Effective August 1, 2008 Welcome to the Socialu™ social community and thanks for accessing our services. Your use of this service is offered by ZoomNation, Inc. ("ZoomNation", "we" or "our") and governed by the terms and conditions of this Agreement.

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Socialu.com web site, its community software application and any other features, functions, widgets, or applications Socialu might offer from time to time (hereinafter “Socialu Services”) The Socialu Services are hosted in the United States.

By using the Socialu Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Socialu.com community website or you are an actual ‘Socializer’ (which means that you have registered with Socialu.com). The term "User" refers to a Visitor or registered Socializer. You are only authorized to use the Socialu Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully. If you do not agree with it, you should leave the Socialu website or uninstall its community software application and discontinue use of the Socialu Services immediately. If you wish to become a Socializer, communicate with other Socializers and make use of the Socialu Services, you must read this Agreement and indicate your acceptance during the Registration process.

1. Ownership: This Web site is owned and operated by ZoomNation Inc. Except where otherwise indicated, the content featured, displayed or provided as part of the Socialu Services, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software, belong to ZoomNation Inc, its licensors, partners and its content providers, and is protected by copyright, trade dress, moral rights, trademark and other laws relating to intellectual property rights, to the fullest extent applicable under the laws of the United States, Canada, the laws of other countries and international law. Unauthorized use of the materials available within the Socialu Services could subject you to liability under copyright, trademark, trade dress, unfair competition, and other laws of the United States.

2. Licence: ZoomNation Inc. authorizes you to temporarily copy materials within the Socialu Services to a hard drive for the purpose of viewing and using the Socialu Services on your computer. You may not print portions of the site in hard copy for any purpose including but limited to, facilitating your personal, noncommercial use and retention of information from any materials provided within the Socialu Services. You may not sell or modify the material or reproduce, republish, display, publicly perform, distribute, or otherwise use the material in any way for any public or commercial purpose. Unauthorized use of this material on any other Web site or in a networked computer environment for any purpose is prohibited. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Socialu Services or any of its content. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users. You may not use any robot, spider, other automatic device, or manual process to monitor or copy our Web site or its content without our prior written permission. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the Socialu Services, except to the extent permitted by this Agreement.

3. Trademarks: ZoomNation, Socialu™, the Socialu logo, Socializers™, Socialyoo™, Socialyu™ are trademarks of ZoomNation Inc., protected under international law, the laws of the United States, the laws of Canada and other countries. Other parties’ trademarks used, depicted or identified on the Socialu Services are the property of their respective owners, used here by permission, and may be registered in one or more countries. Use on the Socialu Services or the trademark(s) (including, but not limited to, names and logos) of any other party is not intended to imply ZoomNation’s and/or Socialu™’s affiliation with or endorsement of that party, or that party’s sponsorship or endorsement of ZoomNation, Socialu™, and their products or services.

This Agreement includes ZoomNation's policy for acceptable use of the Socialu Services and Content posted on the Socialu Services, your rights, obligations and restrictions regarding your use of the Socialu Services and its Privacy Policy. In order to participate in certain Socialu Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless we otherwise provide by additional terms and conditions applicable to the Socialu Services, where you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: privacy@socialu.com, Subject: Terms of Use Agreement. ZoomNation Inc., may modify this Agreement from time to time and such modification shall be effective upon posting by ZoomNation Inc. on the Socialu.com Website or within its Socialu software application. You agree to be bound to any changes to this Agreement when you use the Socialu Services after any modification to this Agreement has been posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. Please choose carefully the information you post on the Socialu Services that you provide to other Users.

4. Content: Use of Socialu Services is void where prohibited by law. By using the Zoom Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the Socialu Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning or notification to you, if we believe that you are under 14 years of age. If you are under 18, please see rules regarding parental approval below in Section 6.

You hereby agree not to include any of the following information in your profile: telephone numbers, street addresses, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit, racially derogatory or otherwise objectionable subject matter. Despite this prohibition, information provided by other Socializers (for instance, in their Profile or their other profiles on other social networks or websites in which they elect to make visible on the Socialu Services) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Socialu or its parent company ZoomNation Inc. assumes no responsibility or liability for this material. If you become aware of misuse of the Socialu Services by any person, please contact abuse@socialu.com or click on the "Report Abuse" link at the bottom of any Socialu community web page within the Socialu Services.

In addition, we avail ourselves of the protections of the Digital Millennium Copyright Act and reserve the right to remove any content that is alleged to infringe the copyright of another party. Notices to us regarding any alleged copyright infringement on our Web site should be directed to: Graham & Dunn, Pier 70, 2801 Alaskan Way Suite 300, Seattle, WA 98121-1128. If you believe that your work has been copied and posted on the Zoom Services in a way that constitutes copyright infringement, please provide privacy@socialu.com with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Socialu Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

5. Links to Other Sites: The Socialu Services contains links to third party Web sites not operated or maintained by ZoomNation Inc. These links are provided solely as a convenience to you and not as an endorsement by ZoomNation Inc. of the contents of such third party Web sites. ZoomNation Inc. is not responsible for the content of the sites of others and makes no representation regarding the content or accuracy of materials on such sites. If you decide to access linked third-party Web sites, you do so at your own risk, and waive any and all claims against ZoomNation Inc. regarding the inclusion of links to outside Web sites or your use of those Web sites. The third party sites may contain User Agreements or Terms and Conditions to which you are subject while using those sites. We encourage you to become familiar with the privacy policies of any linked site when you access that site.

6. Privacy: ZoomNation respects your ability to make informed choices about the collection and uses of your personal information. When you access the Socialu Services, some information—such as the site that referred you to the Socialu Services , your IP address, and your email address—may be automatically collected as part of the operation of the Socialu Services. We may use this information to generate user profiles and to personalize the Socialu Services to your particular interests. We may require you to provide your age and date of birth in order to insure compliance with U.S. government restrictions on the Socialu Services providing content to, and acquiring information from, children. ZoomNation Inc. takes every reasonable effort to protect the information stored on its database, but cannot guarantee complete freedom from risk, and will not be liable for inadvertent disclosures of personal information that result from circumstances beyond ZoomNation’s reasonable control, such as hacking or other malicious attacks on the security of the Socialu Services.

Any such personal information as may from time to time be collected from the Socialu Services is stored indefinitely. Any personal information we collect may be used for such purposes as processing transactions, customer service, marketing, product and service development, and facilitating use of the Socialu Services. Unless you opt out of receiving promotional materials, we may from time to time notify you of special promotions, new products or services, or other information that may interest you. You may also receive similar notifications from our third-party associates. Any personal information we collect may be used for such purposes as processing transactions, customer service, marketing, product and service development, and facilitating subsequent use of the Socialu Services. We also reserve the right to (a) disclose any such personal information if required to do so by law, or in the belief that such action is reasonably necessary to comply with legal process, respond to claims, or protect the rights, property or safety of our company, employees, customers, or the public, and to (b) transfer or sell such personal information to any legitimate successor-in-interest to ZoomNation Inc.’s business in the event of the sale, acquisition, or insolvency of the company.

Opt-Out: If you do not want to receive promotional information from ZoomNation Inc. or the Socialu Services or our third-party associates, you will be able to express this preference by clicking on the appropriate button or checkbox provided elsewhere on the Socialu Services; or you may contact us at services@socialu.com to change your preference. We will take reasonable steps to deactivate your name from our marketing lists when we receive your request. However we will not be responsible for recalling information we may have already provided to our third-party associates prior to receiving and processing your opt-out request.

Children: It is not our intention to collect personal information from anyone under 18 years of age. If you are under 18, you should not enter information on the Socialu Services and should ask a parent to do so for you. If you are under 14, we must have express written permission from a parent before you may use this site. The authorizing parent must email us parentalconsent@socialu.com, certifying the parent’s age and authority, and giving us express permission to acquire and retain any such personal information from you as we may normally obtain from users of this site.

Recourse: If at any time you believe that ZoomNation Inc. has not followed the above policy, please let us know at privacy@zoomnation.net and we will make reasonable efforts to identify and correct any problem.

Changes: ZoomNation reserves the right to change the terms of any of its privacy policies for any of its services at any time. If we do change the Socialu Services privacy policy, we will post the changes on the socialu.com Web site. We encourage you to review this privacy policy each time you visit our Web site or the socialu.com Web site to make sure you understand our current policy on collecting and using customer information.

Limitation: It is ZoomNation’s intention that this Privacy Policy apply only to the Socialu Services online data retention and collection activities. The Policy does not apply to any offline practices or any other online services offered by ZoomNation Inc.

7. Socialu Weblogs, Profile Ratings, website , music, video posts and other Socializer generated public forums or comments: Please be aware that whenever you voluntarily post public information within the Socialu Services, Weblogs, Profile Ratings, website, music, video posts and other Socializer generated public forums or comments that information might be accessed by the public and might in turn be used to send you unsolicited communications.

8. Use of Cookies: The Socialu Services uses cookies to store visitors' preferences to record session information for purposes that include preventing Users from repeatedly being offered the same advertisements and to customize newsletter, advertising, and Web content based on browser type and user profile information. You may be able to configure your browser to accept or reject all or some cookies, or notify you when a cookie is set -- each browser is different, so please see the "Help" menu of your browser to learn how to change your cookie preferences. However, you must enable cookies from Socialu.com in order to use most functions on our community site. Please note that the Socialu Services allow 3rd party advertisers that are presenting advertisements on some of our pages to set and access their cookies on your computer. Advertisers' use of cookies is subject to their own privacy policies and not the ZoomNation Inc. Privacy Policy for the Socialu Services.

9. Fees: You acknowledge that ZoomNation Inc. reserves the right to charge for the Socialu Services from time to time and to change those fees from time to time in its sole discretion without any advanced written notice, site notification, email, hard copy letter, or any other form of communication electronic or otherwise to you. If the Socialu Services terminates your Membership because you have breached the Agreement, you shall not be entitled to a refund of any unused portion of any subscription fees that we might charge from time to time on the Socialu Services.

10. Password: When you sign up to become a Socializer on Socialu.com, you will also be asked to create a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Socializer at any time or disclose your password to any third party. You agree to notify Socialu.com immediately (security@socialu.com) if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

11. Non-commercial Use: The Socialu Services are for the personal use of Socializers only and may not be used in connection with any commercial activities except those that are specifically endorsed or approved by ZoomNation Inc. Illegal and/or unauthorized use of the Socialu Services, including collecting usernames and/or email addresses of Socializers by electronic or any other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Socialu community website is strictly prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Socializer profiles without notice and may result in termination of your Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Socialu Services.

12. Proprietary Rights of Content: ZoomNation Inc. does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the Socialu Services. After posting your Content to the Socialu Services, you continue to retain all ownership rights in such Content other than content posted by you belonging to third parties of which you are solely responsible for and we might if required or requested remove on their behalf, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the Socialu Services, you hereby grant to ZoomNation Inc. all rights needed to use and allow others to use, modify, publicly perform, publicly display, reproduce, and distribute such Content through the Socialu Services without any payment to you or any other party.

You represent and warrant that: (i) you own the Content posted by you on or through the Socialu Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Socialu Services does not violate the privacy rights, publicity rights, intellectual property rights (copyrights, patents, trademarks), contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing to any person or entity by reason of any Content posted by you to or through the Socialu Services.

The Socialu Services contain Content of ZoomNation Inc. ("Zoom Content"). Zoom Content is protected by copyright, trademark, patent, trade secret and other laws, and ZoomNation Inc. owns and retains all rights in the Zoom Content and the Socialu Services. ZoomNation Inc. hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the Zoom Content (excluding any software code) solely for your personal use in connection with viewing and using the Socialu Services or any of its widgets or applications.

The Socialu Services contain Content of Users and other Socialu licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Socialu Services.

13. Socializer Oath: User hereby agrees not to post on or through the Socialu Services, content that is:

1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another person or group;
3. exploits people in a sexual or violent manner;
4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
5. solicits personal information from anyone in the Socialu community;
6. provides any telephone numbers, street addresses, last names, URLs or email addresses;
7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
9. involves the transmission of "junk mail," "chain letters," or "unsolicited mass mailing", "instant messaging", "phishing", "spimming" or "spamming";
10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
14. includes a photograph of another person that you have posted without that person's consent; or
15. uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.

Users hereby agree not to participate in:

1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
2. advertising to, or solicitation of, any Socializer to buy or sell any products or services through the Socialu Services. You may not transmit any chain letters or junk email to other Socializers. It is also a violation of these rules to use any information obtained from the Socialu Services in order to contact, advertise to, solicit, or sell to any Socializer without their prior explicit consent. In order to protect our Socializers from such advertising or solicitation, Socialu reserves the right to restrict the number of comments or messages that a Socializer may send to other Socializers in any 24-hour period to a number that ZoomNation Inc. deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages, comment, rating or page post spams or any other unsolicited communications of any kind through the Socialu Services, you acknowledge that you will have caused substantial harm to ZoomNation Inc. and its Socialu Services, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay ZoomNation Inc. $50 USD for each such unsolicited email or other unsolicited communication you send through the Socialu Services;
3. covering or obscuring the banner advertisements on any of the Socialu Services page, or any community page via HTML/CSS or any other means;
4. any automated use of the system, such as using scripts to add friends or send comments, ratings or page posts including but not limited to unsolicited instant messages;
5. interfering with, disrupting, or creating an undue burden on the Socialu Services or the networks or services connected to the Socialu Services;
6. attempting to impersonate another Socializer or creating multiple accounts under false identities for the purposes of manipulating the Socialu Services in order to benefit from virtual gifts, increase in social dollars and falsely increasing your social networth;
7. selling or otherwise transferring your Social life;
8. using any information obtained from the Zoom Services in order to harass, abuse, or harm another person;
9. displaying an advertisement on your ”My Place” area, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Socialu Services on behalf of that person, such as placing commercial content on you’re My Place area, posting HTML linked comments or bulletins with a commercial purpose.; or
10. using the Socialu Services in a manner inconsistent with any and all applicable laws and regulations.

DISCLAIMERS OF WARRANTIES: ZOOMNATION INC. DOES NOT WARRANT THAT THE SOCIALU SERVICES WILL OPERATE ERROR-FREE OR THAT THE SOCIALU SERVICES AND ANY OF ITS SERVERS ARE FREE OF COMPUTER VIRUSES AND/OR OTHER HARMFUL MATERIALS. IF YOUR USE OF THE SOCIALU SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING YOUR EQUIPMENT OR DATA, ZOOMNATION INC. IS NOT RESPONSIBLE FOR THOSE COSTS. THE SOCIALU SERVICES IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ZOOMNATION INC., TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. ZOOMNATION INC. MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SOCIALU SERVICES OR ANY OF ITS SOFTWARE TEXT, GRAPHICS, AND/OR LINKS.

DISCLAIMER OF CONSEQUENTIAL DAMAGES: EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, NEITHER ZOOMNATION INC. NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, CONTENT PROVIDERS, AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES, ARISING FROM THE USE OR PERFORMANCE OF THIS WEB SITE OR FROM ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH THE SOCIALU SERVICES, EVEN IF ZOOMNATION INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

REMEDY: IF YOU ARE DISSATISFIED WITH THE SOCIALU SERVICES, OR ANY PORTION THEREOF, YOUR EXCLUSIVE REMEDY SHALL BE TO CEASE USING THE SOCIALU SERVICES.

Some U.S. States and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by State or national provisions. ZoomNation Inc. makes no representation of any kind with respect to the applicability and enforceability of laws or policies of countries other than the United States over the content of the Socialu Services and the provisions of these Terms and Conditions.

Software Licenses

Any software that may from time to time be made available for downloading from the Socialu Services is protected by copyright and may be protected by other rights. The use of such software is governed by the terms of the software license agreement or designated "Legal Notice" accompanying such software. The downloading and use of such software is conditioned on your agreement to be bound by the terms of the License Agreement.

U.S. Export Controls

Software available in connection with the Socialu Services (the "Software") is further subject to United States export controls. No software may be downloaded from the Socialu Web site or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

15. Governing Law and Venue: This Agreement shall be interpreted, construed and governed by the laws of the State of Washington, USA, without reference to its laws relating to conflicts of law and not including the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under this Agreement shall lie exclusively in the Superior Courts of the State of Washington in King County or the Federal District Courts of the Western District of Washington (as permitted by law) and each party agrees not to contest the personal jurisdiction of these courts. Notwithstanding the foregoing, however, ZoomNation Inc. shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-U.S. court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of ZoomNation Inc., such action is necessary or desirable.

16. Enforcement: Should any clause of these Terms and Conditions of Use be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. ZoomNation Inc’s failure to expressly enforce any provision of these Terms and Conditions does not waive its rights to enforce that or any other provision.

17. Modification/Integration: We reserve the right to change these Terms and Conditions, and other information available on this Web site, without notice. These conditions set out the entire agreement between ZoomNation Inc. and you relating to your use of the Socialu Services.

18. Other: This Agreement is accepted upon your use of the Socialu Services and is further affirmed by you becoming a Socializer. This Agreement constitutes the entire agreement between you and ZoomNation Inc. regarding the use of the Socialu Services. The failure of ZoomNation Inc. to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. ZoomNation Inc, Zoomtown™ , Socializer™, Socialu™,Socialyu™,Socialyoo™ Chatter™ or Zoomers™ Sociallife™ are trademarks of ZoomNation, Inc. This Agreement operates to the fullest extent permissible by law.

19. Indemnity: You agree to indemnify and hold ZoomNation Inc., its subsidiaries, and affiliates, and their respective officers, directors, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Socialu Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Socialu Services causes ZoomNation Inc. to be liable to another.

© 2008 ZoomNation, Inc. All rights reserved.