Class Relief. For U.S. users, Facebook agrees to take the following measures within a reasonable time not to exceed six months following the Final Settlement Date:
(a) Revision of Facebook’s Terms of Use. In addition to other changes Facebook reserves the right to make to section 10.1 of its Statement of Rights and Responsibilities, Facebook will revise section 10.1 to include language reading substantially as follows: Our goal is to deliver advertising and other commercial or sponsored content, such as Facebook Ads and Sponsored Stories, that is valuable to our users and advertisers. In order to help us do that, you agree to the following: You give us permission to use your name, profile picture, content, and information in connection with commercial, sponsored, or related content (such as a brand you like) served or enhanced by us. This means, for example, that you permit a business or other entity to pay us to display your name and/or profile picture with your content or information. If you have selected a specific audience for your content or information, we will respect your choice when we use it. If you are under the age of eighteen (18), or under any other applicable age of majority, you represent that at least one of your parents or legal guardians has also agreed to the terms of this section (and the use of your name, profile picture, content, and information) on your behalf.
(b) User Visibility and Control Over Sponsored Stories. Facebook will create an easily accessible mechanism that enables users to view, on a going-forward basis, the subset of their interactions and other content on Facebook that have been displayed in Sponsored Stories (if any). Facebook will further engineer settings to enable users, upon viewing the interactions and other content that are being displayed in Sponsored Stories, to control which of these interactions and other content are eligible to appear in additional Sponsored Stories. Without limiting the foregoing, but for the sake of clarity, these settings will include the ability to enable users to prevent individual interactions and other content (or categories of interactions and other content) from appearing in additional Sponsored Stories.
Class Relief. The Parties agree as follows:
8.1 Comcast will provide a Settlement Fund of fifty million dollars ($50,000,000) in cash and services to the Philadelphia Settlement Class. Subject to paragraphs 8.2 through 8.8 below, the Settlement Fund shall be comprised of (1) sixteen million six hundred and seventy thousand dollars ($16,670,000) cash (the “Settlement Cash Amount”), and (2) services valued at thirty-three million three hundred and thirty thousand dollars ($33,330,000) (the “Settlement Credits”). There will be no reverter of any portion of the Settlement Fund to Comcast.
Class Relief. Defendant is directed to provide the Settlement Fund to the Settlement Administrator according to the terms and timeline stated in the Settlement Agreement. The Settlement Administrator is further directed to issue payments to each Settlement Class Member who submitted a valid and timely Claim Form (i.e., each Authorized Claimant) according to the terms and timeline stated in the Settlement Agreement.
Class Relief. The Settlement Administrator will issue a payment to each Class 5 Member who elected to receive payment in accordance the provisions of the Agreement. Any 6 unused funds in the Net Settlement Amount shall be paid to the cy pres recipient specified in the
Class Relief. The Settlement Class shall be entitled to the relief detailed in Article V of this Settlement Agreement.
Class Relief. For its part of the Settlement, Defendant shall, within fifteen (15) days after the entry of an order preliminarily approving the Settlement (“Preliminary Approval”), cause to be deposited a total sum Five Hundred Thousand Dollars ($500,000) (the “Initial Settlement Deposit”) in an account established by the Settlement Administrator for the sole purpose of effectuating this Settlement (the “Settlement Fund Account”). Defendant shall, within thirty (30) days after the Effective Date of the Settlement (as defined in Section O, below), cause to be deposited Three Million Five Hundred Thousand Dollars ($3,500,000) (the “Final Settlement Deposit”) in the Settlement Fund Account (collectively, with the Initial Settlement Deposit, the “Total Settlement Fund Deposits”). Under no circumstances shall Defendant be obligated to deposit any additional funds, or make any further payments, under this Agreement. It shall be a material term of this Settlement that the entirety of the funding for all fees and expenses of Class Counsel shall come only from the Total Settlement Fund. The Total Settlement Fund shall cover in full all financial obligations of Defendant imposed by or incurred under this Settlement, including, but not limited to, all payments made to Class Members, all administrative costs associated with the undertaking and completion of this Settlement, all attorneys’ fees and costs the Court may award to Class Counsel, and any payment the Court may award to the Class Representative. This Settlement does not impose on Defendant, nor otherwise provide for, any equitable remedies, prospective or otherwise, including declaratory or injunctive relief. If the Settlement does not obtain Final Approval, any unused funds in the Settlement Fund Account shall be refunded to Udemy, together with any interest accrued thereon, within fifteen (15) days after the entry of the order denying Final Approval, unless the Parties agree otherwise in writing at that time.
Class Relief. IHP is directed to provide the Settlement Fund to the Settlement Administrator according to the terms and timeline stated in the Settlement Agreement. The Settlement Administrator is further directed to issue payments to each Settlement Class Member who submitted a valid and timely Claim Form (i.e., each Authorized Claimant) according to the terms and timeline stated in the Settlement Agreement.
Class Relief. Sharecare has conducted a search of its electronic records to identify all Qualifying Transactions during the Class Period. Class Counsel has received the information provided by Sharecare and has conducted discovery into the accuracy of the information provided by Sharecare, as well as the identities and claimed damages of the Settlement Class Members. Based upon this information and discovery, and after evaluating the strengths and weaknesses of the various claims and defenses, Class Counsel has determined that a settlement of the Settlement Class Members’ claims in the sum of $38,434.00 is fair, reasonable, and adequate. The $38,434.00 figure represents full reimbursement of all of the allegedly improper charges during the Class Period.
(a) Sharecare will pay $38,434.00 (the “Settlement Fund”) in full and final settlement of all claims that were, or could have been, asserted in the Action, including, without limitation, any and all claims for damages, reimbursement, disgorgement, and/or any other amounts sought by Plaintiff or the Settlement Class Members in connection with the Action.
(b) Each Settlement Class Member shall have an Allowed Claim equal to the amount of the allegedly improper per-page copying charges paid in connection with each Qualifying Transaction involving the Class Member less (1) a pro-rata share of any incentive award to the Named Plaintiff and (2) any other costs or expenses (such as additional forms of notice beyond the Publication Notice) that are to be paid out of the Settlement Fund. For purposes of this calculation, any allegedly improper copies are priced at the lowest per- page copying charge permissible based upon the overall number of pages in the record set. For example, for a record set consisting of 125 pages, of which three (3) pages are allegedly improper copies, the three (3) pages are priced at the lower per-page rate applied under M.G.L. c. 111, § 70 (as adjusted) for copies after the first 100 pages of records.
Class Relief. (a) Sharecare will pay $38,434.00 (the “Settlement Fund”) in full and final settlement of all claims that were, or could have been, asserted in the Action, including, without limitation, any and all claims for damages, reimbursement, disgorgement, and/or any other amounts sought by Named Plaintiff or the Settlement Class Members in connection with the Action.
(b) Each Settlement Class Member shall have an Allowed Claim equal to the amount of the allegedly improper per-page copying charges paid in connection with each Qualifying Transaction involving the Class Member Member less (1) a pro-rata share of any incentive award to the Named Plaintiff and (2) any other costs or expenses (such as additional forms of notice beyond the Publication Notice) that are to be paid out of the Settlement Fund.. For purposes of this calculation, any allegedly improper copies are priced at the lowest per-page copying charge permissible based upon the overall number of pages in the record set. For example, for a record set consisting of 125 pages, of which three (3) pages are allegedly improper copies, the three (3) pages are priced at the lower per-page rate applied under M.G.L. c. 111, § 70 (as adjusted) for copies after the first 100 pages of records.
Class Relief. TCP will issue Voucher(s) to each Class Member who 11 submitted a valid and timely Claim Form (i.e., each Authorized Claimant) according 12 to the terms and timeline stated in the Settlement Agreement.
