Facebook, Inc. et al v. Nollen et al

Filing 1

COMPLAINT against Leon Hedges, Arend Nollen, David Pasanen, Social Media Series Limited ( Filing fee $ 400, receipt number 0971-13292641.). Filed byFacebook Inc., Instagram, LLC. (Attachments: #1 Exhibit Exhibits 1-8, #2 Exhibit Exhibits 9-22, #3 Civil Cover Sheet)(Mortimer, Ann Marie) (Filed on 4/25/2019)

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3/21/19 - SOCIAL ENVY LIMITED (5550172) - companiesoffice.govt.nz - Documents - Shareholder Consent Form 2 09 Jan 2015

COMP,
IMPORTANT! This document must be uploaded online OR
faxed to 0508 266 736 (0508 CONSENT) or [phone].
Please do not return this document by post.

Consent of shareholder of proposed company
Section 12(1) Companies Act 1993
Name of proposed company

&Imo& (for office use)

SOCIAL ENVY LIMITED

50000894827
Proposed company number

5550172
Shareholder's full legal name

Arend Alexander Hubert NOLLEN

Shareholder's address

29 Pinehaven Road
Pinehaven
Upper I-kitt
5019

NZ
Number of shares held

50

I consent to act as shareholder of the above proposed cornpanyancl to taking the number of shares specified

Signature

IMPORTANT INFORMATION
Share holders
A trust, whether expressed, krpfled or constructive. cannot be entered on the share regeter. Were, IV example. shares are he kl
by a fan* trust the name of the trustees must be entered kidividualy as merrbers of a share parcel
h
nitials of the person's name are not allow ed The ful legal name trust be provided
A postal address. private bag or cix nurrter is not perrnitted for the shareholder's address.
Only one person rrustcomplete this form if the shares are held pod, w eh others then each shareholder must complete and sx3n
their ow n form, indicating they own them piney.
the shareholder is a natural person, please give a rasa:Jetta' address I the shareholder a a body corporate. please give t he
address of ris registered off ice or, f edam not haves regalered once. the address of its principalplace of busness
r
If the form has been signed by an agent, it must be actorrpahed by the instrument authora. ig the agent to sagn it An exarrp le
►
w here this w °mid be used is w hen the shareholder a overseas and unable to sign the forme hen the company is to be
incorporated To obtain more inforrnahon on the process oclucing a tarty* authorisation form then veil our w ebete
1 the form is signed under paw or of attorney, the attorney nut provde a Certdcate of Non • Revocaton To obtain more
trtforrnstson on Mrs process then vise our webs*.

Completed by

ArendMIEN
29 Pinshaven Read
Pnehaven
5019
Upper Hull
NZ

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3/21/19 - SOCIAL ENVY LIMITED (5550172) - companiesoffice.govt.nz - Documents - Shareholder Consent Form 1 09 Jan 2015

Form 3
Firm vendor' :Pond 2013

COMPANIES
IMPORTANT! This document must be uploaded online OR
faxed to 0508 266 736 (0508 CONSENT) or [phone].
Please do not return this document by post.

Consent of shareholder of proposed company
Section 12(1) Companies Act 1993
Barcode (for office use)

Name of proposed company

[50000894826

SOCIAL ENVY LIMITED

Proposed company number

5550172
Shareholder's full legal name

Leon Francis HEDGES

Shareholder's address

8d Waldie Grove
Avalon
Lower Hutt
NZ

Number of shares held

5011

P50

I consent to act as shareholder of the above proposed company and to taking the number of shares specified.
Signature

IMPORTANT INFORMATION
Shareholders
IOUS

ces

A trust. whether expressed, implied or constroothns, cannot be entered on the share maw_ VVIniere, for example. shares are held
by a famiry trust the name of the
must be entered individually as members Of a share parcel.
initists of the person's name are not allowed. The NI legst name must be provided.
A postal address. pnvate bag or DX number Is not permitted for the shareholder's address.
Only one person must complete this form if the Shares are held tointty wAh others then each shareholder must complete and sign
their own term, indicating they own them jointly
It the shareholder is a natural person, please give a residential address If the shareholder el a body corpcirate, please give the
address of its registered office or., if it doss not haw: a registered office, the address Oita principal place el business
If this form has been signed by an agent. rt must be accomparwed by the instrument authorising the agent to sign it. An example
where this would be used is when the shareholder a overseas and triable to sign the fOim when the company is to be
Incorporated To obtain more Information on this process including a samege authorisation form then visit our website
If this form is signed under power of attorney. the attorney must provide a Certificate of Non-Revocation To obtain more
infOrrnaliOn on this process then visit our websie

Completed by

Arend NOLLEN
29 Pintglaven Road
Pin•haVen
5019
Upper Hutt
NZ

EXHIBIT 11
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04/25/19 socialenvy.co - 12/2/16 archive.org Terms and Conditions
https://www.socialenvy.co/terms.html

Go

NOV DEC JAN

®

02

1 capture

2015 2016 2017

2 Dec 2016

• About this capture

5 0 C I AL

ENVY

Home

How it Works

Reviews

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TERMS AND CONDITIONS
1. General
This is the most recent Terms of Service agreement as of July 23, 2015.
IF YOU DO NOT WISH TO ACCEPT ALL TERMS OF SERVICE FOR THE Social Envy WEBSITE
THEN PLEASE DO NOT REGISTER OR ACCEPT THIS AGREEMENT.
Any further changes modify and replace all former agreements.
2. Service
Social Envy will only be used for promotional purposes for your account and pictures on
Instagram.
We require your Instagram credentials to run our service because we need access to your
Instagram API. To run our service we use your Instagram API to target your specific target
audience to drive traffic to your account. This is a very legitimate marketing method which will
increase your exposure and following with real organic followers.
The expected amount of followers, likes and comments is not guaranteed to you in any way. It all
depends on the quality and interestingness of your content.
Images liked by Social Envy or related services are chosen through hash-tagging - we cannot
gua'antee photos liked to be of appropriate material. (Example: photos containing nudity with
the hash-tags #fitness #nutrition)
3. PayPal & Payments
You agree that upon purchasing our services, that you clearly understand and agree what you
are purchasing and will not file a fraudulent dispute via PayPal.
You• re-occurring payment term will automatically recur for the same amount on the same term if
you fail to cancel or notify us for cancellation
Upon a fraudulent attempt to file a dispute, we receive the right, if necessary, to reset all
followers and likes, terminate your account and/or permanently ban your IP address.
If you fail to reply within 1 week you will automatically forfeit any chance of a refund fog that
weeks and previous weeks payments and instead be applied *time" as service for the monies
paid.
4. Registration
We require your Instagram username and password to obtain required information for Social
Envy services.
By subscribing to a specific Instagram weekly term, you must pay for the complete term time
before cancelling your subscription. If no notice your term time will fall into the exact same term
time. If at any stage you would like to cancel your term please contact support to advise them of
this & allow 24 hours.
You agree by registering or accepting this agreement that you are at least 13 years of age.
5. Copyright
You will in no way copy any programming, text or images used on the Social Envy website
without the written consent of a Social Envy representative.
6. Instagram
You will only use the Social Envy website in a manner which follows all agreements made with
Instagram on their Terms of Service page.

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04/10/19 Igfamous.net - 2/12/15 archive.org Terms and ConditionsConditons
04/25/19 igfamous.net - 12/3/15 archive.org Terms and
APR

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SOCIAL ENVY LIMITED is not affiliated with instagram or Facebook in anyway.
It is your sole responsibility to comply with Instagram rules and any legislation that you are subject to. Our li You use SOCIAL ENW LIMITED at your own risk.
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By subscribing to a specific Instagram weekly term, you must pay for the complete term time before cancelling your subscription. If no notice your term time will fall into
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Your re-occurring payment term will automatically recur for the same amount on the same term if you fail to cancel or notify us for cancellation
You agree that upon purchasing our service, that you clearly understand and agree what you are purchasing and will not file a fraudulent dispute via PayPal.
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EXHIBIT 14
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EXHIBIT 15
EXHIBIT 15
PAGE 48

February 20, 2018

Catherine M. del Fierro
[e-mail]
D. [phone]

VIA EMAIL
Arend Nollen
a/k/a Arend Boss
29 Pinehaven Road
Pinehaven
Upper Hutt 5019
New Zealand
[e-mail]
[e-mail]
Leon Francis Hedges
Stokes Valley
Lower Hutt
5019 New Zealand
[e-mail]
[e-mail]
Re:

SocialEnvy.co and IGFamous.net - Cease and Desist Abuse of Instagram and Notice
of Trademark Infringement

Dear Messrs. Nollen and Hedges:
We represent Facebook, Inc., based in Menlo Park, California, and Instagram, LLC. It has come
to our attention that you are selling Instagram Followers and Likes through your websites
SocialEnvy.co and IGFamous.net. Your activities violate Instagram’s terms of service.
Instagram demands that these activities stop immediately.
Instagram takes the protection of the user experience very seriously, and is committed to keeping
its site safe for users to interact and share information. It has developed terms of service to
protect users and facilitate these goals.
Instagram’s terms of service prohibit, among other things:


Misleading Instagram users;



Creating false or duplicate profiles;



Collecting user credentials;

138491708.1

EXHIBIT 15
PAGE 49

February 20, 2018
Page 2


Automating interactions between profiles that have no prior relationship;



Using Instagram’s trademarks, logos, or any confusingly similar marks, including uses of
“Instagram,” “IG,” “INSTA” and “GRAM,” except as expressly permitted by Instagram
or with Instagram’s prior written permission; and



Facilitating or encouraging others to violate Instagram’s terms of service.

See Instagram Terms of Use, http://instagram.com/about/legal/terms/, and Instagram API Terms
of Use, http://instagram.com/about/legal/terms/api/.
In addition to breaching the terms of service, and interfering with Instagram’s business
expectations and interests, your activities may violate state and federal laws. See Computer
Fraud and Abuse Act, 18 U.S.C. § 1030; California Comprehensive Computer Data Access and
Fraud Act, Cal. Penal Code § 502(c); and Lanham Act, 15 U.S.C. §§ 1114, 1125(a), & 1125(c).
Facebook and Instagram have taken technical steps to deactivate your Facebook and Instagram
accounts, and your limited license to access or use the Facebook and Instagram websites and/or
services has been revoked. This means that you, your agents, your employees and/or anyone
acting on your behalf (collectively “You” or “Your”) may not access the Facebook or
Instagram websites, use the Facebook or Instagram APIs, or use any of the services offered
by Facebook or Instagram for any reason whatsoever. Facebook and Instagram will treat
further activity by You on their websites or services as unauthorized access to their protected
computer networks.
Please respond to me in writing WITHIN 48 HOURS confirming that You:


Have preserved and will continue to preserve in the future all information related to Your
offering of Instagram services;



Have stopped and will not in the future offer, transfer, market, sell or offer to sell any
services related to Facebook and Instagram;

Have shut down all websites You operate that are used to offer Instagram services, and
have removed all advertisements or postings on external websites advertising or
describing Your Instagram services;





Have removed all references to Facebook and Instagram from any and all websites that
You own or have the ability to control;

138491708.1

EXHIBIT 15
PAGE 50

February 20, 2018
Page 3


Will transfer to Facebook any domain you own containing “Facebook,” “FB,”
“Instagram,” “IG;” “Insta” or “Gram,” including but not limited to your domain
IGFamous.net;



Have stopped and will not in the future access Facebook’s or Instagram’s websites and/or
services for any reason whatsoever; and



Will account for and disgorge any and all revenue earned from Your unauthorized
activities related to Instagram.

Along with your response, we demand that you provide:


A complete list of any and all Facebook and Instagram accounts You have created,
developed, maintained, or controlled;



A complete list of domain names that You own, maintain, or control, along with all
domain names that you have previously used to offer Facebook or Instagram services;



A copy of each and every version of any software code You have developed or used to
interact with the Instagram website;



A complete accounting of each and every customer who received your Instagram
services, including an accounting of all compensation or revenue received by You, and
the URLs for each profile and/or Page for which You rendered those services; and



A complete description of the methods you use to acquire Instagram Followers and Likes.

If you ignore this letter or continue your improper conduct, Facebook and Instagram will take
necessary measures to enforce their rights, maintain the quality of their websites, and protect
their users.
This letter is not intended by us, and should not be construed by you, as a relinquishment or
waiver of any of Facebook’s or Instagram’s rights or remedies. Facebook and Instagram
specifically reserve all such rights and remedies whether at law or in equity.
Sincerely,

Catherine M. del Fierro
CMD:cmd

138491708.1

EXHIBIT 15
PAGE 51

EXHIBIT 16
EXHIBIT 16
PAGE 52

December 18, 2018

Catherine M. del Fierro
[e-mail]
D. +1.206.359.3507

VIA EMAIL
Arend Alexander Hubert Nollen
9 Mccarthy Grove, Clouston Park
Upper Hutt, 5018, New Zealand
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
Leon Francis Hedges
34 Mount Marua Way, Mount Marua
Upper Hutt, 5018, New Zealand
[e-mail]
[e-mail]

Re:

Cease and Desist Abuse of Instagram

Dear Messrs. Nollen and Hedges:
As you know, we represent Facebook, Inc., based in Menlo Park, California, and
Instagram, LLC (collectively “Facebook”). We first contacted you on February 20, 2018
demanding that you stop selling Instagram Followers and Likes through your websites
SocialEnvy.co and IGFamous.net. Facebook is aware that you have continued your
improper activities through your current websites including but not limited to,
LikeSocial.co, Social10x.com, smseries.co.nz, and SocialSteeze.net, where you continue
to sell services that automate actions on Instagram including, followers, likes, and views.
This violates Instagram’s terms of service. It appears that your service may also store or

142446008.1

EXHIBIT 16
PAGE 53

December 18, 2018
Page 2

cache Instagram login credentials for users, which is also a clear violation of Instagram’s
Terms.
Facebook demands that you stop this activity immediately.
Facebook takes the protection of the user experience very seriously, and it is committed
to keeping its websites safe for users to interact and share information. Instagram has
developed its terms of service to protect the user experience and to facilitate these goals.
Instagram’s terms of service prohibit, among other things:


Misleading Instagram Users. Your services automate various user activities,
creating the false impression that accounts created or the actions taken from those
accounts belong to real persons. Similarly, the fake “likes,” and related actions
your software provides to photos and posts attempt to give the false impression of
genuine interest in content.



Automating user actions. Your service automates the process of following, liking,
and viewing user content, taking multiple actions at once and without express user
consent. Moreover, Instagram’s terms permit applications to post to Instagram
only to manage business communications with people who have expressed interest
in them, and not for other purposes. Instagram’s terms prohibit companies from
offering services to users that allow the user to take more than one action on
Instagram at a time.



Accessing Facebook or Instagram through automated means. Your service
automates a variety of actions on Instagram. You may not access Facebook or
Instagram through automated means without Facebook’s and Instagram’s prior
permission.



Facilitating or encouraging others to violate Facebook’s or Instagram’s terms.
Your software cannot be used on Instagram without violating its terms. By selling
or licensing the software to others, you are facilitating the violations of
Instagram’s terms as described above.

See Instagram Terms of Service, http://instagram.com/about/legal/terms/; and Instagram
API Terms of Service, http://instagram.com/about/legal/terms/api/.
In addition to breaching the terms of service and interfering with Facebook’s business
expectations and interests, your activities may violate other federal and state laws. See
142446008.1

EXHIBIT 16
PAGE 54

December 18, 2018
Page 3

Computer Fraud and Abuse Act, 18 U.S.C. § 1030 and the California Comprehensive
Computer Data Access and Fraud Act, Cal. Penal Code § 502(c).
Facebook has taken technical steps to deactivate your Facebook and Instagram accounts,
and hereby revokes your limited licenses to access Facebook and Instagram. This means
that you, your agents, employees, affiliates, or anyone acting on your behalf (“You”
or “Your”) may not access the Facebook or Instagram websites, Platforms, or
networks for any reason whatsoever. Facebook will treat any further activity by You
on its websites, Platforms, services or networks as intentional and unauthorized access to
its protected computer networks.
Please respond to me WITHIN 48 hours confirming that You:


Have stopped and will not in the future access the Facebook and Instagram
websites and/or use Facebook’s and Instagram’s services for any reason
whatsoever;



Have preserved and will continue to preserve in the future all information related
to Your offering and/or sale of Facebook and Instagram services;



Have stopped and will not in the future offer, transfer, market, sell or offer to sell
any services related to Facebook and Instagram;



Have shut down all websites You operate that are used to sell Facebook or
Instagram services, and have removed all advertisements or postings on external
websites advertising or describing Your Facebook or Instagram services;



Will transfer all domains that include the terms “Insta,” “Gram” or similar
domains related to Instagram to Facebook;



Have removed all references to Facebook and Instagram from any and all websites
that You own or have the ability to control; and



Will account for and disgorge any and all revenue earned from Your unauthorized
activities related to Facebook and Instagram.

Along with Your responses, You must provide the following information:


A complete list of any and all Facebook and Instagram accounts You have created,
developed, maintained, or controlled;

142446008.1

EXHIBIT 16
PAGE 55

December 18, 2018
Page 4


A complete list of domain names that You own, maintain, or control presently,
along with all domain names that you have previously used to offer Facebook or
Instagram services;



A detailed description of the methods used to automate Instagram functionality
and provide Instagram-related services;



A complete accounting of each and every customer who purchased your Facebook
or Instagram services, including an accounting of all compensation or revenue
received by You, and the URLs for each profile and/or Page for which You
rendered those services; and



A copy of each and every version of any software code You have developed or
used to interact with the Facebook and Instagram websites and/or services.

If you ignore this letter and continue your current improper conduct, Facebook will take
whatever measures it believes are necessary to enforce its rights, maintain the quality of
its websites, and protect users’ information and privacy.
This letter is not intended by us, and should not be construed by you, as a waiver or
relinquishment of any of Facebook’s rights or remedies in this matter. Facebook
specifically reserves all such rights and remedies whether at law or in equity, under
applicable domestic and foreign laws.
Sincerely,
Catherine M. del Fierro

142446008.1

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