Case 1:21-cv-01465-MN Document 14-2 Filed 12/24/21 Page 1 of 9 PageID #: 115
`Case 1:21-cv-01465-MN Document 14-2 Filed 12/24/21 Page 1 of 9 PagelD #: 115
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`EXHIBIT B
`EXHIBIT B
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`EXHIBIT B
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`Case 1:21-cv-01465-MN Document 14-2 Filed 12/24/21 Page 2 of 9 PageID #: 116
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`Search
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`Pinterest
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`English +
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`About ~
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`Login
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`What is Pinterest?
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`Terms & Privacy
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`Pin Etiquette
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`Terms of Service | Privacy Policy
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`Acceptable Use Policy
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`These Terms of Service took effect on November 14, 2012. To view the past Terms
`of Service click here.
`
`
`
`Thank you for using Pinterest!
`
`Pinterest's products and services are provided by Pinterest, Inc. These Business
`
`Terms & Privacy
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`Terms of Service ("Business Terms") govern your access to and use of Pinterest's
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`website, products, and services ("Products") for commercial purposes. Please read
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`Copyright & Trademark
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`these Terms carefully, and contact us if you have any questions. By creating a
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`Commercial Account, or by accessing or using our Products, you agree to be bound
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`by these Terms and by our Privacy Policy.
`
`Translation:
`
`Every company has its terms. These are ours.
`
`
`
`1
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`

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`Case 1:21-cv-01465-MN Document 14-2 Filed 12/24/21 Page 3 of 9 PageID #: 117
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`What is Pinterest?
`
`1. Using Pinterest
`
`Pin Etiquette
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`Getting Started
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`Support
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`Goodies
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`Careers
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`Press
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`Team
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`a. Who can use Pinterest.
`You may use our Products only if you can form a binding contract with Pinterest,
`
`and only in compliance with these Terms and all applicable laws. When you create
`
`your Pinterest account, you must provide us with accurate and complete
`
`information. Any use or access by anyone under the age of 13 is prohibited. If you
`
`open an account on behalf of a company, organization, or other entity, then (a) •you•
`
`includes you and that entity, and (b} you represent and warrant that you are
`
`authorized to grant all permissions and licenses provided in these Terms and bind
`
`the entity to these Terms, and that you agree to these Terms on the entity's behalf.
`
`Some of our Products may be software that is downloaded to your computer,
`
`phone, tablet, or other device. You agree that we may automatically upgrade those
`
`Products, and these Terms will apply to such upgrades.
`
`Terms & Privacy
`
`b. Our license to you.
`Subject to these Terms and our policies (including our Acceptable Usage Policy), we
`
`Copyright & Trademark
`
`grant you a limited, non-exclusive, non-transferable, and revocable license to use
`
`our Products.
`
`Translation:
`
`You can use Pinterest unless you're under 13. Also, if your boss is making you use
`
`Pinterest, you need to set up a business account.
`
`2. Your Content
`
`a. Posting content.
`Pinterest allows you to post content, including photos, comments, and other
`
`materials. Anything that you post or otherwise make available on our Products is
`
`referred to as •user Content.• You retain all rights in, and are solely responsible for,
`
`the User Content you post to Pinterest.
`
`Translation:
`
`If you post your content on Pinterest, it still belongs to you but we can show it to
`people and others can re-pin it.
`
`b. How Pinterest and other users can use your content.
`You grant Pinterest and its users a non-exclusive, royalty-free, transferable,
`
`sublicensable, worldwide license to use, store, display, reproduce, re-pin, modify,
`
`create derivative works, perform, and distribute your User Content on Pinterest
`
`solely for the purposes of operating, developing, providing, and using the Products.
`
`Nothing in these Terms shall restrict other legal rights Pinterest may have to User
`
`Content, for example under other licenses. We reserve the right to remove or modify
`
`User Content for any reason, including User Content that we believe violates these
`
`Terms or our policies.
`
`Scroll
`to Top
`
`What is Pinterest?
`
`1. Using Pinterest
`
`Pin Etiquette
`
`a. Who can use Pinterest.
`
`Getting Started
`
`You may use our Products only if you can form a binding contract with Pinterest,
`)
`)
`}
`]
`and only in compliance with these Terms and all applicable laws. When you create
`
`Support
`
`your Pinterest account, you must provide us with accurate and complete
`
`information. Any use or access by anyone under the age of 13 is prohibited. If you
`
`Goodies
`
`open an account on behalf of
`
`a company, organization, or other entity, then (a) *you*
`
`includes you and that entity, and (b} you represent and warrant that you are
`
`Careers
`
`authorized to grant all permissions and licenses provided in these Terms and bind
`
`Press
`
`Team
`
`the entity to these Terms, and that you agree to these Terms on the entity's behalf.
`
`Some of our Products may be software that is downloaded to your computer,
`
`phone, tablet, or other device. You agree that we may automatically upgrade those
`
`Products, and these Terms will apply to such upgrades.
`
`Terms & Privacy
`
`b. Our license to you.
`Subject to these Terms and our policies (including our Acceptable Usage Policy), we
`
`Copyright & Trademark
`
`grant you a limited, non-exclusive, non-transferable, and revocable license to use
`
`our Products.
`
`Translation:
`
`You can use Pinterest unless you're under 13. Also, if your boss is making you use
`
`Pinterest, you need to set up a business account.
`
`2. Your Content
`
`a. Posting content.
`
`Pinterest allows you to post content, including photos, comments, and other
`
`materials. Anything that you post or otherwise make available on our Products is
`
`referred to as "User Content." You retain all rights in, and are solely responsible for,
`
`the User Content you post to Pinterest.
`
`Translation:
`
`If you post your content on Pinterest, it still belongs to you but we can show it to
`
`people and others can re-pin it.
`
`b. How Pinterest and other users can use your content.
`You grant Pinterest and its users a non-exclusive, royalty-free, transferable,
`
`sublicensable, worldwide license to use, store, display, reproduce, re-pin, modify,
`
`create derivative works, perform, and distribute your User Content on Pinterest
`
`solely for the purposes of operating, developing, providing, and using the Products.
`
`Nothing in these Terms shall restrict other legal rights Pinterest may have to User
`
`Content, for example under other licenses. We reserve the right to remove or modify
`
`User Content for any reason, including User Content that we believe violates these
`
`Terms or our policies.
`
`Scroll
`
`to Top
`
`2
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`

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`Case 1:21-cv-01465-MN Document 14-2 Filed 12/24/21 Page 4 of 9 PageID #: 118
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`What is Pinterest?
`
`Pin Etiquette
`
`Getting Started
`
`c. How fong we keep your content:
`Following tennination or deactivation of your account, or if you remove any User
`
`Content from Pinterest, we may retain your User Content for a commercially
`
`reasonable period of time for backup, archival, or audit purposes. Furthermore,
`
`Pinterest and its users may retain and continue to use, store, display, reproduce, re•
`
`pin, modify, create derivative works, perform, and distribute any of your User
`
`Content that other users have stored or shared through Pinterest.
`
`Support
`
`Goodies
`
`Careers
`
`Press
`
`Team
`
`Terms & Privacy
`
`Translation:
`
`Copies of content shared with others may remain even after you delete the content
`
`from your account.
`
`d. Your responsibility for your content:
`i. To Pinterest and our community. Pinterest provides a creative and positive place
`
`for you and other users to discover and share things you love. To keep it that way,
`
`you must abide by our Pin Etiquette and comply with our policies, including our
`
`Acceptable Use Policy. Except as expressly provided in these Terms, you agree
`
`not to use, modify, reproduce, distribute, sell, license, or otherwise use our Products
`
`Copyright & Trademark
`
`without our permission.
`
`ii. To third parties. Pinterest respects the rights of third party creators and content
`
`owners, and expects you to do the same. You therefore agree that any User Content
`
`that you post to Pinterest does not and will not violate any law or infringe the rights
`
`of any third party.
`
`Translation:
`
`Also, don't post porn or spam or be a jerk to other Pinners. Oh, and we can actually
`
`use your suggestions to make Pinterest better.
`
`e. Feedback you provide:
`
`We value hearing from our users, and are always interested in learning about ways
`
`we can make Pinterest more awesome. If you choose to submit comments, ideas or
`
`feedback, you agree that we are free to use them without any restriction or
`
`compensation to you. By accepting your submission, Pinterest does not waive any
`
`rights to use similar or related Feedback previously known to Pinterest, or
`
`developed by its employees, or obtained from sources other than you.
`
`What is Pinterest?
`
`Pin Etiquette
`
`¢. How long we keep your content:
`Following termination or deactivation of your account, or if you remove any User
`
`Content from Pinterest, we may retain your User Content for a commercially
`
`reasonable period of time for backup, archival, or audit purposes. Furthermore,
`
`Pinterest and its users may retain and continue to use, store, display, reproduce, re-
`
`Getting Started
`
`pin, modify, create derivative works, perform, and distribute any of your User
`
`Content that other users have stored or shared through Pinterest.
`
`Support
`
`Goodies
`
`Careers
`
`Press
`
`Team
`
`Terms & Privacy
`
`Translation:
`
`Copies of content shared with others may remain even after you delete the content
`
`from your account.
`
`
`d. Your responsibility for your content:
`i. To Pinterest and our community. Pinterest provides a creative and positive place
`
`for you and other users to discover and share things you love. To keep it that way,
`
`you must abide by our Pin Etiquette and comply with our policies, including our
`
`Acceptable Use Policy. Except as expressly provided in these Terms, you agree
`
`not to use, modify, reproduce, distribute, sell, license, or otherwise use our Products
`
`Copyright & Trademark
`
`without our permission.
`
`ii. To third parties. Pinterest respects the rights of third party creators and content
`
`owners, and expects you to do the same. You therefore agree that any User Content
`
`that you post to Pinterest does not and will not violate any law or infringe the rights
`
`of any third party.
`
`Translation:
`
`Also, don’t post porn or spam or be a jerk to other Pinners. Oh, and we can actually
`
`use your suggestions to make Pinterest better.
`
`
`e. Feedback you provide:
`
`We value hearing from our users, and are always interested in learning about ways
`
`we can make Pinterest more awesome. If you choose to submit comments, ideas or
`
`feedback, you agree that we are free to use them without any restriction or
`
`compensation to you. By accepting your submission, Pinterest does not waive any
`
`rights to use similar or related Feedback previously known to Pinterest, or
`
`developed by its employees, or obtained from sources other than you.
`
`3
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`

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`Case 1:21-cv-01465-MN Document 14-2 Filed 12/24/21 Page 5 of 9 PageID #: 119
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`What is Pinterest?
`
`3. Copyright Policy
`
`Pin Etiquette
`
`Pinterest has adopted and implemented the Pinterest Copyright Policy in
`
`accordance with the Digital Millennium Copyright Act. For more information, please
`
`Getting Started
`
`read our Copyright Policy.
`
`Support
`
`Goodies
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`Careers
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`Press
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`Team
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`Translation:
`
`We respect copyrights. You should, too.
`
`
`4. Security
`
`Terms & Privacy
`
`Copyright & Trademark
`
`We care about the security of our users. While we work to protect the security of
`
`your content and account, Pinterest cannot guarantee that unauthorized third
`
`parties will not be able to defeat our security measures. Please notify us
`
`immediately of any compromise or unauthorized use of your account. For accounts
`
`created on behalf of a company, organization, or other entity, you are responsible for
`
`ensuring that only authorized individuals have access to the account.
`
`Translation:
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`You can help us fight spammers by keeping these security tips in mind.
`
`
`5. Third-party Links, Sites and
`Services
`
`Our Products may contain links to third-party websites, advertisers, services,
`
`special offers, or other events or activities that are not owned or controlled by
`
`Pinterest. We do not endorse or assume any responsibility for any such third-party
`
`sites, information, materials, products, or services. If you access any third party
`
`website, service, or content from Pinterest, you do so at your own risk and you
`
`agree that Pinterest will have no liability arising from your use of or access to any
`
`third-party website, service, or content.
`
`Translation:
`
`Pins link to content off of Pinterest. Most of that stuff is awesome but we're not
`
`responsible when it's not.
`
`
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`4
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`Case 1:21-cv-01465-MN Document 14-2 Filed 12/24/21 Page 6 of 9 PageID #: 120
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`What is Pinterest?
`
`6. Termination.
`
`Pin Etiquette
`
`Getting Started
`
`Support
`
`Goodies
`
`Careers
`
`Press
`
`Team
`
`Pinterest may terminate or suspend this license at any time, with our without cause
`
`or notice to you. Upon termination, you continue to be bound by Sections 2, 3(b),
`
`and 7-13 of these Terms.
`
`Translation:
`
`We reserve the right to refuse service to anyone.
`
`
`
`7. Indemnity
`
`Terms & Privacy
`
`You agree to indemnify and hold harmless Pinterest and its officers, directors,
`
`employees and agents, from and against any claims, suits, proceedings, disputes,
`
`demands, liabilities, damages, losses, costs and expenses, including, without
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`Copyright & Trademark
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`limitation, reasonable legal and accounting fees (including costs of defense of
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`claims, suits or proceedings brought by third parties), in any way related to (a) your
`
`access to or use of our Products, (b) your User Content, or (c) your breach of any of
`
`these Terms.
`
`Translation:
`
`If we are sued because of something your business does on Pinterest, you have to
`
`pay our costs. Also, you should have created a business account and agreed to our
`
`commercial terms in the first place.
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`
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`5
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`

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`Case 1:21-cv-01465-MN Document 14-2 Filed 12/24/21 Page 7 of 9 PageID #: 121
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`What is Pinterest?
`
`8. Disclaimers
`
`Pin Etiquette
`
`Getting Started
`
`warranty of any kind, whether express or implied.
`
`The Products and all included content are provided on an "as is" basis without
`
`Support
`
`Goodies
`
`Careers
`
`Press
`
`Team
`
`Terms & Privacy
`
`Copyright & Trademark
`
`Translation:
`
`We are building the best service we can for you but we can't promise it will be
`
`perfect. We're not liable for various things. If you think we are, let's try to work it out
`
`like adults.
`
`
`PINTEREST SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND
`
`CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
`
`AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE
`
`OF DEALING OR USAGE OF TRADE.
`
`Pinterest takes no responsibility and assumes no liability for any User Content that
`
`you or any other user or third party posts or transmits using our Products. You
`
`understand and agree that you may be exposed to User Content that is inaccurate,
`
`objectionable, inappropriate for children, or otherwise unsuited to your purpose.
`
`Translation:
`
`Unfortunately, people post bad stuff on user-generated content sites like Pinterest.
`
`We take that kind of thing seriously but you still might run into it before we have a
`
`chance to take it down. If you see bad stuff, please report it to us.
`
`
`9. Limitation of Liability
`
`TO THE MAXIMUM EXTENT PERMITTED BY LAW, PINTEREST SHALL NOT BE
`
`LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
`
`PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER
`
`INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-
`
`WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS
`
`TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY
`
`CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS,
`
`INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL
`
`CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (D) UNAUTHORIZED
`
`ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO
`
`EVENT SHALL PINTEREST'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED
`
`TO THE PRODUCTS EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS
`
`(U.S. $100.00) OR THE AMOUNTS PAID BY YOU TO PINTEREST FOR THE PAST
`
`THREE MONTHS FOR THE PRODUCTS.
`
`6
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`

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`Case 1:21-cv-01465-MN Document 14-2 Filed 12/24/21 Page 8 of 9 PageID #: 122
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`What is Pinterest?
`
`Pin Etiquette
`
`Getting Started
`
`Support
`
`Goodies
`
`Careers
`
`Press
`
`Team
`
`10. Arbitration
`
`For any dispute you have with Pinterest, you agree to first contact us and attempt
`
`to resolve the dispute with us informally. If Pinterest has not been able to resolve the
`
`dispute with you informally, we each agree to resolve any claim, dispute, or
`
`controversy (excluding claims for injunctive or other equitable relief) arising out of or
`
`in connection with or relating to these Terms by binding arbitration by the American
`
`Arbitration Association ("AAA") under the Commercial Arbitration Rules and
`
`Supplementary Procedures for Consumer Related Disputes then in effect for the
`
`AAA, except as provided herein. Unless you and Pinterest agree otherwise, the
`
`arbitration will be conducted in the county where you reside. Each party will be
`
`responsible for paying any AAA filing, administrative and arbitrator fees in
`
`accordance with AAA rules, except that Pinterest will pay for your reasonable filing,
`
`administrative, and arbitrator fees if your claim for damages does not exceed
`
`$75,000 and is non-frivolous (as measured by the standards set forth in Federal
`
`Rule of Civil Procedure 11(b)). The award rendered by the arbitrator shall include
`
`Terms & Privacy
`
`costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and
`
`other witnesses, and any judgment on the award rendered by the arbitrator may be
`
`Copyright & Trademark
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`entered in any court of competent jurisdiction. Nothing in this Section shall prevent
`
`either party from seeking injunctive or other equitable relief from the courts for
`
`matters related to data security, intellectual property or unauthorized access to the
`
`Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL
`
`CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED
`
`CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE
`
`OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE
`
`PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU
`
`AND PINTEREST ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO
`
`PARTICIPATE IN A CLASS ACTION.
`
`11. Governing Law and Jurisdiction
`
`These Terms shall be governed by the laws of the State of California, without
`
`respect to its conflict of laws principles. We each agree to submit to the personal
`
`jurisdiction of a state court located in Santa Clara County, California or the United
`
`States District Court for the Northern District of California, for any actions not
`
`subject to Section 11 (Arbitration).
`
`Our Products are controlled and operated from the United States, and we make no
`
`representations that they are appropriate or available for use in other locations.
`
`Translation:
`
`The Bay Area is beautiful this time of year. It's doesn't matter what time of year it is,
`
`that's what's so great! Anyway, you'll have to sue us here.
`
`
`7
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`

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`Case 1:21-cv-01465-MN Document 14-2 Filed 12/24/21 Page 9 of 9 PageID #: 123
`
`What is Pinterest?
`
`Pin Etiquette
`
`Getting Started
`
`Support
`
`Goodies
`
`Careers
`
`Press
`
`Team
`
`Translation:
`
`The Bay Area is beautiful this time of year. It's doesn't matter what time of year it is,
`
`that's what's so great! Anyway, you'll have to sue us here.
`
`
`12. General Terms
`
`Notification Procedures and changes to these Terms. Pinterest reserves the right to
`
`determine the form and means of providing notifications to you, and you agree to
`
`receive legal notices electronically if we so choose. We may revise these Terms from
`
`time to time and the most current version will always be posted on our website. If a
`
`revision, in our sole discretion, is material we will notify you. By continuing to access
`
`or use the Products after revisions become effective, you agree to be bound by the
`
`revised Terms. If you do not agree to the new terms, please stop using the Products.
`
`Terms & Privacy
`
`Translation:
`
`Copyright & Trademark
`
`If we're making a big change to the terms, we'll let you know.
`
`
`Assignment. These Terms, and any rights and licenses granted hereunder, may not
`
`be transferred or assigned by you, but may be assigned by Pinterest without
`
`restriction. Any attempted transfer or assignment in violation hereof shall be null and
`
`void.
`
`Entire Agreement/Severability. These Terms, together with the Privacy Policy and
`
`any amendments and any additional agreements you may enter into with Pinterest
`
`in connection with the Products, shall constitute the entire agreement between you
`
`and Pinterest concerning the Products. If any provision of these Terms is deemed
`
`invalid, then that provision will be limited or eliminated to the minimum extent
`
`necessary, and the remaining provisions of these Terms will remain in full force and
`
`effect.
`
`No Waiver. No waiver of any term of these Terms shall be deemed a further or
`
`continuing waiver of such term or any other term, and Pinterest's failure to assert
`
`any right or provision under these Terms shall not constitute a waiver of such right
`
`or provision.
`
`Translation:
`
`These three legal passages are part of just about every online terms agreement.
`
`Basically, they ensure that a deal is a deal when you're using a site, including
`
`Pinterest.
`
`
`View Past Terms of Service —
`
`
`Scroll
`to Top
`
`8
`
`