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 D

Facebook helps you connect and share with the people in your life.

This agreement was written in English (US). To the extent any translated version of t1is agreement confiicts with the English
version; the l:nglish version controls, Please note that Section 16 contains certain changes to the general terms for users
outside the United States.
Date of Last Revision: /\pril 26, 2011.

Statement of Rights and Responsibilities

This Statement of Rights and Responsibilities (Statement) derives from the Facebook Principles, and governs our relationship
with users and others who interact with lacebook. [)y using or accessing Facebook, you agree to this Statemelt.

1. Privacy
Your wivacy is very impo1tant to us. We designed our Privacy Policy to make important disclosures about how you

can use Facebook to share with others a1d how we collect and can use your content and information. We encourage
you to read the Privacy Policy, ond 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
orivacy and application settilgs. In addition:
1. For content thot is covered by intellectual property rights, like photos and videos (IP content), you specifically
give us the following pPrmission, subject tn your privacy and appliratinn settings: you grant us a nonexclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on
or in connection witC, lacebook (IP License). This IP License ends when you delete your IP co-Jtent 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 similor to emptying the recycle bin on "computer.
However, you understand that removed content may persist in backup copies for a reasonable period of time
(but will not be available to others).
3. When you use an application, your content a·1d information is shared wit11 the applicatio·1. We require

applications to respect your privacy, and your agreement with that a?plication will control how the application
can use, store, and tra1sfer that content and information. (To leorn more about Platform, reod our Privacy
Policy and Platform Page.)
1. When you publish content or information using tho Public setting, it means that you arc allowing everyone,
including people off of Facebonk, to access and use that information, and tn 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 Wit'lout any obligation to COm?ensate you for them Uust as you have no obligation to offer them).

3. Safety
We do our best to keep Facebook safe, but we cannot guarantee it. We need your help to do that, which includes the
following commitments:
1. You will not send or otherwise post ur1aulhorized cornmercidl

communicatio:-~s

(such as spam) on Facebook.

2. You will not collect users' content or information/ or ot1erwise access racebook 1 using automated means
(such as harvesting bots, robots 1 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 will 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 pornographic; incites violence; or r:nntains 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 restrictions.
9. You will follow our Promotions Guidelines and oil applico~le laws if you publicize or offer ony contest,

giveaway, or sweepstakes ('promotion") on Facebook.
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 pro?er working of facebook, such as a
denial of service attack.
12. You will not facilitate or encourage any violations of this Stateme1t.

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4, Registration and Account Security
Facebook users provide their reol names ond information, and we need your help to keep it that way. Here are some

commitments you make to us reldting to registering and maintaining Lhe security of your account:

1. You will not provide uny false personal informutio1 on 1-accbook, or crcutc un uccount for unyonc other than
yourself without pennissio11.
2. You will not create more than one personal profile.
3. lf we disable your account, you will not create another one without our permission.

4. You will not use your personal profile for your ow1 commercial gain (such as selling your status update to em
advertiser).
"i. You will not use Far.ebonk if you arP under 11.
6. You will not use Facebook if you are a convicted sex offender.
7. You will kee;o your contact information accurate and up-to-date.
8. You will not share your password, (or in the case of developers, your secret key), let anyone else access your
account, or do anything else that might jeopordize the security of your occount.
9. You will not transfer your account (induding any page or application you administer) to anyone without first

getting our written permission.

10. lf you select a username for your account we reserve the right to remove or reclaim it if we believe
appropriate (such as when a trademark owner com;Jiains a~out a username that does not closely relate to a
user's octuol name).

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 Facebook that i1fringes or violates someone else's rights or
otherwise violates the law.
7' We ca·1 rPmove any cDntent or information you post on Farebnnk if we believe that it violates this StaternPnt
3. We will provide you with tools to help you protect your intellectual property rights. To learn more, visit our

I low
Repo1: Claims of Intellectual Property Irfringetr'en: page.
4. lf we remove your content for infringing someone else's copyright, and you believe we removed it by mistake,
we will provide you with an opportunity to oppeal.

5. If you repeatedly

infri:-~ge

other people's intellectual property rights, we will dbable your account when

appropriate.

6. You will not use our copyrights or trademarks (hcluding facebook, the lacebook and I Logos 1 f!:\ race, Poke,
Wall a1d 32665), or any confusingly similar marks, without our written permission.

7. lf you collect information from users, you will: obtain their consent, make it clear you (and not Facebook) are
the o1e collecting their information, and ;JOSt 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.
9. You will not tag users or send email invitations to no1-users without their co1sent.

6. Mobile
1. We currently provide our mobile services for free, but please be aware that your carrier's normal rates a1d
fees, such as text messaging fees, will still apply.

2. ln the event you change or deactivate your mobile telep'lone number, you will update your account
information on Facebook within 48 hours to ensure that your 11essages are 1ot 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 a'lY basic information and contact information that is visible to them on Facebook, as well as your name
and profile picture.

7. Payments an<l Deals

1. lf you make a payment on Face book or use Face book Credits, you agree to our Paytr',ents
2. lf purchase a Deal, you agree to our Deals Terms.
3. lf you provide a Deal or partner with us to provide a Deal, you agree to the r~erchant Deal

in addition

to any other agreements you may hove with us.

8. Special Provisions Applicable to Share links
If you include our Shore Link button on your website, the following additionol terms opply to you:
1. We give you permission to use Facebook's Share Link button so that users can po~t link~ or content from your
webs1te on 1-accbook.
2. You give us pem1ission 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 if
posted on Facebook.

9. Special Provisions Applicable to Developers/Operators of Applications and Websites

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If you are a developer 01- operator of a Platfonn application or website 1 the following additional terms apply to you:

1. You are responsible for your aoplication aod its content and all uses you make of Platform. This includes
ensuring your application or use of Platform meets our [i]cebookJ?Iatform Pollet§_ and our Mvertishg
Guidelines.

2. Your access to and usc of data you receive from raccbook, 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 tells users what user data you are going to use aod how you will
use, display, share, or transfer that data and you will include your privacy policy URL in the Developer
App!lcaUor1.

3. You will not usc, display/ shurc, or trunster u user's datu in u manner inconsistent with your privucy
policy.
4. You will delete all data you receive from us concerning a user if the user asks you to do sc, and will
provide a mechanism for users to make such a request.
5. You will not include data you receive from us concerning a user in any advertising creative.
6. You will not directly or indirectly trunsfer ony doto you receive from us to (or use such dota 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. You will not sell user data. If you are acquired by or merge with a third party, you can continue to
use user data wit'lin your application, but you cannot transfer user data outside of your application.
8. We can require you to delete user dota if you use it in o woy thot we determine is inconsistent with
users' expectations.
9. We can limit your access to data.

10. You will comply with all other restrictions crmtained i11 our
3. You will not give us information that you
user's consent.

inde~endently

Platforn:

Pnlir.ie~.

collect from a user or a user's content without that

4. You will make it easy for users to remove or disconnect from your application.
5. You will make it easy tor users to contact you. We can olso share your email address with users ood others
dai:ning 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 laceCJook.
8. We give you all rights necessary to use the code, AP!s, data, and tools you receive from us.
9. You will not sell, transfer, or sublicense our code, AP!s, or tools to anyone.
10. You will not misrepresent your relationship with Facebook to other~.

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 laceCook Platform Policies.
12. We cao issue a press release describing our relationship with you.
13. You will comply with all applicable laws. In particular you will (if applicable):
1. have a policy for removing infringing content and terminating repeat infringers that
Digital Millennium Copyright ,~ct.

com~lies

with the

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 Facebook. You represent that any
disclosure to us will not be iocidental to the ordinary course of your business.
14. We do not guarantee that Platform will always be free.
15. You give us oil rights necessary to enoble your application to work with Faccbook, including the right to
incorporate content and information you provide to us into streams, profile~, and user action stories.

16. You give us the right to link to or frame your application, and

~lace

content. including ads, around your

application.
17. We cao analyze your application, content, and data for any purpose, iocluding commercial (such as for
torgeting the delivery of advertisements ood indexing content for search).
18. To ensure your application is safe for users, we can audit it.

19. We ca1 create applications that offer similar features and services to 1 or otherwise compete with, your
application.

10. About Advertisements and Other Commercial Content Served or Enhanced by Facebook
OUI- goal is to deliver ad'> that arP not only valuable to advertiser.s 1 hut also valuable to you. Tn order to do that1 you

agree to the following:
1. You can use your ~rivacy
to limit how your name and profile picture may be associated with
commercial, sponsored, or related content (such as a brand you like) served or enhanced by us. You give us
permission to usc your nome 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 conse1t.
3. You understand that we may not always identify paid sel-vices and communications as such.

11. Special Provisions Applicable to Advertisers
You can target your specific audience by buying ads on Facebook 01- 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 inventory becomes available. When
serving your ad, we do our best to deliver the ads to t1c audience you specify, although we cannot guarontec
in every instance that your ad will reach its intended target.

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2. In instances where we believe doing so will enhance the effectiveness of your advertising
bmaden the targeting criteria you specify.
3. You will pay for your Orders in accordance with our

Terms. The amount you owe will be calculated

bosed on our trucking mechenisms.
4. Your ads will comply with our Advertising Guidelines.
S. We will determine the size, placement, and positioning of your ads.
6. We do not guarantee the activity that your ads will receive, such as the nun1ber of clicks you will get.
7. We ca1not control how people interact with your ads, and are not responsible for click fraud or other improper
actions that affect the cost of running ads. We do, however, have systems to detect and filter certain
suspicious activily, learn more here.
8. You cun cancel your Order at any time through our o1linc portal, but it may take up to 21 hours before tho
ad stnr1s running. You are resnnnsible for paying for thosP ado;;,.
9. Our license to run your ad will end when we have completed your Order. You understand, however, that if
users have interacted with your ad, your ad may remain until the users delete it.
10. We ca1 use your ads and related content and information for marketing or promotional purposes.

11. You will not issue any press releose or 11oke public stotements about your relationship with Faceoook without
written permission.

12. We may reject or remove a1y ad for any reason.
13. 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:
1. You warrant that you have the legol authority to bind the advertiser to this Statement.

2. You agree that if the advertiser you represent violates this Statement, vve may hold you

re~pon~ible

for that violation.

12. Spedall'rovisions Applicable to Pages
lf you crcutc or administer a Page on raccbook, you agree to our Pages I arms.

13, Amendments
1. We ca1 change this Statement if we provide you notice (by posting the change on the Face book
Guverndnce Page) and dn opportunity to comment. To get notice uf any future changes to tnis Statement,
visit our r-:acebook Site Governance Poqe and become a fan.

2. for changes to sections 7, 8 1 9, and 11 (sections relating to payments, application developers, website
operators, and advertisers), we will give you a minimum of three days notice. For all other changes we will
give you a minimum of seven days notice. All suc'l comments must be made on the Facebook Site

Page.
3. Jf more than /,000 users comment on the proposed change, we will also give you the op;oortunity to
participate in a vote in which you will be ;xovided alternatives. The 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 ca1 make cha1ges 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 Focebook to you. We will notify you by email or at the next time you attempt to access
your account. Yuu may also delete your account or disable your applicdtion dt any time. In all such cases 1 this
Statement shall terminate, but the followinq provisions will still a~ply: 2.2, 2.4, 3-S, B.2, 9.1-9.3, 9.9, 9.10, 9.13, 9.1o,

9.18, 10.3, 11.2, 11.5, 11.G, 11.9, 11.12, 11.13, and 14-18.

15. Disputes
1. You will resolve any r:laim, c:ause of ac:tion or clis;Jute (daim) you have with us arising out of or relating to thi.:;
Statement or Facebook 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 agree to submit to the personal jurisdiction of the courts
located in Santa Claro County, Colifornia for the purpose of litigating all such claims.
7. lf anycme brings a claim again.:;t us related to your action'>1 crntPnt or information on Facebook, you will
indem1ify 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.
3. WE TRY TO KEEP FACEBOOK UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE
PROVIDING FACEBOOK AS IS WITHOUT ANY EXPRESS OR I~1PLIED WARRANTIES INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF
NON-1NI-RJNGI=~11=N

~1ERCHANTABIL!TY,

FITNESS FOR A PARTICULAR PURPOSE, AND

I. WE DO NUl GUARANII=E !HAl rACI::BOOK WILL Be SAri= OR ScCURI::. 1-ACI::tlOOK 15

NOT RESPONSIBLE FOR THE ACTIONS, ffiNTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU
RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND

DA~1AGES,

KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE
AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL
CODE !i1512, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR
OOfS NOT KNOW OR SIJSPfCT TO FXIST IN HIS FAVOR AT THf Tli~F OF fXF(:IJTING THF RFI fASF,

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WHICH IF KNOWN BY

Hir~

MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE

WE

WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECI.I\L, 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 DAr·1AGES, OUR AGGREGATE LIABILITY
ARISING OUT OF THIS

STI\TE~1ENT

OR FACEBOOK WILL NOT EXCEED THE GREATER OF ONE HUNDRED

DOLLARS ($100) OR !HI:: A~10UNT YOU HAVE: I'A!D US !N I He PAS I IWl::LVI:: ~10NIHS, AI'I'LlCAI3LI:: LAW
MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF llABILITY OR INCIDENTAL OR CONSEQUENTIAL
DAr~AGES, 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, Spedal Provisions Applicable to Users Outside the United States
We strive to create a global community with consistent standards for everyone, but we also strive to respect local
laws, The following provisions apply to users outside the United States:
1, You consent to heJVing your personal dato tronsferred to ond processed i1 the United Stotes,
2. lf you are located in a country embargoed by the United States1 or are on the U.S. Treasury Department's list

of Specially Designated Nationals you Will not engage in 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

1/, Definitions
L By Facebook we mean the features and services we make available, including through (a) our website at
www.facebcolcco:n and any other Facebook branded or co-branded websites (including sub-domains,
international versions, widgets, and mobile versions); (b) our Platform; (c) social plugins such as the like
button, the share button and other similar offerings and (d) other medio, softworc (such as a toolbar),
devir.Ps, or networks now existing or later developed.
2, By Platform we mean a set of AP!s and serv1ces that enable others, including application develoaers and

website operators, to retrieve data from facebook or ~rovide data to us,
3, By information we mean facts and other information about you, including actions you take.
4, By content we mean onything you post 01 Facebook that would not be included in the definitio1 of
information.

:J, 13y data we mean content a1d information that third parties can retrieve from racebook or provide to race book
through Platform.
6, By post we mea1 post on Facebook or otherwise make available to us (such as by using an application),
7, By use we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative
works of.
B. By active registered user we mea1 a user who has logged into !-acebook at least o1ce in the previous 30 days.
9. By application we mean any application or website that uses or accesses Platform, as well as anything else
that rece1ves or has received data from us, If you no longer access Platform but have not deleted all data
from us, the term application will apply until you delete the data,

18, Other
1, lf you are a resident of or have your principal place of business in the US or Canada, this Statement is an
agreement between you and Face:OOok, lnc. Otherwise, this Statement is an agreement between you and
Focebook Ireland Limited, References to "us," "we," and "our" mean either Facebook, Inc. or Facebook
Ireland Limited, as C!;Jpropriote.
2. I his Statement makes up the entire agreement between the parties regarding racebook, and supersedes a1y
p1-ior agreements.

3, lf any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force
and effect
4. lf we fail to enforce any of this Statement, it will not be considered a waiver.
5, Any amendment to or waiver of tnis Statement must be made in writing ond signed by us,
6. You will not transfer any of your riohts or obligations undPr this StatemPnt to anyonP Plse without our
co1sent.

7, All of our rights and obligations under this Statement are freely assignable by us in connection wit'l a merger,
acquisition, or sale of assets, or by operation of law or otherwise.
8, Nothing in this Stotement sholl prevent us from complying with the law,
9. This StatemPnt does not confer any third party bPneficiary rights.

10, You will comply with all applicable laws when using or accessing raceoook,

You may also want to review the following documents:
rrivacy rolicy: The rrivacy Policy is designed to help you understand how we collect and usc information,
Pi:!yrnent Temts: These additicmal terms apply to all payments made on or thmugh Farebook.

Platform Page: This page helps you better understand what happens when you add a third-party application or use
Facebook Connect1 including how they may access and use your data.

Facebook
These guidelines outline the policies that apply to applications, including Connect sites,
Advertising Guidelines: These guidelines outline the policies thot opply to advertisements plc:JCed on Fecebook,
Prurr:oU:.ms

These guidelines outline the policies that apply if you offer contests,
of promotions on Facebook,

~weepstakes,

and other types

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I low to Report Claims of Iltellectual Property Incringeo1ent
How
Appeal Claims of Copyrig1t :nfringement
Pages Terms
I o access the Statement of Rights and Responsibilities in several different languages, chanqe the language setting for your

Far.Phook -;pssion by clicking on the lang!JagP link in thP left cnmPr of most pages. If the StatPment is not available in the
language you select, we will default to the English version.

(US)

AbntJt AlvPrtls;ng

Pl"ivar.y Term<.>

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