Cairo v. Crossmedia

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Cairo v. Crossmedia
Court Northern District of California
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.

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