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,

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

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

1. Definitions of Terms
   "Content" means

   1. 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

   2. 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.

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.

1. How Ogoing Operates

   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.