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Cairo v. Crossmedia: Difference between revisions
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Crossmedia filed a motion that Cairo bring its action in Chicago, instead of northern California, in accordance with Crossmedia's ToS. | Crossmedia filed a motion that Cairo bring its action in Chicago, instead of northern California, in accordance with Crossmedia's ToS. | ||
|issues=Is a '''forum-selection clause''' in a website's stated terms of use binding on a party that made repeated & automated use of the website? | |||
|holding=Yes. A forum-selection clause in a website's stated terms of use is binding on a party that made repeated & automated use of the website. | |||
|case_text_links={{Infobox Case Brief/Case Text Link | |case_text_links={{Infobox Case Brief/Case Text Link | ||
|link=https://www.quimbee.com/cases/cairo-inc-v-crossmedia-services-inc | |link=https://www.quimbee.com/cases/cairo-inc-v-crossmedia-services-inc |
Latest revision as of 13:55, August 23, 2023
Cairo v. Crossmedia | |
Court | Northern District of California |
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Citation | 2005 WL 756610 |
Date decided | April 1, 2005 |
Facts
Crossmedia Services, Inc. ("Crossmedia") contracted with several retailers to create interactive versions of promotional contents for them.
In 2004, Cairo, Inc. ("Cairo") launched a website that allowed users to access information on local retail sales. Cairo exploited robots, automated computer programs, to obtain sales data.
Cairo was copying data from Crossmedia's websites in violation of Crossmedia's ToS (terms of service, terms of use).
Crossmedia sent Cairo a "cease & desist" letter because of scraping & deep-linking.Procedural History
Cairo filed a legal suit against Crossmedia in federal court.
Crossmedia filed a motion that Cairo bring its action in Chicago, instead of northern California, in accordance with Crossmedia's ToS.Issues
Is a forum-selection clause in a website's stated terms of use binding on a party that made repeated & automated use of the website?
Holding
Yes. A forum-selection clause in a website's stated terms of use is binding on a party that made repeated & automated use of the website.