Terms of Service
Last Updated as of February 14, 2014
1. How it Works
Weleet is an online platform that connects people working from home, coffee shops, public spaces, or in small offices and enables them to share workspace and network within the community of freelancers, entrepreneurs and small business owners (the “Services”). Weleet does not own, sell, resell, furnish, provide, rent, manage and/or control any of these workspaces listed on the Site. Weleet's responsibilities are limited to facilitating the availability and the operation of the Site. The Site and the Services are intended solely for persons who are 18 or older.
WELEET CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY OF THE LISTINGS, INCLUDING ITS ACCURACY, SUITABILITY, LEGALITY AND CONDITION. WELEET IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO OR ARISING FROM THE LISTINGS, WORKSPACES AND CONDUCT OF MEMBERS. ALL BOOKINGS MADE THROUGH THE SITE ARE MADE AT MEMBERS' OWN RISK.
A. Becoming an Awesome Member. In order to access the Site, you need to register and create an account (each, a “Weleet Account”). You can register by using your email address or through Facebook. As part of registration, you will be asked to take a compatibility test, and create a personal profile. Here, you will be asked to respond to the required questions (first name, last name, title, zipcode) and optional ones (organization, interests, birthday, LinkedIn page, phone numbers). Once you complete your profile, you will become a general member of Weleet. On the Site, we refer to general members as Awesome Members. As an Awesome member, you may view other members' profiles and the workspaces they offer to share. You can schedule and manage workgroups, book available workspaces, and list your own workspace.
B. Becoming an Awesomer Member. You also have an option to upgrade to premium membership, which we refer to as Awesomer membership. Although Awesomer membership is free during the beta version of the Site, Weleet intends in the future to charge Awesomer members a monthly subscription fee. As an Awesomer member, you can create your own community within Weleet, post ratings and reviews, connect with others, and send invites and requests to share space.
C. Rules Relating to Weleet Accounts. Weleet will create your Weleet Account and profile page for your use on the Site based on the information that you provided. You may only have one (1) Weleet Account. Weleet does not confirm, any member's identity. You are responsible for determining the identity and suitability of other members you contact through the Site. You agree to provide to Weleet accurate, current and complete information and to update it as needed. Weleet reserves the right to suspend or terminate your Weleet Account and your access to the Site and the Services if you create more than one (1) account or if any information that you provide is not accurate, current and complete. By using the Site and/or the Services, you agree to limit any legal remedy or liability that you seek to obtain for actions or omissions of other members or other third parties to a claim against the particular member or other third party who caused you harm. You agree not to attempt to impose liability on, or seek any legal remedy from, Weleet with respect to any such actions or omissions.
D. Creating Listings. As a member, you can create your own listings of workspaces. To do so, you will have to answer a number of questions and provide certain information, including location, physical address, capacity, size, features, availability, additional rules, payment terms, if any, and other conditions. Listings will be available for search, viewing and booking by all Weleet members.
You acknowledge and agree that you are responsible for all listings you post. You represent and warrant that when listing your workspace:
• You will not breach any agreements you have entered into with any third parties;
• You will be in compliance with all applicable laws, including tax laws;
• The listing does not and will not conflict with the rights of any third party.
Weleet assumes no responsibility for your compliance with applicable laws, and reserves the right, at any time and without notice, to remove or disable access to any listing for any reason.
Weleet recommends that you consider obtaining appropriate insurance prior to listing your workspace. You should review any insurance policy carefully, including any deductibles and exclusions, and whether the policy coverage extends to actions or inactions by other Weleet members who will share your workspace.
2. Intellectual Property
Unless specifically noted, Weleet owns all of the trademarks, service marks and domain names displayed on the Site, whether registered or unregistered, including but not limited to, the name Weleet, our logo, our design patterns and our other graphics, weleet.co website trade dress, and other indicia of origin of Weleet products and services. The use of our intellectual property is strictly prohibited, unless we have granted our prior written consent.
The content of the Site, including text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and any other works of authorship, both individually and as they are compiled on the Site (“Content”), and software used on this Site, are the property of Weleet or third parties, and are protected by copyright and other United States and foreign intellectual property and related laws, rules and regulations. The Content includes both material owned or controlled by Weleet (“Weleet Content”), and material owned or controlled by third parties and licensed to Weleet, including Member Content (as further described in Section 4 below). Any use of the Content not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark and other laws. You agree to abide by all copyright notices, information, or restrictions contained in or attached to any of the Content.
3. License Grant and Content
You may not systematically retrieve data or other content from the Site to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise. You may not display any portion of the Site in a frame (or any content from the Site through in-line links) without our prior written consent, which may be requested by contacting us at email@example.com. You may, however, establish ordinary links to the homepage of the Site without our written permission, and you may make use of embedded HTML “widgets” if we have provided the HTML code.
4. Member Content
As a member of the Weleet community, you may post, upload, publish, submit or transmit your content (“Member Content”). You understand that whether or not such Member Content is published, we do not guarantee any confidentiality with respect to any Member Content.
You shall be solely responsible for your own Member Content and the consequences of posting or publishing it. In connection with Member Content, you affirm, represent and warrant that (i) you own or have the necessary licenses, rights, consents and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all of your Member Content to enable use of the Member Content in the manner contemplated by the Site and this Agreement and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Weleet's use of the Member Content on, through or by means of the Site, will infringe, misappropriate or violate a third party's patent, trademark, trade secret, copyright or other proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
For clarity, you retain all of your ownership rights in your Member Content. By submitting your Member Content to the Site, you hereby grant us a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sub-licenseable and transferable license to access, view, use, reproduce, adapt, modify, distribute, sell, stream, broadcast, prepare derivative works of, publicly display, publicly perform and otherwise exploit such Member Content in connection with the Site and our business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any and all media formats and through any and all media channels. You agree that you will not submit material that is: (a) copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including without limitation privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner(s) to post the material and to grant us all of the license rights granted herein; and/or (b) contrary to applicable local, national, and international laws and regulations.
Any opinions and recommendations members express on the Site are those of the persons expressing such views and not those of Weleet. We neither endorse the content of your communications, postings or data, nor assume any responsibility for any threatening, libelous, obscene, harassing or offensive material contained in such materials or any crime facilitated by use of the Site. You agree to hold us and our affiliates, employees and agents free of responsibility for any potentially damaging Member Content posted by you.
You agree and understand that by creating a Weleet account and profile, posting reviews or listings, you will be exposing your personal information to others. Under no circumstances will Weleet be liable for any consequences resulting from you sharing your information with other people, including, but not limited to, for any errors or omissions, or for any loss or damage of any kind incurred as a result of such actions. You release Weleet from any claims related to the sharing of your information through the listings, including personally identifiable information. You acknowledge that Weleet has no control over, and no duty to take any action regarding: which persons gain access to your information that you share with others; what effects this may have on you; and how you and the others may use information received through the sharing of your profile and listings with third parties. Further, you acknowledge that Weleet will not pre-screen users or information they submit to the Site.
6. Community Guidelines
By accessing and using the Site, you agree that you will not use the Site and the Service for any unlawful or prohibited purpose, or interfere with any other member's use and enjoyment of the Site. You may not attempt, through any means, to gain unauthorized access to any part of the Site or the Service, other account, computer system or network connected to our server. Weleet reserves the right, in its sole discretion, to monitor any and all use of the Site and remove any Member Content at any time.
Without limiting the foregoing, you will not use the Site and the Services to:
(a) post or otherwise transmit any Member Content that (i) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful racially, ethnically or otherwise objectionable; (ii) depicts or advocates the use of illicit drugs; (iii) makes use of offensive language or images; (iv) you do not have a right to transmit under any law or under contractual or fiduciary relationships; (v) poses or creates a privacy or security risk to any person; (vi) infringes any intellectual property or other proprietary rights of any party; (vii) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (viii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (ix) in the sole judgment of Weleet, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Weleet or its users to any harm or liability of any type;
(b) violate any applicable local, state, national, international or other law or regulation, or any order of a court, including as it concerns online conduct and acceptable content;
(c) further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
(d) advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
(e) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
(f) interfere with, disrupt or damage the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
(g) use the Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
(h) harvest or collect email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
(i) “stalk” or harass any other user of the Services or collect or store any information about any other user;
(j) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services;
(k) register for more than one user account or register for a user account on behalf of an individual other than yourself;
(l) transfer or sell your account and/or username to another party;
(m) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
(n) use automated scripts to access, search collect information or otherwise interact with the Services (including without limitation robots, spiders or scripts) or use any robot, spider, other automatic device, or manual process to extract, “screen scrape,” monitor, “mine,” or copy any static or dynamic web page on the Site or the Content contained on any such web page for commercial use without our prior express written permission;
(o) provide a link to any other website;
(p) use, reproduce, duplicate, copy, sell, resell or exploit: (i) any portion of the Site or Services; (ii) your use of the Site or Services, or (iii) your access to the Site or Services, in each case for any purpose other than for which the Site or Services are being provided to you; or
(q) advocate, encourage, or assist any third party in doing any of the foregoing.
7. Password and Account Security
You are solely responsible for maintaining the confidentiality of your password(s) associated with any account you use to access the Services. Accordingly, you understand and agree that you are solely responsible for any and all activities that occur under your account.
You agree to (a) immediately notify us at firstname.lastname@example.org of any unauthorized use of account or any other breach of security, and (b) ensure that you log off and exit from your account at the end of each session when accessing the Services. Weleet will not be liable for any loss or damage arising from your failure to comply with this Section 7.
8. Errors and Inaccuracies
Our goal is to provide complete, accurate, up-to-date information on our Site. However, it is not possible to ensure that any website is completely free of typographical mistakes, and human or technological errors. We cannot warrant that all Content on this Site is error-free and without inaccuracy or omission, or that all information is complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
9. Export Control
The Site is controlled and operated by Weleet from the United States. We do not represent or warrant that the Site, or any part thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. You also are subject to the United States export controls in connection with your use of the Site and/or products and services related thereto and are responsible for any violations of such controls, including, without limitation, any United States embargoes or other federal rules and regulations restricting exports. We may limit the availability of the Site, in whole or in part, to any person, geographic area or jurisdiction that we choose, at any time and in our sole discretion.
10. External Links
This Agreement applies only to the Site. In using the Services, you may be exposed to content and information, for example, data, text, files, information, usernames, graphics, images, photographs, profiles, audio, video, messages, services or links, from other users or third parties (“Third-Party Content”), either at the Site or through links to third-party websites. Because we do not review, monitor, operate or control any such Third-Party Content, you acknowledge and agree that we are not responsible for the availability of such websites and do not endorse and are not responsible or liable, directly or indirectly, for any content, advertising, products, services or other materials on or available from such websites. We make no guarantees, representations or warranties as to, and shall have no liability for, any content delivered by any third party, including, without limitation, the accuracy or subject matter of any content, or the use of any personal information you provide to any such website. You acknowledge and agree that use of such links is entirely at your own risk. We may discontinue links to any other website at any time and for any reason.
11. Disclaimer of Warranties
YOU ACKNOWLEDGE AND AGREE THAT WELEET DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, BUT MAY DO SO IN ITS SOLE DISCRETION. ALL INFORMATION AVAILABLE AT OUR SITE IS PROVIDED ON “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE AND OUR SHAREHOLDERS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SITE AND THE SERVICES IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT THE SERVICES YOU OBTAIN THROUGH OUR SITE WILL MEET YOUR EXPECTATIONS AND REQUIREMENTS, BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, WILL BE OF A CERTAIN QUALITY, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR THE TECHNOLOGY THAT MAKES IT AVAILABLE, ARE IMMUNE TO HACKER ACTIVITY, ELECTRONIC OR NON-ELECTRONIC TAMPERING, COMPUTER CRIME OR THEFT. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE AND SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, CURRENTNESS, OR OTHERWISE. YOU (AND NOT WE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT WELEET DOES NOT MAKE ANY ATTENPT TO VERIFY THE STATEMENTS OF MEMBERS OF THE SITE, OR REVIEWS OR VISITS ANY WORKSPACES LISTED ON THE SITE. WELEET MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OF THE SITE OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBER OF THE SITE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS.
Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
12. Limitation of Liability
IN NO EVENT SHALL WE AND OUR SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE AND THE SERVICES OR WITH THE DELAY OR INABILITY TO USE THE SITE AND THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE AND THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE OR ANY OF OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETING WITH OTHER MEMBERS OF THE SITE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OF INFORMATION THROUGH THE SITE, INJURY TO PERSONAL PROPERTY, BODILY INJURY OR EMOTIONAL DISTRESS, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY AGREE THAT WE, OUR SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES WILL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE WELEET SITE OR THE SERVICES. IN NO EVENT WILL WELEET'S OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SUCCESSORS, OR AFFILIATES' TOTAL LIABILITY TO YOU OR ANY THIRD PARTY FROM ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SITE OR THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EXCEED THE AMOUNT OF $250.
Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to defend, indemnify and hold harmless us, our shareholders, officers, employees, agents and representatives, from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys' fees) arising out of or accruing from (a) your access to or use of the Site, the Services or the Content, or your violation of this Agreement, (b) your Member Content, or (c) your (i) interaction with any Member, (ii) booking of any listings, (iii) creating any listings, or (iv) the use of any workspace listed on the Site by you, including but not limited to, any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of your use of workspace listed on the Site.
15. Right to Discontinue Services
Weleet may, in our sole discretion and without liability to you or to any third party, with or without cause, with or without notice suspend or discontinue, temporarily or permanently, the Site and the Services (or any part thereof) and/or deactivate or cancel your Weleet account. You may also cancel your Weleet account at any time via the cancel account feature of the Services or by sending us an email at email@example.com. Please note that if your Weleet account is cancelled, Weleet does not have an obligation to delete or return to you any Content you have posted to the Site, including any reviews or feedback. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR SERVICES.
16. Copyright Notice Policy
Weleet respects copyright law and expects its Members to do the same. Please see Weleet's Copyright Notice Policy HERE for further information.
(a) Reservation of Rights. We reserve all rights not expressly granted by this Agreement.
(b) Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. You hereby consent to the exclusive jurisdiction and venue of courts in New York, New York regarding any and all disputes relating to this Agreement or your use of the Site.
(c) Arbitration. Any controversy, dispute or claim arising out of or relating to this Agreement or the Site shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association (“AAA”). The arbitration shall be before a single arbitrator. Any such controversy, dispute or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any controversy, dispute or claim of any other party. The arbitration shall be conducted in the State of New York, and under the laws of the State of New York (without giving effect to conflict of law principles), and judgment on the arbitration award may be exclusively entered in any court having jurisdiction thereof within the State of New York. Nothing herein shall limit the right for us to seek any interim or preliminary equitable or injunctive relief from a court of competent jurisdiction necessary to enforce any right under this Agreement pending the completion of arbitration. Each party shall bear one-half of the costs of the arbitration, including the fees incurred through AAA. You expressly consent to and waive any objection which you may have or hereafter have to the venue or jurisdiction of any such action, suit or proceeding as set forth herein. Notwithstanding this Agreement to arbitrate, either you or we may bring an individual action in small claims court. Additionally, notwithstanding this Agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in New York, New York in order to maintain the status quo pending the arbitrator's ruling. A request for interim measures shall not be deemed a waiver of the right to arbitrate.
(d) Material Terms. You acknowledge and agree that the warranty disclaimers and liability and remedy limitations in this Agreement are material terms of this Agreement and that they have been taken into account in the decision by us to provide the Site.
(e) Severability. If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable, that term or provision will be deemed modified to the extent necessary to render such term or provision enforceable, and the terms and conditions hereunder will be construed and enforced accordingly, preserving to the fullest permissible extent the intent of this Agreement.
(f) Assignment; Waiver. You may not at any time transfer, assign or delegate any of your rights, obligations or privileges hereunder; we may do so at any time. Any assignment of the foregoing other than as provided for in this section shall be null and void. No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default.
(g) Complete Agreement. This Agreement, including any references mentioned and incorporated herein, together with such changes as may be subsequently made by we, constitutes the complete agreement between you and us, our subsidiaries, affiliated companies, licensors, and those third parties assisting in the operation of the Site with respect to the subject matter of this Agreement and supersedes all prior agreements and understandings, written or oral. This Agreement may not be amended by the user. This Agreement supersedes any previous quotations, correspondence, or other communications, written or oral, between you and us.