hiQ Labs, Inc. v. Linkedin Corporation
Filing
1
COMPLAINT against Linkedin Corporation ( Filing fee $ 400, receipt number 0971-11453893.). Filed byhiQ Labs, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Civil Cover Sheet)(Wisoff, Carl) (Filed on 6/7/2017)
EXHIBIT 1
5/26/2017
User Agreement | LinkedIn
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SlideShare, a content sharing platform, and LinkedIn Pulse, a news reading application, are part of the LinkedIn family.
User Agreement
Who owns your content? You do.
Welcome, and thanks for using LinkedIn.com, SlideShare.net, Pulse and/or
other LinkedIn services and apps! When you use our products and services,
you're agreeing to our terms, so please take a few minutes to read over the
User Agreement below.
Note: You are entering into a legally binding agreement.
1. Introduction
We will update our User Agreement soon. Please see the preview.
We are a social network and online
platform for professionals.
1.1. Purpose
Our mission is to connect the world's professionals to allow them to be more productive and
successful. Our services are designed to promote economic opportunity for our members by
enabling you and millions of other professionals to meet, exchange ideas, learn, and find
opportunities or employees, work, and make decisions in a network of trusted relationships.
When you use our Services (including
Slideshare and Pulse), you are
entering into a legal agreement and
you agree to all of these terms.
1.2. Agreement
You agree that by clicking “Join Now” “Join LinkedIn”, “Sign Up” or similar, registering, accessing
or using our services (including LinkedIn, SlideShare, Pulse, our related mobile apps, developer
platforms, premium services, or any content or information provided as part of these services,
collectively, “Services”), you are entering into a legally binding agreement (even if you are using
our Services on behalf of a company). If you reside in the United States, your agreement is with
LinkedIn Corporation and if you reside outside of the United States, your agreement is with
LinkedIn Ireland Unlimited Company (each, “LinkedIn” or “we”).
You also agree to our Privacy Policy,
which covers how we collect, use,
share, and store your personal
information.
This “Agreement” includes this User Agreement and the Privacy Policy, and other terms that will
be displayed to you at the time you first use certain features (such as starting a “Group,”
downloading one of our software applications or purchasing advertisements or InMails™), as may
be amended by LinkedIn from time to time. If you do not agree to this Agreement, do NOT click
“Join Now” (or similar) and do not access or otherwise use any of our Services.
Registered users of our Services are “Members” and unregistered users are “Visitors”. This
Agreement applies to both.
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2. Obligations
Here are some promises you make to
us in this Agreement:
You're eligible to enter into this
Agreement and you are at least our
“Minimum Age.”
You'll keep your password a secret.
You will not share an account with
anyone else and will follow our rules
and the law.
2.1. Service Eligibility
To use the Services, you agree that: (1) you must be the “Minimum Age” (defined below) or older;
(2) you will only have one LinkedIn account (and/or one SlideShare or Pulse account, if
applicable), which must be in your real name; and (3) you are not already restricted by LinkedIn
from using the Services.
“Minimum Age” means (a) 18 years old for the People's Republic of China, (b) 16 years old for the
Netherlands, (c) 14 years old for the United States, Canada, Germany, Spain, Australia and
South Korea, and (d) 13 years old for all other countries. However, if law requires that you must
be older in order for LinkedIn to lawfully provide the Services to you (including the collection,
storage and use of your information) then the Minimum Age is such older age. The Services are
not for use by anyone under the age of 13.
2.2. Your Membership
As between you and others, your account belongs to you. You agree to: (1) try to choose a
strong and secure password; (2) keep your password secure and confidential; (3) not transfer any
part of your account (e.g., connections, groups) and (4) follow the law and the Dos and Don'ts
below. You are responsible for anything that happens through your account unless you close it or
report misuse.
Note that for Premium Services purchased by another party for you to use (e.g. Recruiter seat
bought by your employer), the party paying for the Premium Service controls such an account
(which is different from your personal account) and may terminate your access to it.
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You'll honor your payment obligations
and you are okay with us storing your
payment information. Also, there may
be fees and taxes that are added to
our prices.
We don't guarantee refunds.
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2.3 Payment
If you purchase any of our paid Services (“Premium Services”), you agree to pay us the
applicable fees and taxes. Failure to pay these fees may result in the termination of your
subscription. Also:
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Your purchase may be subject to foreign exchange fees or differences in prices based on
location (e.g. exchange rates).
You authorize us to store and continue billing your payment method (e.g. credit card) even
after it has expired, to avoid interruptions in your service (e.g. subscriptions) and to
facilitate easy payment for new services.
You must pay us for applicable fees and taxes unless you cancel the Premium Service, in
which case you agree to still pay these fees through the end of the applicable subscription
period. Learn how to cancel or change your Premium Services and read about LinkedIn's
refund policy.
Taxes are calculated based on the billing information that you provide us at the time of
purchase.
For LinkedIn, you can get a copy of your invoice through your account settings under “Purchase
History” for SlideShare you can request your invoice through Customer Support.
You're okay with us using our
websites, mobile apps, and email to
provide you with important notices.
This Agreement applies to mobile
applications as well. Also, you agree
certain additional information can be
shared with us.
2.4. Notices and Service Messages
You agree that we may provide notices to you in the following ways: (1) a banner notice on the
Service, or (2) an email sent to an address you provided, or (3) through other means including
mobile number, telephone, or mail. You agree to keep your contact information up to date.
Please review your LinkedIn.com and Slideshare.net settings to control and limit what kind of
messages you receive from us.
If the contact information you provide
isn't up to date, you may miss out on
these notices.
When you share information, others
can see, copy and use that
information.
2.5. Messages and Sharing
Our Services allow messaging and sharing of information in many ways, such as your profile,
slide deck, links to news articles, job postings, InMails and blogs. Information and content that
you share or post may be seen by other Members or, if public, by Visitors. Where we have made
settings available, we will honor the choices you make about who can see content or information
(e.g., sharing to a group instead of your network, changing the default setting for SlideShare
content from public to a more restricted view, limiting your profile visibility, or not letting people
know when you change your profile, make recommendations or follow companies). Note that
other activities, such as applying for a job or sending an InMail, are by default private, only
visible to the addressee(s).
We are not obligated to publish any information or content on our Service and can remove it in
our sole discretion, with or without notice.
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3. Rights and Limits
You own all of the content, feedback,
and personal information you provide
to us, but you also grant us a non
non
exc
exclusive license to it.
We'll honor the choices you make
about who gets to see your information
and content.
You promise to only provide
information and content that you have
the right to share, and that your
LinkedIn profile will be truthful.
3.1. Your License to LinkedIn
As between you and LinkedIn, you own the content and information that you submit or post to the
Services and you are only granting LinkedIn the following nonexclusive license: A worldwide,
nonexc
transferable and sublicensable right to use, copy, modify, distribute, publish, and process,
information and content that you provide through our Services, without any further consent,
notice and/or compensation to you or others. These rights are limited in the following ways:
a. You can end this license for specific content by deleting such content from the Services,
or generally by closing your account, except (a) to the extent you shared it with others as
part of the Service and they copied or stored it and (b) for the reasonable time it takes to
remove from backup and other systems.
b. We will not include your content in advertisements for the products and services of others
(including sponsored content) to others without your separate consent. However, we have
the right, without compensation to you or others, to serve ads near your content and
information, and your comments on sponsored content may be visible as noted in the
Privacy Policy.
c. We will get your consent if we want to give others the right to publish your posts beyond
the Service. However, other Members and/or Visitors may access and share your content
and information, consistent with your settings and degree of connection with them.
d. While we may edit and make formatting changes to your content (such as translating it,
modifying the size, layout or file type or removing metadata), we will not modify the
meaning of your expression.
e. Because you own your content and information and we only have nonexclusive rights to
nonexc
it, you may choose to make it available to others, including under the terms of a Creative
Commons license.
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You agree that we may access, store and use any information that you provide in accordance
with the terms of the Privacy Policy and your privacy settings.
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By submitting suggestions or other feedback regarding our Services to LinkedIn, you agree that
LinkedIn can use and share (but does not have to) such feedback for any purpose without
compensation to you.
You agree to only provide content or information if that does not violate the law nor anyone's
rights (e.g., without violating any intellectual property rights or breaching a contract). You also
agree that your profile information will be truthful. LinkedIn may be required by law to remove
certain information or content in certain countries.
We may change or discontinue any of
our Services. We can't promise to
store or keep showing any information
and content you've posted.
3.2. Service Availability
We may change, suspend or end any Service, or change and modify prices prospectively in our
discretion. To the extent allowed under law, these changes may be effective upon notice provided
to you.
LinkedIn is not a storage service. You agree that we have no obligation to store, maintain or
provide you a copy of any content or information that you or others provide, except to the extent
required by applicable law and as noted in Section 3.1 of our Privacy Policy
When you see or use others' content
and information posted on our
Services, it's at your own risk.
Third parties may offer their own
products and services through
LinkedIn, and we aren't responsible for
those thirdparty activities.
We have the right to limit how you
connect and interact on our Services.
We're providing you notice about our
intellectual property rights.
3.3. Other Content, Sites and apps
By using the Services, you may encounter content or information that might be inaccurate,
incomplete, delayed, misleading, illegal, offensive or otherwise harmful. LinkedIn generally does
not review content provided by our Members. You agree that we are not responsible for third
parties' (including other Members') content or information or for any damages as result of your
use of or reliance on it.
You are responsible for deciding if you want to access or use third party apps or sites that link
from our Services. If you allow a third party app or site to authenticate you or connect with your
LinkedIn account, that app or site can access information on LinkedIn related to you and your
connections. Third party apps and sites have their own legal terms and privacy policies, and you
may be giving others permission to use your information in ways we would not. Except to the
limited extent it may be required by applicable law, LinkedIn is not responsible for these other
sites and apps use these at your own risk. Please see Sections 2.6 and 2.7 of the Privacy
Policy.
3.4. Limits
LinkedIn reserves the right to limit your use of the Services, including the number of your
connections and your ability to contact other Members. LinkedIn reserves the right to restrict,
suspend, or terminate your account if LinkedIn believes that you may be in breach of this
Agreement or law or are misusing the Services (e.g. violating any Do and Don'ts).
LinkedIn reserves all of its intellectual property rights in the Services. For example, LinkedIn,
SlideShare, LinkedIn (stylized), the SlideShare and “in” logos and other LinkedIn trademarks,
service marks, graphics, and logos used in connection with LinkedIn are trademarks or registered
trademarks of LinkedIn. Other trademarks and logos used in connection with the Services may
be the trademarks of their respective owners.
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4. Disclaimer and Limit of Liability
This is our disclaimer of legal liability
for the quality, safety, or reliability of
our Services.
4.1. No Warranty
TO THE EXTENT ALLOWED UNDER LAW, LINKEDIN (AND THOSE THAT LINKEDIN WORKS
WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND
REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT
GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR
ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON
AN “AS IS” AND “AS AVAILABLE” BASIS.
SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE
DISCLAIMERS MAY NOT APPLY TO YOU.
These are the limits of legal liability we
may have to you.
4.2. Exclusion of Liability
TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS LINKEDIN HAS ENTERED INTO
A SEPARATE WRITTEN AGREEMENT THAT SUPERSEDES THIS AGREEMENT), LINKEDIN
(AND THOSE THAT LINKEDIN WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE
LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES,
REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE
OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OR CHANGES TO YOUR
INFORMATION OR CONTENT).
IN NO EVENT SHALL THE LIABILITY OF LINKEDIN (AND THOSE THAT LINKEDIN WORKS
WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN
AMOUNT THAT IS THE LESSER OF (A) FIVE TIMES THE MOST RECENT MONTHLY OR
YEARLY FEE THAT YOU PAID FOR A PREMIUM SERVICE, IF ANY, OR (B) US $1000.
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THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU
AND LINKEDIN AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT,
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NEGLIGENCE, CONTRACT, LAW) AND EVEN IF LINKEDIN HAS BEEN TOLD OF THE
POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR
ESSENTIAL PURPOSE.
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SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE
LIMITS MAY NOT APPLY TO YOU.
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5. Termination
We can each end this Agreement
anytime we want.
LinkedIn or You may terminate this Agreement at any time with notice to the other. On
termination, you lose the right to access or use the Services. The following shall survive
termination:
Our rights to use and disclose your feedback;
Members' and/or Visitors' rights to further reshare content and information you shared
through the Service to the extent copied or reshared prior to termination;
Sections 4, 6 and 7 of this Agreement;
Any amounts owed by either party prior to termination remain owed after termination.
You can visit our Help Center to learn how to close your LinkedIn account, close your Pulse
account, or close your Slideshare account.
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6. Dispute Resolution
In the unlikely event we end up in a
legal dispute, it will take place in
California courts, applying California
law.
You agree that the laws of the State of California, U.S.A., excluding its conflict of laws rules,
shall exclusively govern any dispute relating to this Agreement and/or the Services. We both
agree that all of these claims can only be litigated in the federal or state courts of Santa Clara
County, California, USA, and we each agree to personal jurisdiction in those courts.
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7. General Terms
Here are some important details about
how to read the Agreement.
If a court with authority over this Agreement finds any part of it not enforceable, you and us agree
that the court should modify the terms to make that part enforceable while still achieving its
intent. If the court cannot do that, you and us agree to ask the court to remove that
unenforceable part and still enforce the rest of this Agreement. To the extent allowed by law, the
English version of this Agreement is binding and other translations are for convenience only. This
Agreement (including additional terms that may be provided by us when you engage with a
feature of the Services) is the only agreement between us regarding the Services and
supersedes all prior agreements for the Services.
If we don't act to enforce a breach of this Agreement, that does not mean that LinkedIn has
waived its right to enforce this Agreement. You may not assign or transfer this Agreement (or
your membership or use of Services) to anyone without our consent. However, you agree that
LinkedIn may assign this Agreement to its affiliates or a party that buys it without your consent.
There are no third party beneficiaries to this Agreement.
We reserve the right to change the terms of this Agreement and will provide you notice if we do
and we agree that changes cannot be retroactive. If you don't agree to these changes, you must
stop using the Services.
You agree that the only way to provide us legal notice is at the addresses provided in Section 10.
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8. LinkedIn “DOs” and “DON’Ts.”
8.1. Dos. You agree that you will:
Comply with all applicable laws, including, without limitation, privacy laws, intellectual
property laws, antispam laws, export control laws, tax laws, and regulatory requirements;
Provide accurate information to us and keep it updated;
Use your real name on your profile;
Use the Services in a professional manner.
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8.2. Don'ts. You agree that you will not:
Act dishonestly or unprofessionally, including by posting inappropriate, inaccurate, or
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objectionable content;
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Add content that is not intended for, or inaccurate for, a designated field (e.g. submitting a
telephone number in the “title” or any other field, or including telephone numbers, email
addresses, street addresses or any personally identifiable information for which there is
not a field provided by LinkedIn);
Use an image that is not your likeness or a headshot photo for your profile;
Create a false identity on LinkedIn;
Misrepresent your current or previous positions and qualifications;
Misrepresent your affiliations with a person or entity, past or present;
Misrepresent your identity, including but not limited to the use of a pseudonym;
Create a Member profile for anyone other than yourself (a real person);
Invite people you do not know to join your network;
Use or attempt to use another's account;
Harass, abuse or harm another person;
Send spam or other unwelcomed communications to others;
Scrape or copy profiles and information of others through any means (including crawlers,
browser plugins and addons, and any other technology or manual work);
Act in an unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable
manner;
Disclose information that you do not have the right to disclose (such as confidential
information of others (including your employer));
Violate intellectual property rights of others, including patents, trademarks, trade secrets,
copyrights or other proprietary rights;
Violate the intellectual property or other rights of LinkedIn, including, without limitation,
using the word “LinkedIn” or our logos in any business name, email, or URL except as
provided in the Brand Guidelines;
Use LinkedIn invitations to send messages to people who don't know you or who are
unlikely to recognize you as a known contact;
Post any unsolicited or unauthorized advertising, “junk mail,” “spam,” “chain letters,”
“pyramid schemes,” or any other form of solicitation unauthorized by LinkedIn;
Send messages to distribution lists, newsgroup aliases, or group aliases;
Post anything that contains software viruses, worms, or any other harmful code;
Manipulate identifiers in order to disguise the origin of any message or post transmitted
through the Services;
Create profiles or provide content that promotes escort services or prostitution.
Creating or operate a pyramid scheme, fraud or other similar practice;
Copy or use the information, content or data of others available on the Services (except
as expressly authorized);
Copy or use the information, content or data on LinkedIn in connection with a competitive
service (as determined by LinkedIn);
Copy, modify or create derivative works of LinkedIn, the Services or any related
technology (except as expressly authorized by LinkedIn);
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the
source code for the Services or any related technology, or any part thereof;
Imply or state that you are affiliated with or endorsed by LinkedIn without our express
consent (e.g., representing yourself as an accredited LinkedIn trainer);
Rent, lease, loan, trade, sell/resell access to the Services or related any information or
data;
Sell, sponsor, or otherwise monetize a LinkedIn Group or any other feature of the
Services, without LinkedIn's consent;
Deeplink to our Services for any purpose other than to promote your profile or a Group on
LinkedIn (as set forth in the Brand Guidelines), without LinkedIn's consent;
Remove any copyright, trademark or other proprietary rights notices contained in or on our
Service;
Remove, cover or obscure any advertisement included on the Services;
Collect, use, copy, or transfer any information obtained from LinkedIn without the consent
of LinkedIn;
Share or disclose information of others without their express consent;
Use manual or automated software, devices, scripts robots, other means or processes to
access, “scrape,” “crawl” or “spider” the Services or any related data or information;
Use bots or other automated methods to access the Services, add or download contacts,
send or redirect messages;
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Monitor the Services' availability, performance or functionality for any competitive
purpose;
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Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the
Services;
Access the Services except through the interfaces expressly provided by LinkedIn, such
as its mobile applications, linkedin.com and slideshare.net;
Override any security feature of the Services;
Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam,
denial of service attack, viruses, gaming algorithms); and/or
Violate SlideShare's Community Guidelines or, if you're a commercial user of SlideShare,
the SlideShare Commercial Terms of Service.
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9. Complaints Regarding Content
We respect the intellectual property rights of others. We require that information posted by
Members be accurate and not in violation of the intellectual property rights or other rights of third
parties. We provide a policy and process for complaints concerning content posted by our
Members.
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10. How To Contact Us
If you want to send us notices or
service of process, please contact us:
For Members in the United States:
LinkedIn Corporation
Attn: Agreement Matters (Legal)
1000 West Maude Avenue
SunnyvaleCA94085
USA
ONLINE at:
https://linkedin.com/help/linkedin
OR BY MAIL at:
For Members outside the United
States:
LinkedIn Ireland Unlimited Company
Attn: Agreement Matters (Legal)
Wilton Plaza,
Wilton Place,Dublin 2
Ireland
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LinkedIn Corporation, Sunnyvale, California, USA, and LinkedIn Ireland Unlimited Company,
Dublin, Ireland, October 23, 2014
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