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We hold a broad collection of intellectual property rights, including
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those related to our brand; certain content and design elements on our
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platform; our code and our data; inventions and processes related to our
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platform, services, and research and development efforts; an extensive
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repository of wholly-owned audio and visual assets; marketing and
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promotional concepts and materials; a collection of editorial content;
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and certain entertainment-related assets. This includes registered
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domain names, registered and unregistered trademarks, service marks, and
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copyrights, patents, and patent applications, trade secrets, licenses of
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intellectual property rights of various kinds, and other forms of
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intellectual property rights in the United States and in a number of
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countries around the world. In addition, to further protect our
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proprietary rights, from time to time we have purchased patents,
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trademarks, domain name registrations, and copyrights from third
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parties. In the future we may acquire or license additional patents or
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patent portfolios, or other intellectual property assets and rights from
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third parties, which could require significant cash expenditures.
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We rely on a combination of trademark, patent, copyright, and trade
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secret laws, international treaties, our terms of service, other
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contractual provisions, user policies, restrictions on disclosure,
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technological measures, and confidentiality and inventions assignment
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agreements with our employees and consultants to protect our
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intellectual property assets from infringement and misappropriation. Our
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pending and future trademark, patent, and copyright applications may not
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be approved. Furthermore, effective intellectual property protection may
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not be available in every country in which we operate or intend to
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operate our business. There can be no assurance that others will not
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offer technologies, products, services, features, or concepts that are
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substantially similar to ours and compete with our business, or copy or
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otherwise obtain, disclose and/or use our brand, content, design
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elements, creative, editorial, and entertainment assets, or other
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proprietary information without authorization. We may be unable to
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prevent third parties from seeking to register, acquire, or otherwise
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obtain trademarks, service marks, domain names, or social media handles
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that are similar to, infringe upon or diminish the value of our
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trademarks, service marks, copyrights, and our other proprietary rights.
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Third parties have also obtained or misappropriated certain of our data
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through website scraping, robots, or other means to launch copycat
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sites, aggregate our data for their internal use, or to feature or
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provide our data through their respective websites, and/or launch
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businesses monetizing this data. While we routinely employ technological
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and legal measures in an attempt to divert, halt, or mitigate such
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operations, we may not always be able to detect or halt the underlying
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activities as technologies used to accomplish these operations continue
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to rapidly evolve.
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Our intellectual property assets and rights are essential to our
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business. If the protection of our proprietary rights and data is
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inadequate to prevent unauthorized use or misappropriation by third
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parties, the value of our brand and other intangible assets may be
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diminished and competitors may be able to more effectively mimic our
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technologies, offerings, or features or methods of operations. Even if
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we do detect violations or misappropriations and decide to enforce our
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rights, litigation may be necessary to enforce our rights, and any
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enforcement efforts we undertake could be time-consuming and expensive,
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could divert our management' attention, and may result in a court
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determining that certain of our intellectual property rights are
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unenforceable. If we fail to protect our intellectual property and data
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in a cost-effective and meaningful manner, our competitive standing
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could be harmed; our Hosts, guests, other consumers, and corporate and
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community partners could devalue the content of our platform; and our
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brand, reputation, business, results of operations, and financial
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condition could be materially adversely affected.
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*We have been, and may in the future be, subject to claims that we or
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others violated certain third-party intellectual property rights, which,
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even where meritless, can be costly to defend and could materially
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adversely affect our business, results of operations, and financial
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condition.*
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The Internet and technology industries are characterized by significant
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creation and protection of intellectual property rights and by frequent
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litigation based on allegations of infringement, misappropriation, or
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other violations of such intellectual property rights. There may be
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intellectual property rights held by others, including issued or pending
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patents, trademarks, and copyrights, and applications of the foregoing,
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that they allege cover significant aspects of our platform,
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technologies, content, branding, or business methods. Moreover,
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companies in the Internet and technology industries are frequent targets
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of practicing and non-practicing entities seeking to profit from
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royalties in connection with grants of licenses. Like many other
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companies in the Internet and technology industries, we sometimes enter
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into agreements which include indemnification provisions related to
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intellectual property which can subject us to costs and damages in the
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event of a claim against an indemnified third party.
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We have received in the past, and may receive in the future,
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communications from third parties, including practicing and
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non-practicing entities, claiming that we have infringed, misused, or
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otherwise misappropriated their intellectual property rights, including
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alleged patent infringement. Additionally, we have been, and may in the
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future be, involved in claims, suits, regulatory proceedings, and other
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proceedings involving alleged infringement, misuse, or misappropriation
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of third-party intellectual property rights, or relating to our
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intellectual property holdings and rights. While a number of the
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infringement claims raised against us have been based on our use or
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implementation of third-party technologies for which those third parties
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