Case 6:20-cv-00810-ADA Document 86 Filed 05/20/21 Page 1 of 51
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`
`
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`CIVIL ACTION NO. 6:20-CV-810-ADA
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`Plaintiff,
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` v.
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`10TALES, INC.,
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`
`
`
`
`TIKTOK INC., TIKTOK PTE. LTD.,
`BYTEDANCE LTD., and BYTEDANCE
`INC.
`
`
`
`
`Defendants.
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`DEFENDANTS’ NOTICE OF FILING
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`Defendants TikTok, Inc., TikTok Pte. Ltd., ByteDance Ltd., and ByteDance Inc.
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`(“Defendants”) hereby file this Notice of Filing certain documents. On May 6, 2021 this Court
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`held oral argument on Defendants’ Motion to Transfer Under 28 U.S.C. § 1404 (the “Hearing”).
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`ECF No. 77. At the Hearing, Defendants presented their argument with the assistance of
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`demonstrative presentation slides. Defendants hereby electronically file their demonstrative
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`presentation slides used at the hearing, a copy of which is included with this filing as Exhibit 1.
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`See Declaration of Ericka J. Schulz in Support of Defendants’ Notice of Filing (“Schulz Decl.”),
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`¶ 2, Ex. 1.
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`Defendants note that the demonstratives attached as Exhibit 1 include an additional
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`slide—slide 27—that was not in the demonstrative presentation slides provided to the Court prior
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`to the Hearing. Slide 27 was presented at the end of the Hearing in response to Counsel for
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`10Tales Inc. (“10Tales”), who argued that the signed 10Tales’ corporate documents and patent
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`assignment identified on slide 5 of Defendants’ Hearing demonstratives were “even at most, [ ] a
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`Case 6:20-cv-00810-ADA Document 86 Filed 05/20/21 Page 2 of 51
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`consideration about where 10Tales might have been five or six years ago, not where it actually
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`is today or has been for years.” ECF No. 80 at 45:17-20 (emphasis added). 10Tales’ counsel
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`also argued that identifying 10Tales’ principal office in these corporate filings were “not
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`necessarily in any way about public notice in that sense, or certainly not public notice to the level
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`of the exact address of a party.” Id. at 46:15-18. Slide 27 was provided in direct rebuttal to prove
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`the opposite is true. Slide 27 includes a screenshot of a portion of 10Tales’ End User License
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`Agreement depicting the exact address in Menlo Park, California, that is currently presented to
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`10Tales’ users when they download the 10Tales mobile application, and which they are required
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`to accept prior to using the 10Tales’ mobile application.
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`Exhibit 2 to this filing provides the entire End User License Agreement from Slide 27 of
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`Exhibit 1, through a series of mobile phone screen shots, captured on May 1, 2021. See Schulz
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`Decl., ¶ 3, Ex. 2. 10Tales failed to produce this End User License Agreement when TikTok
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`requested documents related to 10Tales’ office space in California.
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`Likewise, 10Tales failed to produce the 10Tales mobile applications’ Terms of Use and
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`Privacy Policy which similarly identify 10Tales’ Menlo Park address for how to contact 10Tales.
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`For example, Exhibits 3 to this filing contains screen shots of 10Tales’ current Terms of Use,
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`which identifies 68 Willow Road, Menlo Park, CA as the location where users “may send notices
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`of a legal nature to 10Tales.” See Schulz Decl., ¶ 4, Ex. 3 at page 19. Exhibit 4 to this filing are
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`screen shots of 10Tales’ current Privacy Policy, which identifies 68 Willow Road, Menlo Park,
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`CA under “How to Contact Us.” Id., ¶ 5, Ex. 4 at page 16.
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`10Tales’ failure to provide these documents prior to 10Tales’ corporate representatives’
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`deposition—Mr. Russek—denied Defendants the opportunity to question Mr. Russek about these
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`current public notices. Moreover, given that 10Tales delayed Mr. Russek’s deposition until just
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`Case 6:20-cv-00810-ADA Document 86 Filed 05/20/21 Page 3 of 51
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`two days before Defendants’ Reply in Support of their Motion to Transfer was due, Defendants
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`were denied the opportunity to research all of Mr. Russek’s incorrect statements. Particularly,
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`Mr. Russek claimed during his deposition that 10Tales did not receive mail at the Menlo Park
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`address and that 10Tales was “always in Pennsylvania.” See, e.g., ECF No. 76, Ex. A, Russek
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`Dep. at 72:23-24, 194:23-195:5. However, upon researching these statements further, it became
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`clear that all of the material presently associated with 10Tales’ mobile application points to the
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`Menlo Park address. See Schulz Decl., Exs. 2-4. Accordingly, Defendants hereby submit
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`Exhibits 2 through 4 of the Schulz Declaration filed herewith.
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`Dated: May 12, 2021
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`By: /s/ Ericka J. Schulz
`Stephen S. Korniczky (admitted pro hac vice)
`Martin R. Bader (admitted pro hac vice)
`Ericka J. Schulz (admitted pro hac vice)
`James Young Hurt, admitted (CA Bar No. 312390)
`Eric K. Gill (admitted pro hac vice)
`Michael J. Hopkins (admitted pro hac vice)
`Krysti Papadopoulos (admitted pro hac vice)
`SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
`12275 El Camino Real, Suite 100
`San Diego, CA. 92130
`T: 858.720.8900
`skorniczky@sheppardmullin.com
`mbader@sheppardmullin.com
`eschulz@sheppardmullin.com
`jhurt@sheppardmullin.com
`egill@sheppardmullin.com
`mhopkins@sheppardmullin.com
`kpapadopoulos@sheppardmullin.com
`
`Jason Mueller (State Bar No. 24047571)
`SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
`2200 Ross Avenue, 24th Floor
`Dallas, TX 75201
`T: 469.391.7402
`jmueller@sheppardmullin.com
`
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`-3-
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`Case 6:20-cv-00810-ADA Document 86 Filed 05/20/21 Page 4 of 51
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`Attorneys for TikTok Inc., TikTok Pte Ltd., ByteDance Ltd.
`and ByteDance Inc.
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`Case 6:20-cv-00810-ADA Document 86 Filed 05/20/21 Page 5 of 51
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`CERTIFICATE OF SERVICE
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`I hereby certify that on May 12, 2021, a true and correct copy of the foregoing
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`DEFENDANTS’ NOTICE OF FILING was served on counsel of record in this case by
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`electronic mail.
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`/s/ Ericka J. Schulz
`Ericka J. Schulz
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`Case 6:20-cv-00810-ADA Document 86 Filed 05/20/21 Page 6 of 51
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`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`
`Plaintiff,
`
` v.
`
`10TALES, INC.,
`
`
`
`
`
`TIKTOK INC., TIKTOK PTE. LTD.,
`BYTEDANCE LTD., and BYTEDANCE
`INC.,
`
`
`
`Defendants.
`
`
`
`CIVIL ACTION NO. 6:20-CV-810-ADA
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`DECLARATION OF ERICKA J. SCHULZ IN SUPPORT OF DEFENDANTS’ NOTICE
`OF FILING OF HEARING PRESENTATION
`
`I, Ericka J. Schulz, declare as follows:
`
`
`
`1.
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`I am an attorney licensed to practice law in the State of California and a Partner
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`with the law firm Sheppard Mullin Richter & Hampton LLP located at 12275 El Camino Real,
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`Suite 100, San Diego, California 92130. I am counsel for Defendants TikTok Inc., TikTok PTE.
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`Ltd., ByteDance Ltd., and ByteDance Inc. (“Defendants”) in the above-captioned matter. I have
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`personal knowledge of the matters set forth below, and if called and sworn as a witness, I could
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`and would testify competently to the facts set forth herein.
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`2.
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` Attached hereto as Exhibit 1 is a true and correct copy of Defendants
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`demonstrative presentation slides that were presented at the May 6, 2021 oral argument on
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`Defendants’ Motion to Transfer Under 28 U.S.C. § 1404.
`
`3.
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`Attached hereto as Exhibit 2 are screen shots of the End User License Agreement
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`that must be accepted when Plaintiff 10Tales, Inc.’s (“10Tales”) mobile application is
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`-1-
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`Case 6:20-cv-00810-ADA Document 86 Filed 05/20/21 Page 7 of 51
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`downloaded. I downloaded 10Tales’ mobile application and captured the screen shots in Exhibit
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`2 on May 1, 2021.
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`4.
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`Attached hereto as Exhibit 3 are screen shots of the Terms of Use for 10Tales’
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`mobile application, which were captured by my team after creating an account, opening the
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`application, clicking the menu (the three horizontal lines), and selecting the “TERMS OF USE”
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`menu option.
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`5.
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`Attached hereto as Exhibit 4 are screen shots of the Privacy Policy for the
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`10Tales’ mobile application, which were captured by my team from the menu of options within
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`the application.
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` I
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` declare under penalty of perjury under the laws of the United Sates that the foregoing is
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`true and correct. Executed on May 12, 2021, at San Diego, California.
`
`
`/s/ Ericka J. Schulz
`Ericka J. Schulz
`
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`Case 6:20-cv-00810-ADA Document 86 Filed 05/20/21 Page 8 of 51
`Case 6:20-cv-00810-ADA Document86 Filed 05/20/21 Page 8 of 51
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`EXHIBIT 1
`EXHIBIT 1
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`[FILED UNDER SEAL]
`[FILED UNDER SEAL]
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`

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`Case 6:20-cv-00810-ADA Document 86 Filed 05/20/21 Page 9 of 51
`Case 6:20-cv-00810-ADA Document 86 Filed 05/20/21 Page 9 of 51
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`EXHIBIT 2
`EXHIBIT 2
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`

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`10Tales End User License Agreement
`
`10Tales DMCA (Copyright) Notifications and Counter-
`Notifications Process
`Last Updated: May 2015
`
`10Tales respects the intellectual property of others, and we
`ask our users to do the same. Each user is responsible for
`ensuring that the materials they upload to 10Tales do not
`infringe any third party copyright.
`10Tales will promptly remove materials from 10Talesin
`accordance with the Digital Millennium Copyright Act
`("DMCA") it properly notitied that the materials intringe a
`third party's copyright. In addition, 10Tales may, in
`appropriate circumstances, terminate the accounts of repeat
`copyrightinfringers.
`
`Filing a DMCA Notice to Remove Copyrighted Content-for
`Copyright Holders
`If you believe that your work has been copied in a waythat
`constitutes copyright infringement, please provide us with a
`written notice containing the following information:
`
`Your name, address, telephone number, and email address(it
`any).
`A description of the copyrighted work that you claim has
`been infringed.
`A description of where on 10Tales the material that you claim
`is infringing may be found, sufficient for 10Tales to locate the
`material.
`A statement that you have a goodfaith belief that the use of
`the copyrighted work is not authorized by the copyright
`
`Refuse
`
`Accept
`
`
`
`

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`1:52
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`10Tales End User License Agreement
`
`If you believe that your work has been copied in a waythat
`constitutes copyright infringement, please provide us with a
`written notice containing the following information:
`
`Your name, address, telephone number, and email address(if
`any).
`A description of the copyrighted work that you claim has
`been infringed.
`A description ot where on 10Tales the material that you claim
`is infringing may be found, sufficient for 10Tales to locate the
`material.
`A statement that you have a good faith belief that the use of
`the copyrighted work is not authorized by the copyright
`owner, its agent, or the law.
`A statement by you UNDER PENALTY OF PERJURYthat the
`information in your notice is accurate and that you are the
`copyright owneror authorized to act on the copyright owner's
`behalf.
`Your electronic or physical signature.
`You may submit this information via:
`
`Online: Our DMCAclaim form
`
`Email: dmca@10Tales.com
`Offline: 10Tales’ Copyright Agent
`Filing a DMCA Counter-Notitication to Restore Removed
`Content—for 10Tales Users
`If you believe that your material has been removed by
`mistake or misidentification, please provide 10Tales with a
`written counter-notification containing the following
`information:
`
`Refuse
`
`Accept
`
`
`
`

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`10Tales End User License Agreement
`
`— a
`
`s a result of mistake or misidentification.
`A statement that you consentto the jurisdiction of the
`Federal District Court for the judicial district in which your
`address is located, or if your address is outside of the United
`States, any judicial district in which 10Tales may be found
`(which includes the United States District Court for the
`Southern District of New York), and that you will accept
`service of process trom the person who filed the original
`DMCAnotice or an agent of that person.
`Your electronic or physical signature.
`You may submit this information via:
`
`Online: Our DMCA Counter-Notifcation form
`
`Email: dmca@10Tales.com
`Offline: 10Tales’ Copyright Agent
`Please note that we will send any complete counter-
`notifications we receive to the person who submitted the
`original DMCA notice. That person may electto file a lawsuit
`against you for copyright intringement. If we do not receive
`notice that a lawsuit has been filed within ten (10) business
`days after we provide notice of your counter-notification, we
`will restore the removed materials. Until that time, your
`materials will remain removed. We will provide a copy of the
`original DMCA takedown notice upon request.
`
`RepeatIntringer Policy
`10Tales will terminate user accounts that have been the
`subject of three (3) separate DMCA notices. In the event a
`user's materials are removed due to a DMCAnotice and then
`subsequently restored due to the filing of a DMCA counter-
`notification, 10Tales will treat the underlying DMCA notice as
`
`Refuse
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`Accept
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`1:51
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`10Tales End User License Agreement
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`Se a ee eeeeee see Ee orss i ee eS eS |
`
`notification, 10Tales will treat the underlying DMCA notice as
`withdrawn.
`
`10Tales reserves the right to terminate user accounts that are
`the subject of fewer than three (3) DMCAnoticesin
`appropriate circumstances, such as where the user has a
`history of violating or willfully disregarding 10Tales’ Terms of
`Service.
`
`Warning
`In filing a DMCA notice or counter-notification, please make
`sure that you have complied with all of the above
`requirements. If we request additional intormation necessary
`to make your DMCA notice or counter-notitication complete,
`please provide that information promptly. If you fail to comply
`with all of these requirements, your DMCA notice or counter-
`notification may not be processed Turther.
`
`In addition, please make sure thatall of the information you
`provide is accurate. UNDER SECTION 512(f) OF THE
`COPYRIGHT ACT, 17 U.S.C. § 512(f), ANY PERSON WHO
`KNOWINGLY MATERIALLY MISREPRESENTS THAT MATERIAL
`
`OR ACTIVITY IS INFRINGING OR WAS REMOVED OR
`
`DISABLED BY MISTAKE OR MISIDENTIFICATION MAY BE
`
`SUBJECT TO LIABILITY.
`
`10Tales may disclose any communications concerning DMCA
`notices or other intellectual property complaints with third
`parties, including the users who haveposted the allegedly
`infringing material, and may provide DMCAnotices to
`Chilling Effects
`
`Refuse
`
`Accept
`
`
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`

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`1:49
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`Case 6:20-cv-00810-ADA Document 86 Filed 05/20/21 Page 14 of 51
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`10Tales End User License Agreement
`
`infringing material, and may provide DMCAnotices to
`Chilling Effects
`
`If you have questions about the legal requirements of a
`DMCAnotice, please contact an attorney or see Section
`512(c)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(c)(3), for
`more information. If you have questions about the legal
`requirements of a DMCA counter-notification, please contact
`an attorney or see Section 512(g)(3) of the U.S. Copyright Act,
`17 U.S.C. § 512(g)(3), for more information.
`
`10Tales’ Copyright Agent
`In addition to the webtorms we provide, you may send a
`DMCAnotice, a DMCA counter-notitication, or any inquiries
`concerning intellectual property to 10Tales’ Copyright Agent:
`
`10Tales,Inc.
`68 Willow Road,
`Menlo Park, CA 94025
`Attn: Legal Dept. — Copyright Agent
`dmca@10Tales.com
`
`Trademark Law and Infringement
`If you believe a 10Tales member is infringing on your
`trademark, pleasefile a trademark complaint and a 10Tales
`moderator will investigate your claim right away. If you are
`unsure if your trademarkis being infringed, please visit our
`Trademark FAQ to learn more about trademark law and
`infringement.
`
`Refuse
`
`Accept
`
`
`
`

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`Case 6:20-cv-00810-ADA Document 86 Filed 05/20/21 Page 15 of 51
`Case 6:20-cv-00810-ADA Document 86 Filed 05/20/21 Page 15 of 51
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`EXHIBIT 3
`EXHIBIT 3
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`MY ACCOUNT
`
`SHOWS
`
`INVITE FRIENDS
`
`ABOUT 10TALES
`
`<¢ App Store
`
`LOG OUT
`
`ABOUT YOUR PRIVACY
`
`TERMS OF USE
`
`COPYRIGHT
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`

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`3:49 7
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`Case 6:20-cv-00810-ADA Document 86 Filed 05/20/21 Page 17 of 51
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`<4 App Store
`
`< BACK
`
`Terms of Use
`
`Terms of Service
`Last Updated: July 2015
`
`PLEASE READ THIS DOCUMENT CAREFULLY.
`10Tales, Inc (“10Tales,” "we," or "us") offers an
`online video platform and community through its
`mobile device applications. By registering as a
`member or by using the 10Tales Service in any way,
`you accept these Terms of Service ("Agreement"),
`which forms a binding agreement between you and
`10Tales. If you do not wish to be bound bythis
`Agreement, do not use the 10Tales Service.
`
`1. Who may be recorded and placed on 10Tales
`By registering as a member of the 10Tales service,
`you may record both audio and video of yourself for
`inclusion in the 10Tales service (which includes the
`10Tales series, their episodes and any marketing or
`advertising surrounding these services.) If you
`record people other than yourself you should always
`get their permission to record them using audio and/
`or video. Recording people without their permission
`or consent may beillegal depending upon where you
`live.
`
`2. Who May Use the 10Tales Service
`AGE REQUIREMENT: You must beat least 13 years
`old to use the 10Tales Service. If you are at least 13,
`but are still a minor (this depends on where you live),
`you must have your parent or legal guardian's
`permission to use the 10Tales Service. Please have
`him or her read this Agreement with you.
`
`NOTICE TO PARENTS AND GUARDIANS: By granting
`our child permission to use the 10Tales Service,
`
`vou
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`

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`<4 App Store
`
`< BACK
`
`Terms of Use
`
`NOTICE TO PARENTS AND GUARDIANS: By granting
`your child permission to use the 10Tales Service, you
`agree to the terms of this Agreement on behalf of
`your child. You are responsible for monitoring and
`supervising your child's use of the 10Tales Service. If
`your child is using the 10Tales Service and is either
`under 13 or does not have your permission, please
`contact us immediately so that we can disable his or
`her access. If you have questions about whether the
`10Tales Service is appropriate for your child, please
`contact us.
`
`WARNING: Even if you are old enough to use the
`10Tales Service and/or have your parent's or
`guardian's permission, some of the content available
`within the 10Tales Service may not be appropriate
`for you. Some content may contain "R-rated"
`material, nudity, profanity, and mature subject
`matter. If you are under 18, do not view such
`content.
`
`3. Basic Terms
`You are responsible for your use of 10Tales, for any
`Content you post to 10Tales, and for any
`consequencesthereof. Most Content you submit,
`post, or display through 10Tales is public by default
`and will be able to be viewed by other users and
`through third party services and websites. You
`should only provide Content that you are
`comfortable sharing with others under these Terms.
`
`Tip: What you say and do on 10Tales may be viewed
`all around the world instantly.
`
`
`
`

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`<4 App Store
`
`< BACK
`
`Terms of Use
`
`Tip: What you say and do on 10Tales may be viewed
`all around the world instantly.
`
`You may use 10Tales only if you can form a binding
`contract with 10Tales, Inc and are not a person
`barred from receiving services under the laws of the
`United States or other applicable jurisdiction. lf you
`are accepting these Terms and using 10Tales on
`behalf of a company, organization, government, or
`other legal entity, you represent and warrant that
`you are authorized to do so. You may use 10Tales
`only in compliance with these Terms and all
`applicable local, state, national, and international
`laws, rules and regulations.
`
`The Services that 10Tales provides are always
`evolving and the form and nature of the Services
`that 10Tales provides may change from time to time
`without prior notice to you. In addition, 10Tales may
`Stop (permanently or temporarily) providing a series
`or episode (or any features within the overall 10Tales
`system) to you or to users generally and may not be
`able to provide you with prior notice. We also retain
`the right to create limits on use and storage at our
`sole discretion at any time without prior notice to
`yOu.
`
`10Tales may include advertisements, which may be
`targeted to the Content or information on 10Tales,
`queries made through 10Tales, or any other
`information. The types and extent of advertising by
`10Tales are subject to change. In consideration for
`10Tales granting you accessto and useof the
`10Tales system, you agree that 10Tales and Its third
`
`
`
`

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`<4 App Store
`
`< BACK
`
`Terms of Use
`
`10Tales may include advertisements, which may be
`targeted to the Content or information on 10Tales,
`queries made through 10Tales, or any other
`information. The types and extent of advertising by
`10Tales are subject to change. In consideration for
`10Tales granting you access to and use of the
`10Tales system, you agree that 10Tales and its third
`party providers and partners may place such
`advertising on 10Tales or in connection with the
`display of Content or information from 10Tales
`whether submitted by you or others.
`
`4. License to Use the 10Tales Service
`LICENSE: 10Tales grants you a limited, non-exclusive
`license to access and use the 10Tales Service for
`your own personal, non-commercial purposes. This
`includes the right to view content available on the
`10Tales Service. This license is personal to you and
`may not be assigned or sublicensed to anyone else.
`
`RESTRICTIONS: Except as expressly permitted by
`10Tales in writing, you will not reproduce,
`redistribute, sell, create derivative works from,
`decompile, reverse engineer, or disassemble the
`10Tales Service. Nor will you take any measures to
`interfere with or damage the 10Tales Service. All
`rights not expressly granted by 10Tales are reserved.
`
`5. Privacy
`Your privacy rights are set forth in our Privacy Policy,
`which forms a part of this Agreement. Please review
`the Privacy Policy to learn about:
`
`What information we may collect about you:
`
`What we use that information for; and
`
`

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`<4 App Store
`
`< BACK
`
`Terms of Use
`
`5. Privacy
`Your privacy rights are set forth in our Privacy Policy,
`which forms a part of this Agreement. Please review
`the Privacy Policy to learn about:
`
`What information we may collect about you:
`What we usethat information for; and
`With whom wesharethat information.
`
`6. Membership
`REGISTRATION: To fully use the 10Tales Service, you
`must register as a memberby providing a user
`name, password, valid email address and your
`mobile phone number. You must provide complete
`and accurate registration information to 10Tales and
`notify us if your information changes. If you are a
`business, government, or non-profit entity, the
`person whose email address is associated with the
`account must have the authority to bind the entity to
`this Agreement.
`
`USER NAME: We encourage you to use your real
`name. If you are a business, government, or non-
`profit entity, you must use the actual name of your
`organization. You may not use someone else's
`name, a name that violates any third party right, ora
`name that is obscene or otherwise objectionable.
`
`ACCOUNT SECURITY: You are responsible forall
`activity that occurs under your account, including
`any activity by unauthorized users. You must not
`allow others to use your account. You must
`safeguard the confidentiality of your password. If
`you are using a computer that others have access
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`ACCOUNT SECURITY: You are responsible forall
`activity that occurs under your account, including
`any activity by unauthorized users. You must not
`allow others to use your account. You must
`safeguard the confidentiality of your password. If
`you are using a computer that others have access
`to, you must log out of your account after using the
`10Tales Service. If you become awareof an
`unauthorized access to your account, you must
`change your password and notify us immediately.
`
`7. Term and Termination; Account Deletion
`TERM: This Agreement begins on the date you first
`use the 10Tales Service and continues as long as
`you have an account with us.
`
`ACCOUNT DELETION: You may delete your account
`at any time. Basic accounts may be deleted from the
`10Tales Service if they remain inactive (i.e., the user
`fails to log in) for a continuous period of at least six
`(6) months.
`
`TERMINATION FOR BREACH: 10Tales may suspend,
`disable, or delete your account (or any part thereof)
`or block or remove any content you submitted if
`10Tales determines that you have violated any
`provision of this Agreement or that your conduct or
`content would tend to damage 10Tales’ reputation
`and goodwill. If 10Tales deletes your account for the
`foregoing reasons, you may not re-register for the
`10Tales Service. 10Tales may block your email
`address and Internet protocol address to prevent
`further registration. We do our best to ensurefair
`outcomes, but in all cases we reservethe right to
`
`LC
`
`eT 1C)
`
`@lgia
`
`4
`
`~IRATOMAS Olait-ia
`
`f\
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`TERMINATION FOR BREACH: 10Tales may suspend,
`disable, or delete your account (or any part thereof)
`or block or remove any content you submittedIf
`10Tales determines that you have violated any
`provision of this Agreement or that your conduct or
`content would tend to damage 10Tales’ reputation
`and goodwill. lf 1OTales deletes your account for the
`foregoing reasons, you may not re-register for the
`10Tales Service. 10Tales may block your email
`address and Internet protocol address to prevent
`further registration. We do our best to ensurefair
`outcomes, but in all cases we reservethe right to
`suspend accounts or remove content, without
`notice, for any reason, but particularly to protect our
`services, infrastructure, users, or community. We
`reserve the right to enforce, or not enforce, these
`policies at our sole discretion, and these policies
`don't create a duty or contractual obligation for us
`to act in any particular manner. We also reserve the
`right to amend thesepolicies.
`
`EFFECT OF TERMINATION/ACCOUNT DELETION:
`Upon termination, all licenses granted by 10Tales will
`terminate. Sections 6 and 11 through 16 shall survive
`termination. In the event of account deletion for any
`reason, content that you submitted may no longer
`be available. 10Tales shall not be responsible for the
`loss of such content.
`
`8. Content Restrictions
`You may not upload, post, or transmit (collectively,
`"submit") any video, image, text, audio recording, or
`other work (collectively, "content") that:
`
`Infringes any third party's copyrights or other rights
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`8. Content Restrictions
`You may not upload, post, or transmit (collectively,
`"submit") any video, image, text, audio recording, or
`other work (collectively, "content") that:
`
`Infringes any third party's copyrights or other rights
`(e.g., trademark, privacy rights, etc.):
`Contains sexually explicit content or pornography
`(orovided, however, that non-sexual nudityIs
`permitted):
`Contains hateful, defamatory, or discriminatory
`content or incites hatred against any individual or
`group,
`Exploits minors;
`Depicts unlawful acts or extreme violence;
`Depicts animal cruelty or extreme violence towards
`animals;
`Promotes fraudulent or dubious business schemes;
`or
`Violates any law.
`All videos you submit must also comply with the
`10Tales Guidelines, which are incorporated into this
`Agreement.
`
`9. Code of Conduct
`In using the 10Tales Service, you must behave ina
`civil and respectful manner at all times. Further, you
`will not:
`
`Act in a deceptive manner by, among otherthings,
`Impersonating any person:
`Harass or stalk any other person;
`Harm or exploit minors;
`Distribute "spam":
`
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`Act in a deceptive manner by, among otherthings,
`impersonating any person;
`Harass or stalk any other person;
`Harm or exploit minors:
`Distribute "spam":
`Collect information about others; or
`Advertise or solicit others to purchase any product
`or service within the 10Tales Site (unless you are an
`official 10Tales partner or advertiser and have a
`written agreement with 10Tales).
`10Tales has the right, but not the obligation, to
`monitor all conduct on and content submitted to the
`10Tales Service.
`
`10. Licenses Granted by You
`10.1 Videos
`
`LICENSE TO 10Tales: As between you and 10Tales,
`you ownthe video content ("videos") that you
`submit to the 10Tales Service. By submitting a video,
`you grant 10Tales and Its affiliates a limited.
`worldwide, non-exclusive, royalty-free license and
`right to copy, transmit, distribute, publicly perform
`and display (through all media now knownor
`hereafter created), and make derivative works from
`your video for the purposeof(I) displaying the video
`within the 10Tales Service;(ii) displaying the video
`on third party websites and applications through a
`video embed or 10Tales’ API subject to your video
`privacy choices; (ill) allowing other usersto play,
`download, and embedon third party websites the
`video, subject to your video privacy choices;(ill)
`promoting the 10Tales Service, provided that you
`have made the video publicly available; and (iv)
`
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`video embed or 10Tales’ API subject to your video
`privacy choices; (ill) allowing other usersto play,
`download, and embedon third party websites the
`video, subject to your video privacy choices;(ill)
`promoting the 10Tales Service, provided that you
`have made the video publicly available; and (iv)
`archiving or preserving the video for disputes, legal
`proceedings, or investigations.
`
`LICENSE TO OTHER USERS: You further grant all
`users of the 10Tales Service permission to view your
`videos for their personal, non-commercial purposes.
`This includes the right to copy and makederivative
`works from the videos solely to the extent necessary
`to view the videos. The foregoing licensesarein
`addition to any license you may decide to grant
`(e.g., a Creative Commons license).
`
`DURATION OF LICENSES: The abovelicenses will
`continue unless and until you remove your videos
`from the 10Tales Service, in which case the licenses
`will terminate within a commercially reasonable
`period of time. Notwithstanding the foregoing, the
`license for legal archival/oreservation purposeswill
`continue indefinitely. Please note that removed
`videos may be cached in search engine indices after
`removal and that 10Tales has no control over such
`caching.
`
`10.2 Non-video Content
`
`As between you and 10Tales, you ownall non-video
`content that you submit to the 10Tales Service. You
`grant 10Tales and its affiliates a worldwide,
`perpetual, irrevocable, non-exclusive, royalty-free
`
`
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`10.2 Non-video Content
`
`As between you and 10Tales, you ownall non-video
`content that you submit to the 10Tales Service. You
`grant 10Tales and Its affillates a worldwide,
`perpetual, irrevocable, non-exclusive, royalty-free
`license and right to copy, transmit, distribute,
`publicly perform and display (through all media now
`Known or hereafter created), and make derivative
`works from your non-video content. In addition, you
`waive any so-called "moral rights" In your non-video
`content. You further grant all users of the 10Tales
`Service permission to view your non-video content
`for their personal, non-commercial purposes. If you
`make suggestions to 10Tales on improving or adding
`new features to the 10Tales Service, 10Tales shall
`have the right to use your suggestions without any
`compensation to you.
`
`11. Your Representations and Warranties
`For each piece of content that you submit, you
`represent and warrant that: (i) you have the right to
`submit the content to 10Tales and grant the licenses
`set forth above; (ii) 10Tales will not need to obtain
`licenses from any third party or pay royalties to any
`third party;