information, including your name, email address, location and a password that you select. You also may create a Ogoing Profile and provide other Personal Information within your Ogoing Profile, such as your gender, city, state, and country, a photo, one line bio, website, and possibly additional information such as your favorite TV shows, music, movies and interests and any organizations you belong to. You cannot change the privacy level of your Ogoing Profile currently; however, you can protect your Ogoing updates so that only your followers can see them (except for those updates that are already made public). Please note that information, including Personal Information, will be accessible by Ogoing. Your Ogoing Profile is separate from any additional profile you may create on a Social Network. Your Ogoing Profile may also display all the Social Networks you belong to, may include a list of all of your friends across these Social Networks and may include the latest activity feeds on these Social Networks. By default, any Social Network that you belong to that is a private Social Network will only be viewable by you. When you sign up for a Social Network, you will be asked to sign in to the Social Network with your Ogoing User Name. The Personal Information in your Ogoing User Name (except for your password) is provided to the Network Creator, regardless of the privacy option you choose for your Ogoing Profile or your profile on that particular Social Network. Certain Personal Information (name, location and email address) from your Ogoing User Name can be pre-populated into your "My Profile" Page on other Social Networks you join and your Ogoing Profile upon sign in. Additionally, certain Personal Information (such as your profile photo and any gender or location information) you may have provided in your Ogoing Profile is pre-populated in your My Profile Page when you sign up for any new Social Networks. The Personal Information in your My Profile Page may be accessed by the Network Creator and all Ogoing Users who browse the Social Network. Please note, the Network Creator of the particular Social Network and administrators designated by the Network Creator can view this Personal information. You also may have other opportunities to voluntarily provide Personal Information to Ogoing. For example, if you contact us to provide feedback or request support we collect your email address and other Personal Information that you provide. Another example is when you add a Ogoing Application running on Ogoing to a third party web site and you voluntarily input certain Personal Information.
2. Network Member Data
  Network Creators may also request additional Personal Information from Ogoing Users who register for their Social Networks. Certain Personal Information collected from Network Users will be retained in the Network Member's My Profile Page for that Social Network. Network Creators may designate responses to some or all of the questions that they ask their Network Users to respond to as "private." Network Creators may also choose to change the settings on the responses to questions by their Network Users from "private" to "public" at a later date. If requests for additional information are marked "private," they will be viewable only by Ogoing, the Network Creator, and administrators designated by the Network Creator. Network Creators may also designate the Social Networks that they create as private, limiting Network Users to those that they approve or specifically invite. Please note, however, that while the general public may not be able to view private Social Networks, or your My Profile Page for private Social Networks, Ogoing, Network Users of the Social Network, the Network Creator, and administrators designed by the Network Creator can view this information. Additionally, Network Creators may choose to change the designation of a Social Network from "private" to "public" at a later date. Network Users also have access to Ogoing's Address Book feature. The Address Book feature allows Network Users to input contact information for their friends, whether or not those friends have Ogoing User Names, and to send invitations to them to join Ogoing. Network Users may use the Address Book feature by entering contact information for their friends manually or, alternatively, retrieving contact information from supported email service providers. To retrieve contact information from a third-party service provider, the Network Member must provide login credentials for the email service provider that he or she has selected. That information is used to retrieve the contact information from the selected third-party service provider and is not retained by Ogoing. If you send out invitations to join a particular Social Network, the contact information that you enter for the friends that you have invited, including information that is imported into, or entered manually into, the Address Book feature, may be accessed by Network Creators and their designated administrators.
3. Network Creators
  To become a Network Creator, you must register for a Ogoing User Name and must create a password, and request an Ogoing Business Portal through the online form. Network Creators can designate Portal Administrators for their own Social Network. Network Creators can themselves be Portal Administrators. Network Creators must supply the password they have created in order to access certain administrative controls for their Social Networks. In addition, if you are a Network Creator and choose to purchase future premium services or support on Ogoing (e.g. storage, bandwidth, support, users), you may be asked to provide your credit card information and billing address. We use this billing information to process your transactions.

Like most web-based services, Ogoing automatically receives and records information on our server logs from your browser when you use the Ogoing Platform. Ogoing may use a variety of methods, including clear GIFs (also known as "web beacons"), and "cookies" to collect this information. The information that Ogoing collects with these automated methods may include, for example, your IP address, Ogoing cookie information, a unique device or user User Name, browser type, system type, the content and pages that you access on the Ogoing Platform, and the "referring URL" (i.e., the page from which you navigated to the Ogoing Platform). We also use cookies on Ogoing to recognize your Ogoing User Name, and to store references to your Ogoing User Name and session validators on your hard drive. We also include clear GIFs in some of our email messages in order to learn whether the messages are delivered and opened. We use passively-collected information to administer, operate, and improve Ogoing and our other services and systems, and to provide services and content that are tailored to you, including providing customized advertisements and monitoring and reporting of the effectiveness of marketing campaigns. If we directly combine any information gathered through passive means with Personal Information, we treat the combined information as Personal Information under this Privacy Policy. Otherwise, we use information collected by passive means in aggregated or other non-personally identifiable forms. Websites visited before visiting Ogoing or a Social Network may place Personal Information within the URL of your browser during a visit to that previous website. Ogoing may unintentionally collect that information as part of referring URL information that it collects. Also, please be aware that third parties, including advertising servers, advertising networks, Third Party Application Developers, and Network Creators, may set cookies or use other means of passively collecting information about your use of their services. We do not have access to, or control over, these cookies or other means of passive data collection. You should consult the respective privacy policies of these Third Party Application Developers, Network Creators, advertising servers or advertising networks. This Privacy Policy does not apply to, and we cannot control the activities of, such other advertisers, Third Party Application Developers or websites. If you would like more information about these activities and to know your choices about not having this information used by these third parties, click here.

When you send updates, send messages, make postings, or otherwise post or transmit any Content within a Social Network on the Ogoing Platform, others who visit or use that Social Network may access any Personal Information within such Content. Within your Network Member settings for each Social Network, accessible at the "Settings" link, you may be able to modify your privacy settings for certain types of Content that you make available on that Social Network. Please note, however, that while the general public or other Ogoing Users may not be able to view Content that you specify viewable only by you, Ogoing, the Network Creator of that particular Social Network and administrators designated by the Network Creator can view this information. We collect and maintain updates, posts, messages, and other Content that you have posted or transmitted to a Social Network, as well as information about that Content and your interaction with it. Some of this information, such as your latest activity on Ogoing or a Social Network, and the most active users of a Social Network, will be made available to Network Creators, and may also be made available to other users of, and visitors to, Ogoing as well as to Third Party Application Developers. Because you may voluntarily disclose Personal Information when you post or otherwise transmit Content, please be careful with the information that you choose to disclose.

Ogoing may allow other companies, called third-party ad servers or ad networks, such as Google AdSense, to serve advertisements within Social Networks on the Ogoing Platform. These third-party ad servers or ad networks may use technology to send, directly to your browser, the advertisements that appear within a Social Network on Ogoing and they automatically receive your IP Address and other log file information when this happens. Such third-party ad servers may also use other technologies (such as cookies, javascript, or web beacons) to measure the effectiveness of their advertisements and to personalize their advertising content. Certain third-party ad servers, such as Google, may also use these cookies to serve ads to you based on your visit to these Social Networks and other sites on the Internet. Ogoing does not provide your Personal Information to these third-party ad servers or ad networks without your consent. However, please note that if an advertiser asks Ogoing to show an advertisement to a certain audience or audience segment and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience that they were trying to reach. You should consult the respective privacy policies of these third-party ad servers or ad networks. This Privacy Policy does not apply to, and we cannot control the activities of, such other advertisers or web sites. Ogoing reserves the right to add or remove third-party ad networks or ad servers in its discretion and Ogoing may not at all times list such updated ad network or ad server partners in this Privacy Policy. If you would like more information about these activities and to know your choices about not having this information used by these third parties, click here. Additionally, if any Google AdSense advertisements are used by Ogoing, you may opt out of Google's use of the DART cookie by visiting the Google ad and content network privacy policy located here.

We may also obtain information, including Personal Information, from third-party sources. This includes certain Personal Information that may be provided to us through the installation and use of Ogoing Applications on third party web sites. If we directly combine information from other third parties with Personal Information that we collect on the Ogoing Platform, we will treat the combined information as "Personal Information" and handle it in accordance with this Privacy Policy.

We may use Personal Information to operate, provide, improve, and maintain the Ogoing Platform, and our other services and systems, and to develop new products and services; to prevent abusive and fraudulent use of Ogoing and our other services and systems; to personalize and display advertisements (via our own advertising engine or server) and other content on the Ogoing Platform; to send you administrative messages, and information about Social Networks, content, and Ogoing services in which we believe you may be interested; and for other administrative and internal business purposes.

Ogoing is not in the business of renting or selling email addresses and other information, and does not share Personal Information with third parties except in the limited circumstances described in this Privacy Policy. Please be aware, however, that any information that you voluntarily choose to display on any publicly available portion of the Ogoing Platform, or on any Social Network, becomes publicly available and may be collected and used by Network Creators, Ogoing or others without restriction.

Ogoing Service Providers
Ogoing may provide Personal Information to third parties for their use in performing internal business functions (e.g., payment processing, maintenance, security, data analysis, or data hosting) on our behalf.
Network Creators
In the Ogoing Terms of Service, Ogoing requires each Network Creator to comply with applicable laws (e.g., CAN-SPAM) and not to use or disclose Personal Information in a manner that violates this Privacy Policy. For each Social Network that you join, Ogoing provides the Network Creator and the designated administrators of that Social Network with your email address, name, and date of birth as stored in your Ogoing User Name, and pre-populates your My Profile Page on new Social Networks with this information and certain Personal Information (such as your profile photo and any gender or location information) you may have provided in your Ogoing Profile. Network Creators also have access to all Network Member Data that Ogoing collects.
Ogoing Applications
When a Network Member, or the Network Creator of a Social Network of which that Network Member is a part, adds a Third Party Application to his or her Social Network profile, Ogoing may disclose certain Personal Information in that Network Member's Ogoing Profile and Ogoing User Name, and certain Network Member Data, to the Third Party Application Developer of the Third Party Application. Except when a Third Party Application is added by a Network Creator to the Network Creator's entire Social Network, including to every Network Member's My Profile Page, Network Users and Network Creators may opt-out of having Personal Information from their Ogoing Profile and Ogoing User Name shared with Third Party Application Developers, but will be prevented from adding Third Party Applications to their My Page and their Social Network. Additionally, Third Party Applications may require, or may otherwise allow Network Users to provide, other forms of Personal Information to the Third Party Application Developers of such Third Party Applications. Additional information regarding the provision of Personal Information to Third Party Application Developers would be available at a later date.
Ogoing Affiliates
Although Ogoing currently does not have a parent company or any subsidiaries, joint venture partners, or other companies that it controls or is under common control with (collectively, "affiliates"), it may in the future. Ogoing may share some or all of your Personal Information with its affiliates, in which case we will seek to require those affiliates to honor this Privacy Policy.
Legal Requirements
Ogoing may disclose Personal Information if we have a good-faith belief that doing so is required by a subpoena or other judicial or administrative order or otherwise required by law. Additionally, Ogoing may disclose Personal Information where we, in good faith, deem it appropriate or necessary to prevent violation of the Ogoing Terms of Service, or our other agreements; take precautions against liability; protect the rights, property, or safety of Ogoing, any individual, or the general public; maintain and protect the security and integrity of our services or infrastructure; protect ourselves and our services from fraudulent, abusive, or unlawful uses; investigate and defend ourselves against third-party claims or allegations; or assist government enforcement agencies.

In the event of a change in ownership, or a merger with, acquisition by, or sale of assets to, another entity, we reserve the right to transfer all of your Personal Information, including email addresses, to that entity. Ogoing will use reasonable efforts to notify registered users of such a transfer (by a posting on our home page, or by email to a Ogoing Member's email address that was provided to us, as chosen by us in our discretion).

We use industry standard security measures to protect against the loss, misuse, and alteration of Personal Information under our control. Although we make good faith efforts to maintain the security of such Personal Information, we cannot guarantee that it will remain free from unauthorized access, use, disclosure, or alteration. Further, while we work hard to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent "hackers" or other unauthorized persons from illegally accessing or obtaining this information. We do not assume any liability to third parties whose information you include in your Address Book, or which you post or transmit in any Content on a Social Network. To help maintain the security of your Ogoing User Name, please keep your password secure. If we learn of a security breach, we may attempt to notify you electronically so that you can take appropriate protective steps. By using Ogoing or providing Personal Information to us, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Ogoing Platform. If a security systems breach occurs, Ogoing may post a notice on the Ogoing homepage (www.ogoing.com), or elsewhere on oGoing and may send email to you at the email address you have provided to us.

The Children's Online Privacy Protection Act ("COPPA") protects the online privacy of children under 13 years of age. Ogoing does not knowingly collect or maintain personal information from anyone under the age of 13, unless or except as permitted by law. Any person who provides Personal Information through Ogoing represents to us that he or she is 13 years of age or older. If Ogoing learns that Personal Information has been collected from a user under 13 years of age on or through the Ogoing Platform, then Ogoing will take the appropriate steps to cause this information to be deleted. If you are the parent or legal guardian of a child under 13 who has become a Ogoing Member, please contact Ogoing at [email protected] to have that child's account terminated and information deleted. The following are some resources that may help parents and legal guardians in monitoring and limiting your children's access to certain types of material on the Internet. While Ogoing does not endorse these products, we provide information about them as a public service to our community.

ConnectSafely
Netsmartz.org
The Child Safety Network
Cyber Sitter
Common Sense Media
WebWiseKids.org
Center for Safe and Responsible Internet Use
Cyber Angels
Cyber Bullying US
The Family Online Safety Institute
iKeepSafe
OnGuard Online,maintained by the Federal Trade Commission

You may, at any time, update, correct, or delete certain categories of Personal Information that you have provided to Ogoing by logging in to Ogoing and updating the Personal Information under "Settings". Additionally, you may update, correct, or delete certain categories of Personal Information within your My Profile Pages on individual Social Networks under "Settings". You may also, at any time, elect to deactivate your usership within any Social Network on Ogoing by sending us information under Contact Us. If you leave a Social Network that is governed by a separate privacy policy, the Network Creator may still maintain and use Personal Information that you have provided to that Network Creator in accordance with the Network Creator's privacy policies. Additionally, you may terminate your Ogoing User Name account and end your use of Ogoing at any time and for no reason by contacting us at [email protected] or at the address set forth below in the "Contact Ogoing" Section. Additionally, even if you update or remove Personal Information that you have provided to Ogoing or any Network Creator, your Personal Information may be retained in our backup files and archives for a reasonable period of time for legal purposes.

We may send you administrative messages, and updates regarding your Ogoing User Name account, the Ogoing Platform, and Ogoing's services, by email. Network Creators may also send you administrative or promotional messages to the extent permitted by applicable law and the Ogoing Terms of Service. When you are logged in to a Social Network, you may indicate your preferences regarding certain administrative email messages by going to "Settings". Additionally, if you receive an email invitation from a Social Network to join that particular Social Network and do not wish to receive any future messages for this Social Network, you can choose to opt-out of receiving future messages from this Social Network by following the directions on the bottom of the email message you receive. You do not need to sign up to a Social Network to block all future emails from the Network. If you have a Ogoing User Name account, you can also opt out of email notifications from Social Networks on Ogoing by visiting the "Settings" tab in your Ogoing Profile. The Ogoing Terms of Service prohibit Network Creators and other Users from engaging in any activity involving the sending of email in violation of applicable law, including CAN-SPAM and other laws regulating unsolicited commercial email. Violations of these policies may result in immediate termination of service and legal action against any senders or initiators of such messages. Ogoing offers email masking and relay when Users choose to communicate with other Users on Social Networks to reduce third party email harvesting of email addresses for purposes of sending unsolicited commercial email ("spamming"). If you send out an invitation to join a Social Network, your email address will not be masked to the individuals you invite.

The Ogoing Platform, and Social Networks, may contain links to websites and services provided by third parties. Any Personal Information you provide on third-party sites or services is provided directly to that third party and is subject to that third party's policies over Ogoing privacy and security. We are not responsible for the content or privacy and security practices and policies of third-party sites or services to which links are displayed on Ogoing or on Social Networks. We encourage you to learn about third parties' privacy and security policies before providing them with Personal Information.

oGoing is hosted in the United States. If you use Ogoing from the European Union, or any other region with laws governing data collection and use that may differ from U.S. law, please note that you are transferring your personal data to the United States. The United States does not have the same data protection laws as the European Union and other regions. By providing Personal Information under this Privacy Policy, you consent to the use of Personal Information in accordance with this Privacy Policy and the transfer of your Personal Information to the United States.

We may occasionally update this Privacy Policy. If we do, we will update the "effective date" at the top of the Privacy Policy. We encourage you to periodically review this Privacy Policy to stay informed about our collection, use, and disclosure of Personal Information on the Ogoing Platform. Your continued use of Ogoing constitutes your agreement to this Privacy Policy and any updates.

If you have questions about this Privacy Policy, you may contact us at [email protected] You may also write to us at:
oGoing Inc., 7545 Irvine Center Dr., Suite 200, Irvine, CA 92618.
We thank you for using oGoing!

Terms of Service

1. Definitions of Terms

2. Your Own Social Network

3. Premium Services and Payment

4. Your Code and Licenses to Your Code

5. Your Content and Licenses to Your Content

6. Licenses From Ogoing

7. Independent Development; Feedback

8. Ogoing Trademarks and Legal Notices

9. Ogoing Ownership Rights

10. Support and Interaction for Network Creators

11. Advertising and Promotion for Network Creators

12. Third Party Content and Hyperlinks to Third Party Sites

13. Representations and Warranties

14. Acceptable Use and Conduct

15. Ogoing Platform Policies

16. Ogoing's Relationship with Users

17. Copyright Infringement/Digital Millennium Copyright Act Compliance

18. Network Member Data

19. Your Social Network

20. Your Account

21. Disclaimer of Warranties

22. Indemnity

23. Your Interactions with Other Users

24. Limitation of Liability

25. Changes to Ogoing Platform

26. Amendments

27. Term and Termination Term

Termination

Effects of Terminating

Survival

28. Governing Law; Venue

29. Relationship of the Parties

30. United States Export Controls

31. No Third Party Beneficiaries

32. General

33. Contacting Ogoing

Ogoing Privacy Policy

1. How Ogoing Operates

2. Collection of Personal Information

3. Passive Data Collection

4. Content and Use of Networks

5. Third Party Advertisers

6. Information Received From Third-Party Sources

7. How Ogoing Uses Personal Information

8. When Ogoing Discloses Personal Information

9. Change of Ownership

10. Security

11. Children

12. Your Choices

13. Email Communications and Unsolicited Commercial Email

14. Third-Party Service

15. International Users

16. Changes and Updates to This Privacy Policy

17. Contacting Ogoing