In Re FACEBOOK INTERNET TRACKING LITIGATION

Filing 157

THIRD AMENDED COMPLAINT (Public Version) against All Defendants. Filed by Brian K. Lentz, Perrin Aikens Davis, Matthew J. Vickery, Cynthia D. Quinn. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U (redacted), #22 Exhibit V (redacted), #23 Exhibit W (redacted), #24 Exhibit X (redacted), #25 Exhibit Y (redacted), #26 Exhibit Z (redacted), #27 Exhibit AA (redacted), #28 Exhibit BB (redacted), #29 Exhibit CC (redacted), #30 Exhibit DD (redacted), #31 Exhibit EE, #32 Exhibit FF (redacted), #33 Exhibit GG (redacted), #34 Exhibit HH (redacted), #35 Exhibit II (redacted), #36 Exhibit JJ, #37 Exhibit KK, #38 Exhibit LL (redacted), #39 Exhibit MM, #40 Exhibit NN, #41 Exhibit OO, #42 Exhibit PP)(Straite, David) (Filed on 8/25/2017) Modified on 8/25/2017 (cv, COURT STAFF).

Exhibit A

This agreement was written in English (US). Please note that Section 16 contains certain changes to the general terms for users outside the
United States.
llate of Last Kev1sion 1\pril 22, 2010

Statement of Rights and Responsibilities
This Statement of Rights and Responsibilities ("Statement'') derives from the Face book Prine pies, and governs ow relationship with users and
others who interact with Facebook. By using or accessing Face book, you agree to this Statement.

1. Privacy
Your privacy is very important to us. We desiqned our Pr•vacy Policv to make important disclosures about how you can use Facebook to
share with others and how we collect and can use your content and information. We encourage you to read the Privacy Policy, and to
use it to help make informed decisions.
2. Sharing Your Content and Information
You own all of the content and information you post on Facebook, and you can control how it is shared through your privacy and
application settings. In addition:
1. ror content that is covered by intellectual property
like photos and videos ("IP content"). you specifically give us the
following permission, subject to your
and
you grant us a non-exclusive, transferable, sublicensable, royalty-free, worldwide license
use any IP content
you post on or in connection with Facebook ("IP License").
This IP License ends when you delete your IP content or your account unless your content has been shared with others, and
they have not deleted it.
2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you
understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to
othFrs).
3. When you use an application, your content and information is shared with the application. We require applications to respect
your privacy, and your agreement with that application will control how the application can
store, and transfer that
content and information. (To learn more about Platform, read our Privacy Policy and About
page.)
4. When you publish content or information using the 'everyone" setting, it means that you are 3.llowlng everyone, including
people off of Face book, to access and use that information. and to associate it with you (i.e., your name and profile picture).
5. We always appreciate your feedback or other suggestions about Facebook, but you understand that we may use them without
any obligation to compensate you for them (just as you have no obligation to offer them).

3. Safety
We do our best to keep Face book safe, but we cannot guarantee it. We need your help to do that, which includes the following
commitments:
1. You wltl not send or otherwise post unauthorized commercial communications (such as spam) on Facebook.
2. You will not collect users' content or information, or otherwise access Facebook, using automated means (such as harvesting
bats, robots, spiders, or scrapers) without our permission.
3. You will not engage in unlawful multi-level marketing. such as a pyramid scheme, on Facebook.
4. You will not upload viruses or other malicious code.
5. You wltl not solicit login information or access an account belonging to someone else.
6. You will not bully, intimidate, or harass any user.
7. You will not post content that: is hateful, threatening, or pornoqraphic; incites violence; or contains nudity or graphic or
gratuitous violence.
8. You will not develop or operate a third-party application containing alcohol-related or other mature content (including
advertisements) without appropriate age-based restnctions.
9. You will not offer any contPst, givt>away, or SWPf'rstakes ("rromotion") on Facebook without our prior written consent. If WP
consent, you take full responsibility for the promotion, and will follow our rromotions Cuidelines and all applicable laws.
10. You will not use Facebook to do anything unlawful. misleading. malicious, or discriminatory.
11. You will not do anything that could disable, overburden, or impair the proper working of Face book, such as a denial of service
attack.
1.2. You will not facilitatP or PnrouragP any violations ofthis Statement.
4. Registration and Account Security
Face book users provide their real names and information. and we need your help to keep it that way. Here are some commitments you
make to us relating to registering and mamtaining the security of your account:
1. You will not provide any false personal information on Face book, or create an acc.ount for anyone other than yourself without
permission.
2. You wltl not create more than one personal prof1le.
3. If we disable your account. you will not create another one without our permission.
4. You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).
5. You will not use Face book if you are under 13.
6. You will not use Facebook if you are a convicted sex offender.
7. You wltl keep your contact mformation accurate and up-to-date.
8. You will not share your password, (or in the case of developers, your seuet key), let anyone else access your account, 01 do
anything else that miqht jeopardize the security of your account.
9. You will not transfer your account (including any page or application you administer) to anyone without first getting our
written permission.
10. If you select a username for your account we reserve the right to remove or reclaim 1t if we believe appropnate (such as when
a tradPrnark owner complains about a usPrnarnP that does not closely rPiatP to a user\ actual narnP).

5. Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
1. You will not post content or take any action on Face book that infringes or violates someone else's rights or otherwise violates
thP lavv.
2. We can remove any content or information you post on Face book if vve believe that it violates this Statement.
3. We will
with toots to help you
your intellectual property rights. To learn more, visit our How to
Claims
page.
4. If we remove your content for
someone else's copyright, and you believe we removed it by m1stake, we will provide
you with an
5. If you
infringe
people's intellectual property rights, we will disable your account when appropriate.
6. You will not use our copyrights or trademarks (including Facebook, the Facebook and F Logos, FB, Face, Poke, Wall and
32665), or any confusingly similar marks, without our written permission.
/. If you collect information from users, you wilt: obtain their consent, make it clear you (and not ~acebook) are the one
collecting their information, and post a privacy policy explaining what information you collect and how you will use it
8. You will not post anyone's identification documents or sensitive financial information on Facebook.

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9. You will not tag users or send email invitations to non-users without their consent.
6. Mobile
1. We currently provide our mob1le services for free, but please be aware that your carrier's normal rates and fees, such as text
messaging fees, vvill still <-1pply.
2. In the event you chanqc or deactivate your mobile telephone number, you will update your account information on Facebook
within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
3. You provide all rights necessary to enable users to sync (including through an application) their contact lists with any basic
information and contact information that is visible to them on race book, as well as your name and profile picture.

7. Payments
If you make a payment on Facebook or use Face book Credits, you agree to our Payments Terms.
8. Special Provisions Applicable to Share Links
If you include our Share Link button on your website, the following additional terms apply to you
1. We give you permission to use Facebook's Share Link button so that users can post links or content from your website on
Facebook.
2. You give us permission to use and allow others to use such links and content on Facebook.
3. You will not place a Share Link button on any page containing content that would violate this Statement 1f posted on
Face book.

9. Special Provisions Applicable to Developers/Operators of Applications and Websites
If you are a developer or operator of a Platform application or website, the following additional terms apply to you:
1. You are responsible for your application and its content and all uses you make of Platform. This includes ensuring your
application or use of Platform meets our
and Policies and our Advertisirg CuideliPes.
2. Your access to and use of data you receive from
will be limited as follows:
1. You will only request data you need to operate your application.
2. You will have a privacy policy that tPIIs usPrs what u.;;,er data. you are going tn USf' and how you will use, displa.y, sharP,
or transfer that data.
3. You will not use, display, share, or transfer a user's data in a manner inconsistent with your privacy policy.
4. You will delete all data you receive from us concerning a user if the user asks you to do so, and will provide a
mechanism for users to make such a request.
5. You will not include data you rPtPive from us concerning a usf'r in any advertising creativf'.
6. You will not directly or indirectly transfer any data you receive from us to (or usc such data in connection with) any ad
network, ad exchange, data broker, or other advertising related toolset, even if a user consents to that transfer or use.
7. We can limit your access to data.
and Policies.
8. You will comply with all other restrictions contained in our Deve·oper
1. You will not give us information that you inderlf'ndPntly coliPct from a usPr or a
ronter.t without that usPr's consPnt.
4. You will make it easy for users to remove or disconnect from your application.
5. You will make it easy for users to contact you. We can also share your email address with users and others claiming that you
have infringed or otherwise violated their rights
6. You will provide customer support for your application.
7. You will not show third party ads or web search boxes on Face book.
8. We give you all rights necessary to use the code, APis, data, and tools you receive from us.
9. You will not sell, transfer, or sublicense our code, .A.Pis, or tools to anyone.
10. You will not mis1·epresent your relationship with Face book to others.
11. You may use the logos we make available to developers or issue a press release or other public statement so long as you
follow our
Principles and Policies.
12. We can issue a press release describing our relationship with you.
13. You will comply with all applicable laws. In particular you will (rfapplicablel:
1. have a. policy for removing infringing content and terminating repeat infringers that cornplies with the Digital
Millennium Copyriqht Act.
2. comply with the Video Privacy Protection Act ("VPPA"), and obtain any opt-in consent necessary from users so that user
data subject to the VPPA may be shared on Face book. You represent that any disclosure to us will not be incidental to
the ordinary course of your business.
14. We do not guarantee that Platform will always be free.
15. You qive us all riqhts necessary to enable your application to work vvith Face book, including the riqht to incorporate content
and information you provide to us into streams, profiles, and user action stories.
16. You give us the right to link to or fl-ame you1· application, and place content. including ads, around your application.
17. We can analyze your application, content, and data for any purpose, including commercial (such as for targeting the delivery of
advPrtisf'mPnts and indexing content for Sf'arrh)
18. To ensure your application is safe for users, we can audit it.
19. We can create applications that offer similar features and services to, or otherwise compete with, your application.
10. About Advertisements on Facebook
Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. In order to do that, you agree to the
following:
1. You can use your privacy settings to limit how your name and profile picture may be associated with commercial or sponsored
content served by us. You give us permission to use your name and profile picture in connection with that content, subject to
the limits you place.
2. We do not give your content or information to advertisers without your consent.
3. You understand that we may not always identify paid services and communications as such.

11. Special Provisions Applicable to Advertisers
You can target your specitic audience by buying ads on Facebook or our publisher network. The following additional terms apply to
you if you place an order through our online advertising portal ("Order")
1. When you place an Order, you will tell us the type of advertising you want to buy, the amount you want to spend, and your bid.
If we accept your Order, we will deliver your ads as
becomes available.
2. You will pay far your Orders in accordance with our
Terms. The amount you owe will be calculated based on our
tracking mechanisms.
3. Your ads will comply with our
4. We will determine the size, placement,
positioning of your ads.
5. We do not guarantee the activity that your ads will receive, such as the number of clicks you Will get.
6. WP cannot rontrol how people inte-ra.tt with your ads, and arP not rPsponsibiP for click fr<-Jud or other improper actions that
affect the cost of running ads. We do, however, have systems to detect and filter certain suspicious activity, learn more ~ere.
7. You can cancel your Order at any time through our online portal, but it may take up to 24 hours before the ad stops running.
You are responsible for paying for those ads.
8. Our license to run your ad will end when we have completed your Order. You understand, however, that 1f users have
interacted with your ad, yout ad may rernain until the users delete it.
9. We can usc your ads and related content and information for marketing or promotional purposes.
10. You will not issue any press release or make public statements about your relationship with Face book without wntten
permission.
11. We may reject or remove any ad for any reason.
If you are placing ads on someone else's behalf, we need to make sure you have permission to place those ads, including the
following:

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12. You warrant that you have the legal authority to bind the advertiser to this Statement.
13. You agree that if the advertiser you represent violates this Statement, we may hold you responsible for that violation.
12. Special Provisions Applicable to Pages
If you create or administer a P<-Jgf' on Fan' book, you agree- to our Pr~_gp<, TPt rns

13. Amendments
1. We can change this Statement if we provide you notice (by posting the change on the Faceoook Si:e Governance
and an
opportunity to comment To get notice of any future changes to this Statement, visit our facebook Site GoverPance
and
become a fan.
2. For changes to sections 7, 8, 9, and 11 (sections relating to payments, application developers, website operator~, and
notice. For all other changes we will give you a minimum of seven days
advertisers), we will give you a minimum of three
notice. All such comments must be made on the
Site Governance Page.
3. If more than 7.000 users comment on the proposed change, we will also give you the opportunity to pMticipate in a vote in
which you will be provided alternatives. rhe vote shall be binding on us if more than 30% of all active registered users as of
the date of the notice vote.
4. We can make changes for legal or administrative reasons, or to correct an inaccurate statement, upon notice without
opportunity to comment.
14. Termination
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all
or part of racebook to you. We will notify you by email or at the next time you attempt to access your account. You may also delete
your account or disable your application at any time. In all such cases, th1s Statement shall terminate, but the following provisions will
still apply: 2.2, 2.4. 3-5, 8.2, 9.1-9.3, 9.9, 9.10, 9.13, 9.15, 9.18, 10.3, 11.2, 11.5, 11.6, 11.9, 11.12, 11.13, and 14-18.

15. Disputes
1. You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Statement or
Face book exclusively in a state or federal court located in Santa Clara County. The laws of the State of California will govern
this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You
agref' to submit to thP pf'rsonaljurisdiction of the courts locate-d in Santa Cla.ra County, California. for the pwpose of litigating
all such claims.
2. If anyone brings a claim against us related to your actions, content or information on Facebook, you will indemnify and hold
us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs)
related to such claim.
o. WE TRY TO I<EFP FACFROOI< LIP, RUG-FRFF, AND SAFF, RUT YOU USE IT AT YOUR OWN RISK. WE ARF PROVIDING FACE ROOK "AS
IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT
FACEBOOK WILL BE SAFE OR SECURE. FACEBOOK IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA
Of I HIW PAP-lieS, ANIJ YOU RELEASe US, OUP- DIRECTORS, OffiCERS, eMPLOYeES, ANIJ AGEN IS fP-OM ANY CLAIMS ANIJ
DAMAGFS, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY ClAIM YOU HAVF AGAINST ANY
SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT. YOU WAIVE CALIFORNIA CIVIL CODE §1542. WHICH SAYS: "A
GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT I< NOW 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
WI rH -1 He IJeB I OR." WE WILL NOT Be LIABLE 10 YOU f'OR ANY LOS r PP-Orl IS OP- OTHeR CONSeQUEN 111\L, SPECIAL, INDIReCT,
OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR FACEBOOK, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR FACEBOOI<
WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS (5100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE
MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, FACEBOOK'S
LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

16. Special Provisions Applicable to Users Outside the United States
We strive to create a global community with consistent standards fm everyone, but we also strive to respect local laws. The following
provisions apply to users outside the United States:
1. You consent to having your personal data transferred to and processed in the United States.
2. If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially
Designated Nationals you will not engage 111 commercial activities on Facebook (such as advertising or payments) or operate a
Platform application or website.
3. Certain specific terms that apply only for German users are available here.
17. Definitions
1. By "Facebook" we mean the features and services we make available, including through (a) our website at wwvv.facebool(,com
and any other Facebook branded or co-branded websites (including sub-domains, mternational versions, widgets, and mobile
vero;ions); (b) our Platform <-Jnd (r) othPr rnf'dia, softvva.rP (surh as a toolbar), df'vices, or nf'twork<> now Pxisting or latf'r

developed.
2. By "us," "we" and "our" we mean Face book. Inc., or if you are outside of the United States, Face book Ireland Limited.
3. By "Platform" we mean a set of APis and services that enable others, including application developers and website operators, to
retrieve data from race book or provide data to us.
4. By "information" we mean facts and other information about you, including actions you take.
5. By "content" we mean anything you post on Facebook that would not be included in the definition of"information."
6. By "data" we mean content and information that third parties can retrieve from Face book or provide to Facebook through
Platform.
7. By "post" we mean post on Facebook or otherwise make available to us (such as by using an application).
8. By "use" we mean u~e. copy, publidy perform ot display, distribute, modify, translate, and create derivative works of
9. By "active registered user" we mean a user who has logged into Face book at least once in the previous 30 days.
10. By "application" we mean any application or website that uses or accesses Platform, as well as anything else that rece1ves data
from us.

18. Other
1. This Statement makes up the entire agreement between the parties regarding Face book, and supersedes any prior
agreements.
2. If any portion of this Statement 1s found to be unenforceable. the remammg portion will remain in full force and effect.
3. If we fail to enforce any of this Statement. it will not be considered a waiver.
4. Any amendment to or waiver of this Statement must be made in writing and signed by us.
5. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
6. All of our rights and obligations under this Statement a1·e freely assignable by us in connection with a merger, acquisition, or
sale of assets, or by operation of law or otherwise.
7. Nothing in this Statf'rnt>nt <>h<-111 prevPnt us frorn complying with thP law.
8. This Statement docs not confer any third party beneficiary rights.

You may also want to review the following documents:

Privacy Policy The Privacy Policy is designed to help you understand how we collef.t and use information.
Payment Terlls: These additional terms apply to all payments made on or through Face book.
About Platform: This page helps you better understand what happens when you add a third-party application or use Face book Connect,
including how
may access and use your data.
and Policies: These gUidelines outline the policies that apply to applications, including Connect sites.
Cuicleli:1Es: These guidelines outline the policies that apply to advertisements placed on Face book.
Promotions Guideli1es: These guidelines outline the policies that apply if you have obtained written pre-approval from us to offer contests,

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sweepstakes, and other types of promotions on Facebook.
I low to Report Claims of Intellectual Property Infringement
How to Appeal Claims of Copvr1ght Infringement
PagP<; Tt>rm.,

To access the Statement of Rights and Responsibilities in several different languages, please use the following links:
1-rench translation (1-ranc;:ais)
Italian translation (Italiano;

German translation (Deutsch)
Spanish translation (Espafiol)
Face book© 2010- English (US)

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