The following Terms and Conditions (“Terms”) describe your rights and obligations with respect to
the Premises and Services under the Agreement between You and Limelight, LLC, as executed
contemporaneously herewith. The terms and provisions of that Agreement are incorporated as though
fully written below.
BY EXECUTING THIS DOCUMENT, ACCESSING THE PREMISES, AND/OR USING ANY SERVICES, YOU AGREE TO ABIDE
BY AND BE BOUND BY THE FOLLOWING TERMS:
“Services” means your
(i) use or receipt of any services in connection with
your Membership, Day Pass, conference room use, or any other use of space in the
(ii) access to and use of our online Member Portal (hereinafter defined),
(iii) any Limelight events, whether member-only or open to non-members, and whether located on the Premises or any other location, and
(iv) any other related services, features or offerings in connection with each of the foregoing.
Additional Services may be made available to you at the Premises or by Limelight in Limelight’s sole discretion. For more
information about additional Services, please submit a request at firstname.lastname@example.org. Additional Terms may apply to any
such additional Services, and to the extent you use any such additional Services, you are agreeing
to abide by and be bound by any such additional Terms.
Your Membership is exclusive and personal, and does not entitle you to extend access to the
Services or Premises to any third parties. The availability and scope of the Services are subject
to change from time to time in Limelight’s sole discretion. Without limiting the generality
of the foregoing, you acknowledge that the Premises, and the Services Limelight may
offer at the Premises, are also subject to change from time to time. From time to
time, Limelight may also make modifications, deletions or additions to these Terms and will provide
you with notice via email and via a message board post on the Member Portal of any such changes to
these Terms or to Services that apply to you. Unless otherwise set forth in the Agreement or
these Terms, such modifications shall be effective immediately upon notice of the same by
2. PAYMENTS. You hereby acknowledge and agree that you have purchased certain Services
in accordance with the Agreement. By entering into the Agreement and these Terms, and providing
your payment information in connection with the same, you hereby agree to pay us the recurring or
nonrecurring fees set forth in the Agreement, for other Services purchased by you, or as such
purchased Services are updated from time to time upon notice to you. You acknowledge and agree
that the payment method provided by you will result in the fees and charges associated
with your Membership and/or your Services being automatically debited each month as further set
forth herein. All recurring fees shall be charged to your payment method on the first (1st) day of
each month. Overage fees and any other nonrecurring fees shall be charged to your payment method
within thirty (30) days following your accruing of such fees.
If any amount due, whether recurring or otherwise, is not paid within five (5) days within the date
such payment is due, you will automatically be charged a late fee in the amount of Fifty and 00/100
Dollars ($50.00). Any payments received shall first apply to the late charges, then to any
outstanding fees, and then to current fees due. All payments made by you or automatically deducted
by Limelight shall be nonrefundable.
Notwithstanding anything contained in the Agreement or these Terms to the contrary, Limelight
reserves the right to modify any fees upon notice to you through the Member Portal. Any changes
in fees by Limelight shall become effective on the immediately following subscription period. Your
continued use of the Services following notice of any such fee modifications through the next such
payment date constitutes your agreement to such modified fees.
3. MEMBER PORTAL. To use the Services, you will be required to use the
online member portal (the “Member Portal”) provided by Limelight to you. To use the Member
Portal, you will need to (i) register an account at limelight.cobot.me (a “Profile”), and
(ii) agree to the Privacy and Network Policy attached hereto and incorporated herein as Exhibit A.
Notwithstanding anything contained in these Terms to the contrary, you hereby acknowledge and
agree that you shall not use the Member Portal for any (i) advertising, promoting, or sale of any
products or services, (ii) non-work use or use un-related to your purchase of Services, or (iii)
any unlawful use.
As a confidentiality option, you may choose to limit the use of your Profile to Limelight and your
Company (defined below) ONLY, and restrict use of your information in our online community network
of Limelight Membership (the “Directory”). We strongly recommend your participation in the
Directory in order to enhance your own business prospects, and create a strong interconnected
network of individuals and organizations.
You are solely responsible for maintaining the confidentiality of your Profile, and hereby agree
not to reveal or share your password or credentials with any other person, unless otherwise
permitted under your Agreement. You hereby agree to promptly notify Limelight if you suspect that
our password and/or Profile has been compromised. Limelight expressly disclaims any duties that may
arise, express or implied, from its access to information you provide on the portal, and you
expressly authorize Limelight to use or disclose any marks, names, trade dress, intellectual
property, or information without notice and in perpetuity for any purpose, commercial or
4. LINKING TO A COMPANY. During the registration process, you may identify a
Company (defined below) with whom your Profile is associated. Alternately, your
individual Profile may have been created by an authorized representative of your employer or
other entity for which you provide services (a “Company”), and your Profile will be associated with
such Company. You agree that you will not falsely represent your association with any Company,
impersonate any third party, or otherwise submit or present any false or misleading information to
us or the Limelight community. In the event your relationship with the Company in your Profile
changes or ends, you agree to promptly update your Profile to reflect this, or submit a request to
do so at email@example.com. If your Services are provided by or through a Company, you may
lose access to the Services upon termination or change in status of your relationship with such
Company. If you are an authorized representative of an entity receiving the Services, you
hereby warrant and represent to us that (a) you have the proper authority to create,
terminate and maintain your Profile and to add and remove individual members to and from your
Profile and (b) you have obtained all necessary consent from any applicable individuals for the
creation of such Profile. You agree to indemnify us for any loss we may suffer as a result of any
breach of these warranties and representations.
5. ACCESS. Your access to the Premises will be limited to the scope identified in the
Agreement. Whether your access to the Premises or any room within the space is via key or
MicroProx Tag (a “Credential”), you hereby agree not to share, transfer or make copies of
your Credential to any other person without Limelight’s written consent. Day Pass access
will be limited to “Regular Business Hours”, defined as 8:00 am to 5:00pm on weekdays. All Day Pass
guests shall be required to sign in at the front desk of the Premises.
You are solely responsible for maintaining possession and security of your Credential.
You hereby agree to promptly notify us if you lose your Credential or suspect your Credential
has been stolen. You acknowledge and agree that the Credential shall remain the property of
Limelight and you must immediately return your Credential to Limelight upon cancellation,
expiration or termination of the Agreement and/or Services. Limelight reserves the right
to charge you a replacement fee for any lost, stolen or not returned Credentials.
6. SECURITY. You may be required to present a valid government-issued photo
identification in order to gain access to the Premises. You understand and agree that it is your
obligation to notify and obtain permission from Limelight if you wish to or do bring non-members,
guests, or any non-parties to the Agreement to the Premises, whether for meetings or community
events, and agree to comply with any restrictions or policies Limelight may impose. Should
you wish to bring a guest to the premises, you agree to inform and obtain permission from Limelight
in advance, and you further understand and agree that Limelight will require your guest to sign an
Authorized Guest Agreement appropriate to the circumstances of the proposed visit, under
terms imposed at Limelight’s sole discretion, before granting permission for your
proposed guest to access the premises as an Authorized Guest. Subject to those terms,
Limelight agrees that such permission will not be unreasonably withheld, and you understand and
agree to indemnify Limelight for any damage to Limelight or its interests caused by
or attributable to your Authorized Guest, and expressly disclaim any third-party interest in any
privileges Limelight may extend to your Authorized Guest. You further understand and agree that
nonmembers and Authorized Guests are never permitted to access the Premises outside Regular
Business Hours, or if a Limelight staff member is not on-premises, and agree to provide timely
notice to Limelight if you believe this restriction has been or is being violated. For security
purposes, we may regularly record via video certain areas of our Premises. If we deem
it reasonably necessary, we may disclose information about you to satisfy applicable law, rule,
regulation, legal process or government request, or to protect us, our members, or other
individuals, or any of our or their interests or property. You consent to such
recording and any use Limelight may need to make in the course of its business operations, and
acknowledge and agree that it is your obligation to notify any Authorized Guests about this policy.
7. MAIL. If you have elected to receive mail and packages under the Agreement, Limelight
will accept mail and deliveries on your behalf at the Premises during Regular Business Hours,
excluding government holidays or any day in which we give you two (2) business days written notice.
We have no obligation to store such mail or packages for more than thirty (30) days following of
our receipt or if we receive mail or packages after the cancellation, expiration or termination of
the Agreement and/or Services. You acknowledge and agree that all mail and/or packages delivered
to the Premises shall be for business purposes only, and you agree to indemnify and hold harmless
Limelight for any loss or damage that may arise from Limelight’s actions or inactions under this
8. PHONE BOOTHS. You may access and use the phone booths of the Premises, provided that
such phone booths shall only be used for temporary use and not for continuous, everyday work,
subject to reasonable limitations necessary to accommodate other members as may be imposed in
Limelight’s sole discretion.
9. CONFERENCE ROOMS. Subject to anything in the Agreement to the contrary, you
acknowledge and agree that conference rooms may only be used upon reservation of such space through
the Member Portal. In the event you violate this Section of these terms, Limelight shall have the
right to (i) immediately remove you and any of your property from such conference room, (ii)
immediately suspend your access to the Premises, and/or (iii) pursue any other remedy set
forth in Section 11 of these Terms.
10. ADDITIONAL RESTRICTIONS. In addition to any other restriction, prohibition, or
obligation set forth in or authorized by these Terms, you agree to the following restrictions and
obligations in connection with your use of the Premises or any Services:
(a) Age. Unless otherwise agreed to in writing by Limelight, Services are only available
to members or guests who are eighteen (18) years of age or older. You hereby agree
to promptly provide Limelight with accurate and complete information as to yourself or any
guest in connection with the foregoing age requirement and the terms and provisions of the
(b) Conduct. You shall not use the Premises and/or Member Portal or perform any
activity that is reasonably likely to be unlawful, disruptive, dangerous or cause damage
to Limelight, Limelight’s employees, agents, licensees, members, tenants, invitees, or guests,
or any other thirty parties, or to the Premises or any fixture or personal property located on
the Premises. You understand and agree that Limelight, the Premises, and the Services
are operated to provide a professional workspace, and agree to conform your conduct, and those of
any Authorized Guests you may invite, to reasonable standards of courtesy,
professionalism, and well-mannered behavior, and abstain from any conduct that may be detrimental
to the use of the Services by other members and Authorized Guests. You further understand and agree
Limelight has a strict no-tolerance policy for racism, sexism, or protected-class discrimination
of any kind. Should any behavioral issues or related concerns, as determined in Limelight’s
sole discretion, require the imposition of further written policies or the adoption of a
membership-wide code of conduct, you further understand and agree to conform your conduct to any
such restrictions, and agree that postings to the Member Portal, prominent display in the Premises,
or direct written notice by email or hard copy will provide sufficient notice to require conformity
by you therewith.
(c) Pets. No pets shall be permitted on the Premises.
(d) Use. You shall not use the Premises for any retail, medical, or any other use
involving frequent use by or visits from guests, clients, customers or any other persons.
(e) Intellectual Property (third parties). You shall not directly or indirectly take,
copy or use for any purpose, commercial or otherwise, any information or intellectual property of
anyone other member, person or guest using the Premises. You agree to promptly notify Limelight if
you believe any such conduct has occurred, and hereby agree to waive and hold harmless Limelight
against any claims that may arise under vicarious or indirect theories of liability for privacy,
intellectual property, and other intellectual-property or information-related claims.
(f) Intellectual Property (Limelight). You may not take, copy or use for any
purpose the name “Limelight” or any of Limelight’s other business names, trademarks, service
marks, logos, trade dress, identifiers or other intellectual property, or modified or altered
versions of the same, or take, copy or use for any purpose any pictures or illustrations of any
portion of any Limelight properties, without Limelight’s prior written consent.
11. DEFAULT. If you fail, or if Limelight suspects that you have failed, to comply with
any of the provisions of these Terms and/or the Agreement, or at any other time when Limelight, in
its sole discretion sees ﬁt to do so, Limelight may, in its sole and absolute discretion, (i)
restrict or suspend your access to the Premises, your Profile, your Membership and/or the
Services without prior notice to you, and/or (ii) terminate the Agreement, your
Membership, your Services and/or access to the Premises without prior notice to you. In addition,
we may decline to renew your Membership, Agreement and/or any Services at the end of your
subscription period for any or no reason.
12. CANCELLATION. You can cancel your account upon fifteen (15) days prior written notice
to Limelight, by submitting a written cancellation request at firstname.lastname@example.org. Please note
that if your individual account was created by a Company, an authorized representative of
such Company may at any time terminate your individual account by contacting us.
Cancellation will be effective fifteen (15) days following Limelight’s receipt of your notice of
cancellation. We do not provide refunds upon termination or cancellation of your
account with respect to amounts already paid. You will remain liable for past due amounts, and
we may exercise our rights to collect due payment, despite such cancellation. Sections 10,
13, 14 and 15(a) shall survive any termination or expiration of these Terms.
13. DAMAGE TO PREMISES; INDEMNIFICATION. You shall be responsible for the cost to repair
all damage to the Premises or any personal property located thereon caused by you or any of your
employees, guests or invitees. You authorize Limelight to charge your payment method for such
repairs following two (2) business days prior notice for any such charge. In addition to the
foregoing, you hereby agree to indemnify and hold harmless Limelight and Limelight’s
affiliates, parents, and successors, and each of their employees, assignees, officers, agents and
directors (the “Limelight Parties”) from and against any and all claims, liabilities,
damages and expenses (“Claims”) including reasonable attorneys’ fees, resulting from any
breach of these Terms by you or your employees, guests, or invitees, or arising from any of
the Services or access to the Premises extended under your Membership, and Limelight shall have
sole control over the defense of any such Claims. You shall not make any settlement that requires a
material act or admission by any of the Limelight Parties, imposes any obligation upon any of the
Limelight Parties, or does not contain a full and unconditional release of the
Limelight Parties, without Limelight’s prior written consent. None of the Limelight Parties shall
be liable for any settlement made without its prior written consent.
14. LIMITATIONS OF LIMELIGHT LIABILITY.
(a) Waiver & Release of Claims. To the extent permitted by law, you, on your own behalf
and on behalf of your employees, agents, guests and invitees, waive any and all Claims and rights
against the Limelight Parties resulting from injury or damage to, or destruction, theft, or loss
of, any property or person and release the Limelight Parties from any such Claims.
(b) Liability of Others. You acknowledge and agree that Limelight shall not be responsible
for the actions of any other person, guest, or invitee using Services at the Premises, or any third
party or third party products on or provided in connection with the Premises. This We do
not run background checks on any person, guest, invitee or third party and do not
endorse, support or verify any information, fact, opinion, recommendations, products or
Profiles, as applicable, of any person, guest, invitee or third party. If a dispute
arises between any person, guest, invitee or third party, we shall have no
responsibility or obligation to participate, mediate or indemnify any party.
(c) Limitation of Liability. To the extent permitted by law, the aggregate monetary
liability of any of the Limelight Parties to you or your employees, agents, guests or invitees for
any reason and for all causes of action, whether in contract, tort, breach of statutory duty, or
other legal or equitable theory will not exceed the total amounts paid by you to Limelight under
these Terms and/or Agreement for the Service from which the claim arose in the twelve (12) months
prior to the claim arising, except to the extent that any of the foregoing was caused by or arose
out of you or your employees, agents, guests or invitees negligence or misconduct. None of the
Limelight Parties will be liable under any cause of action, for any indirect, special,
incidental, consequential, reliance or punitive damages, including loss of profits or
business interruption, or for the cost of any substitute goods, services or technology.
You acknowledge and agree that you may not commence any action or proceeding against any of the
Limelight Parties, whether in contract, tort, breach of statutory duty, or other legal or equitable
theory, unless the action, suit, or proceeding is commenced within twelve (12) months of the cause
of action’s accrual.
(d) Disclaimer of Warranties. To the extent permitted by law, Limelight disclaims all
warranties and terms, express or implied, with respect to the Premises or any
Services, including warranties, terms or representations as to the availability, operation,
performance and/or use of the Premises or Services, or in connection therewith. Nothing in the
Agreement or Terms shall be construed to give rise to any duty or obligation by Limelight beyond
those specifically and expressly set forth.
(a) Personal Property. We are not responsible for any property you leave behind in our
Premises. It is your responsibility to ensure that you have secured or retrieved all of your
personal items prior to leaving. Prior to the cancellation, expiration or termination the
Agreement, your Services and/or Membership, you must remove all of your property from the Premises.
After providing you with reasonable notice, we will be entitled to dispose of any property
remaining in the Premises, and you waive any claims or demands regarding such property or our
handling of such property. You will be responsible for paying any fees reasonably incurred by
Limelight for such removal, which you shall pay upon demand of the same.
(b) Endorsements & Testimonials. From time to time, Limelight may also publish
testimonials by users and members related to their experiences with the Services. These
testimonials are the users’ subjective opinions, and they represent individual results.
All testimonials and endorsements of any type, format or nature posted are not verified by
Limelight, and we make no warranty or representation as to their accuracy. You should be cautious
when relying on any testimonials or endorsements, and you should assume the results described
therein are not typical. Limelight may also make commercial use of images and video
footage of the Premises, and you expressly consent to the use by Limelight of any such images
or footage for commercial purposes in perpetuity.
(c) WAIVER AND RELEASE OF CLAIMS.
TO THE EXTENT PERMITTED BY LAW, YOU, ON YOUR OWN BEHALF AND ON BEHALF OF YOUR EMPLOYEES,
AGENTS, GUESTS AND INVITEES, WAIVE ANY AND ALL CLAIMS AND RIGHTS AGAINST ANY LIMELIGHT
PARTIES AND RELEASE THE LIMELIGHT PARTIES FROM ANY AND ALL SUCH CLAIMS.
(d) Cooperation. From time to time, and in its sole discretion, with or without notice,
Limelight may investigate any actual, alleged or potential violations of these Terms. You agree to
cooperate fully in any of these inquiries. You further agree to, and hereby waive any and all
rights and legal interests in connection with any such inquiries against the Limelight Parties, and
agree to timely provide any written confirmation as to permissions or licenses in connection
therewith at Limelight’s request. You further agree to hold the Limelight Parties harmless in
connection with any claims relating to any action taken in connection with any such investigation
(e) Governing Law. These Terms and the transactions contemplated hereby shall be governed
by and construed under the laws of the State of Ohio without regard to conflicts of law provisions.
(f) Severability. If any of these Terms are held to be illegal, invalid or unenforceable,
said provision shall be fully severable. These Terms shall be construed and enforced as if such
illegal, invalid or unenforceable provision had never comprised a part of these Terms and the
remaining provisions of these Terms shall remain in full force and effect and shall not be affected
by the illegal, invalid or unenforceable provision or by its severance from these Terms.
(g) Nature of these Terms. Notwithstanding anything in these Terms to the contrary, these
Terms in no way shall be construed as to grant you any title, lease, easement, lien, possession or
related rights in Limelight’s business, the Premises, or anything contained in the Premises, or
arising from the Agreement, the Services, or your access to the Premises. These Terms create no
tenancy interest (including any security of tenure), leasehold estate, or other real property
interest. Neither party will in any way misrepresent our relationship.
(h) Limelight Contact Information. If you have any questions relating to these terms,
please contact Limelight at email@example.com.
Limelight Privacy and Network Policy
Safeguarding your privacy is important to us. Limelight is committed to maintaining
your trust by protecting personal information that we collect and use.
how Limelight, LLC and its affiliated companies and subsidiaries ("Limelight", “we” or “us”)
collect, use, and disclose your personal information in connection with any website,
application, or other service that refers to or links to the Policy (collectively, our
“Services”). Please read the Policy carefully before you use our Services. You should not use our
Services if you are not comfortable with what is stated below, and your continued use
of Services constitutes consent to the practices we describe in this Policy and the use and
sharing of your information as provided herein.
1. INFORMATION WE COLLECT. We collect various types of personal information in connection
with the Services, namely: (i) information you provide us directly, (ii) information we collect
about your device(s), (iii) your use of our Services, including through cookies, web
beacons, and other internet technologies; and (iv) information we obtain from third-party
A. Personal Information You Provide Us Directly. We collect various types of
information and content that you provide us directly. For example, in order to enroll as a member
or to access some of our Services, you will be requested to provide us with your name, telephone
number, email address, postal address, and where applicable company or organization name. We
also collect other content and information that you provide us directly, including the
content and information you may add to your Profile and photographs or other information or
documentation you submit or provide us and the communications that you transmit through our
network. We collect billing and payment information you provide when you access some of
our Services or purchase products and Services. We also collect information that you
provide us when you participate in our surveys, sweepstakes or events. If you do not
provide us with the requested information, we may be unable to deliver you the Services in full. To
the extent that you disclose to us any personal information of another individual, we assume that
you have obtained such individual’s consent for the disclosure of such personal information as well
as the processing of the same in accordance with the terms of this Policy.
B. Information About Your Devises and Use of Services. We collect information about how
you use our Services and other information, as specified below, from and about the computers and
other devices where you access our Services. We use standard internet technologies, such
as cookies and web beacons, to collect information about your computer or device and your
online activity, as explained in more detail in the section on cookies.
The information we collect in this respect is:
(i) your browser type and operating system;
(ii) IP address and device identifiers;
(iii) your browsing behavior on our Services, such as the amount of time spent viewing our
online Services and the links you click within our online Services;
(iv) websites you visit before or after our websites;
(v) whether you have opened or forwarded our e-mails or connected to offers or links that
we send you; and
(vi) your general or specific geographic location, such as through GPS, bluetooth or wifi
signals to the extent permitted by the settings of your devices.
If you use our internet connection, networks, telecommunications systems or information processing
systems, your activity and any files or messages on those systems may also be monitored by
Limelight at any time, in accordance with applicable law, for purposes of an investigation or to
ensure compliance with company policies.
C. Information From Third-Party Sources. We obtain information about you from your
company or organization, including when they may create or supplement your Profile for you in the
Member Portal. You can review and amend this Profile at any time. For further details, see your
Profile at limelight.cobot.me
We also receive information about you from publicly and commercially available sources and other
third parties as permitted by law. We may combine this information with other information we
receive from or about you, where necessary to provide the Services you requested.
2. USE OF PERSONAL INFORMATION. We use the personal information that we collect as
necessary and appropriate for the following purposes:
A. To provide our products and Services. We use your personal information to provide you
with the products, Services, and features that you or your company or organization have requested;
to respond to inquiries we receive from you or your company or organization; to verify your
identity; in connection with a transaction that you or your company or organization has initiated;
to deliver notifications and other operational communications; and for troubleshooting;
B. To improve our products and Services and to analyze how users navigate and use our
products and Services and individual features;
C. To manage the performance of our products and Services;
D. For audit and reporting purposes, to perform accounting and administrative tasks, and
to enforce or manage legal claims;
E. To deliver advertising and promotional communications. For example, we may
periodically contact you with offers and information about our products, Services, features, and
events; to send you newsletters or other information about topics that we believe may be of
interest; to conduct online surveys; and to otherwise promote our products, Services, features, and
events. We also may deliver targeted advertisements to you, both on and off the Services; and
F. For security and to protect, enforce, or defend legal rights, privacy, safety or
property, whether our own or that of our employees or agents or others, and to enforce compliance
with Limelight policies and to comply with applicable law and government requests.
G. To enhance the community of members, by connecting them via an online directory, in
order to facilitate business and social networking.
3. SHARING OF PERSONAL INFORMATION. We disclose your personal information in
the following circumstances to the following parties:
A. Our Community. Our Services include online and offline member communities
(such as the Directory), forums and networks that allow you to share and connect with
others. We make this possible for Limelight members by creating a Profile for new members that
contains your name and the name of your company or other organization. You can supplement your
profile by adding additional information about yourself and your company or organization and by
posting content and comments and you may be able to share your profile with a broader audience.
B. Service Providers. We rely on third-party service providers to perform a variety of
services on our behalf. For example, we may rely on service providers to host data and platforms,
fulfill our product and service requests and answer your questions, send e-mails on our
behalf, process payment card or other transactions, and analyze data to improve our products
C. Other Parties When Required by Law or as Necessary to Provide and Protect Our
Services. There may be instances when we disclose your information to other parties:
i. to provide you with the Services you or your company or organization request, such as
a disclosure of your information to auditors or consultants;
ii. to comply with the law or respond to legal process or a request for cooperation by a
government entity or law enforcement;
iii. to detect, suppress, and prevent fraud or verify and enforce compliance with the
policies governing our Services; or
iv. to protect our rights, property, and safety or that of any of our respective
affiliates, business partners, customers or employees and where otherwise required by law.
D. Other Parties in Connection with a Corporate Transaction. We will disclose
your personal information to an acquiror in the event we sell or transfer all or a portion of a
business or assets to that third party, such as in connection with a merger or in the event of a
bankruptcy reorganization or liquidation.
E. Third-Party Partners, With Your Consent. We may request your consent to
share personal information about you with third parties so that they may provide you with special
offers, promotional materials, and other materials that may be of interest to you.
F. Other Parties at Your Company’s or Organization’s Direction. In addition to the
disclosures described in this Policy, we may share information about you with third parties when
your company or organization requests such sharing. For example, we periodically may
partner with third parties to make products or services available to individual members
or participating companies and organizations. If you or your company or organization
requests to participate, we may share your information with the relevant third party in connection
with the requested product or service.
G. Aggregated and Non-Personal Information. We share information with third
parties in a manner that does not identify particular individuals, such as information that has
been aggregated with other records. Our Services may contain links to other sites that we do not
own or operate. We may provide links to these third- party sites as a convenience to our members.
They are not intended as an endorsement of or referral to the linked services. The linked services
are subject to their separate and independent privacy statements, notices, and terms, which we
recommend you read carefully. The collection, use, and disclosure of your personal information will
be subject to the privacy policies of the third party and not this Policy.
4. THIRD PARTIES CONTENT OR FUNCTIONALITY PARTNERS. We partner with third parties to
collect, analyze, and use some of the personal information described in this Policy, including:
A. Third-parties that provide features and functionality on the Services by means of
plug-ins. Even if you do not click on or interact with social networking services or other
plug-ins, they may collect information about you, such as your IP address and the pages that you
B. Advertising providers help us and our advertisers provide advertisements on
our Services or elsewhere, including advertisements that are targeted based on your online
behavior, and analytics companies help us measure and evaluate the usage of our Services.
C. Other content providers may offer products and services on our Services and
may operate contents, sweepstakes, or surveys on our Services.
These third parties collect or receive certain information about your use of our Services,
including as further set forth in Section 10 below, and this information may be collected over
time and combined with information collected across different websites and online services.
Some of these companies participate in industry-developed programs designed to provide consumers
choices about whether to receive targeted advertising. Please visit the websites operated by the
Network Advertising Initiative and the Digital Advertising Alliance to learn more. Further
information in local languages may be available at Your Online Choices.
5. INFORMATION SECURITY. We have in place various procedures to safeguard
your information. Although we take such steps to protect your information, no security
program is foolproof and thus we cannot guarantee the absolute security of your personal or
6. REVIEWING AND UPDATING YOUR INFORMATION. In accordance with applicable law,
you may have the right to access, update, or correct inaccuracies in your personal information in
our custody and control, subject to certain exceptions prescribed by law. If you would like
to access, review, or update your information, please e-mail firstname.lastname@example.org.
7. ACCESSING, REVIEWING, AND UPDATING YOUR PERSONAL INFORMATION. To the extent
provided for under applicable law, you may have the right to access your personal information and
to update or correct inaccuracies in your personal information in light of the nature of our
certain aspects of the Services. If you would like to exercise any of these rights,
please send an e-mail to email@example.com or a letter to Operations Director,
Limelight, LLC, 2515 Jay Avenue, Cleveland, OH 44113.
a constantly changing environment. We reserve the right, at our discretion, to change,
modify, add, or remove portions of this Policy at any time. We encourage you to review this
Policy periodically to ensure that you are aware of our current privacy practices, although we
may also elect to notify you by e-mail or by posting something on some or all of our online
Services. Your continued use of our Services following any changes signifies your
acceptance of these changes.
9. QUESTIONS OR COMMENTS. If you have any questions or comments regarding our Policy,
please contact us at:
Limelight, LLC 2515 Jay Avenue
Cleveland, OH 44113 Attn: Operations Director
10. COOKIES, WEB BEACONS, AND OTHER INTERNET TECHNOLOGIES. We, as well as certain third
and other similar technologies on our online Services.
A. Cookies. A cookie is a small file that may be stored on your computer or other
device. A cookie enables the entity that put the cookie on your device to recognize it across
different websites, services, devices, and browsing sessions. When you use a web browser to access
the Services, some browsers may allow you to configure your browser to accept all cookies, reject
all cookies, or notify you when a cookie is sent. Click the “Help” menu of your browser to learn
more about how to change your cookie preferences. The operating system of your device may contain
additional controls for cookies. Please note that disabling cookies may affect your ability to
access and use certain features of the Services. To learn more about cookies and how to manage
them, please click here.
B. Web Beacons. Web beacons and similar technologies are small bits of code, which are
embedded in web pages, ads, and e-mail, that communicate with third parties. We may use web
beacons, for example, to count the number of users who have visited a particular web
page, to deliver or communicate with cookies, and to understand usage patterns. We also may
include web beacons in e-mails to understand whether messages have been opened, acted on, or
C. Other Technologies. There are other local storage and Internet
technologies, such as Local Shared Objects (also referred to as “Flash cookies”) and HTML5 local
storage, that operate similarly to the cookies discussed above in that they are stored on
your device and can be used to store certain information about your activities and
preferences across different services and sessions. Please note that these technologies are
distinct from cookies, and you may not be able to control them using standard browser tools and
settings. For information about disabling or deleting information contained in Flash cookies,
please click here.
D. How We Use These Technologies. We use these technologies for the following purposes:
i. Administering and improving our Services, including helping us measure and research
the effectiveness of our content, features, advertisements, and other communications. For example,
we measure which pages and features website visitors are accessing and how much time they are
spending on our webpages. We may include web beacons in e-mails, for example, to understand whether
messages have been opened, acted on, or forwarded.
ii. Storing your sign-in credentials and preferences so that you don’t have to enter
those credentials and preferences every time you log on to a Service.
iii. Helping us and third parties provide you with relevant content and advertising by
collecting information about your use of our Services and other websites.
Internet technologies as described above.
Cobot is the web platform used by Limelight to provide this website.
1.1. Upstream-Agile GmbH, Adalbertstraße 7-8, 10999 Berlin, registered with the commercial register of the local court (Amtsgericht) of Charlottenburg under HRB 110149 B (“upstream”) provides an application to manage coworking spaces via its website www.cobot.me (the “Service” or “Services” or “Cobot”) as further specified on www.cobot.me (the “Website”).
1.2. All contractual relationships between upstream and any customer of upstream using Cobot (“Customer”, together with upstream the “Parties”, each a “Party”) shall be governed by these terms of service (“Terms of Service”). By registering on the Website or using Cobot, the Customer agrees to be bound by these Terms of Service.
1.3. Standard business conditions and/or general terms and conditions of the Customer do not apply, regardless of whether or not upstream has expressly objected to them in a particular case.
2.1. Any use of Cobot requires prior registration on the Website by creating an account (“Account”) and the acceptance of these Terms of Service. Customer must provide accurate and complete information and keep the Account information updated.
2.2. Customer is solely responsible for the activity that occurs on their Account. Customer shall keep their login data (password) confidential and prevent any unauthorized use by third parties. He shall immediately inform upstream if there are indications that any third party is misusing their account.
3.1. Offers published by upstream on the Website are non-binding.
3.2. The Customer may use Cobot for a trial run after registering. The Customer may only register for a trial run once. If a Customer registers for more than one trial run, upstream will have the right to delete these additional Accounts.
3.3. By registering on the Website according to section 2 hereof and subscribing to a subscription plan, the Customer makes a binding offer to use the respective Services. The offer shall be deemed to be accepted by upstream by making available the respective Service. Upon the acceptance of a subscription a contract governed by these Terms of Service between the Customer and upstream is concluded (the “Contract”).
4.1. The price for using Cobot depends on the number of members which are using the coworking space of the respective Customer (each a “Member”).
4.2. The Customer will be required to provide upstream with billing and account information for credit card, debit or other payment systems, such as PayPal, (each a “Payment Source”) for which the Customer is authorized to approve charges to allow upstream to collect payment from the Customer for their subscription plan. The Customer authorizes upstream to automatically and immediately bill the Payment Source when payments for subscription plans are due. The Customer shall only be allowed to raise an objection to a bill/deduction within eighty days starting from the day the deduction was made. If the objection was not raised, the deduction is deemed accepted by the Customer.
4.3. The billing of a subscription plan is made on a pre-paid basis. The payment source will be billed within five bank working days of the beginning of the chosen subscription period and then on a monthly or, as applicable, annual basis.
4.4. The prices stated on the Website are net prices excluding VAT. All other charges in connection with the use of the Services shall be borne by the Customer.
5.1. The Contract runs for an indefinite time and will remain in effect until terminated by one of the Parties in accordance with the Terms of Service.
5.2. The Parties may terminate this Contract for any or no reason at their convenience to the end of each month.
5.3. The Customer having used the trial run may unsubscribe from Cobot anytime without giving reason and without notice by using the respective button in their account.
5.4. The right of termination for cause and without notice remains unaffected for both Parties. A good cause for termination shall include, but shall not be limited to, any of the following events:
5.4.1. the Customer fails to comply with any applicable legal provisions;
5.4.2. a serious breach of the Customer of obligations arising from these Terms of Service by the Customer;
5.4.3. an attempt a denial of service attack on any of the Services by the Customer or any attempt to hack or break any security mechanism on any of the Services;
5.4.4. the Customer fails to pay the fees for the ordered Services;
5.4.5. a proceeding to wind-up the Customer or similar is brought against, or by the Customer (especially including insolvency and creditor protection scenarios and similar).
5.5. Any termination declaration shall be made via the “termination” button within the Account.
5.6. In the event of termination,
5.6.1. the Account of the Customer will be disabled and the Customer may not be granted access to their Account or any files or other content contained in the Account although residual copies of information may remain in upstream’s system;
5.6.2. any rights of use granted to Customer for using Cobot shall expire immediately and Customer shall cease to use the Services;
5.6.3. upstream will not refund any prepaid fees to Customer.
5.7. After a period of inactivity, whereby a user fails to log in to an Account for a period of nine months, upstream reserves the right to disable or terminate the Account. If an Account has been deactivated for inactivity, the subdomain associated with that Account may be given to another Customer without further notice.
6.1. Subject to these Terms of Service, and for the duration of the Contract, upstream grants the Customer a non-exclusive license to use the Services, which non-exclusive license is hereby accepted by Customer (the “License”). The License shall be granted as non-exclusive, non-assignable, non- transferable, with no right to sub-license, worldwide limited right to use the Services. Customer is responsible for its staff’s compliance with the Terms of Service.
6.2. The scope of the License shall be subject to and limited by the number of Members as agreed between upstream and the Customer.
6.3. upstream does not claim any ownership in any of the content uploaded, transmitted or stored by the Customer in its Account. upstream will not use any of such content for any purpose except to provide the Customer with the Services.
7.1. The Customer agrees that they are responsible for their own communications and for any consequences thereof. The Customer shall act according to the destined functions of the Website and Services. Any inappropriate or illegal use, manipulation, or change of the Website and Services is prohibited. In particular, the Customer shall, shall not agree to, and shall not authorize or encourage any third party to:
7.1.1. use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains malware or is otherwise objectionable as reasonably determined by upstream;
7.1.2. upload, transmit or otherwise distribute content that infringes upon another party’s intellectual property rights or other proprietary, contractual or fiduciary rights or obligations;
7.1.3. prevent others from using the Service; or
7.1.4. use the Service for any fraudulent or inappropriate purpose.
7.2. upstream reserves the right to delete any infringing content according to this section 7, terminate the Services and/or suspend Accounts of a Customer that is violating any of these Terms of Service, in particular this section 7.
The Customer represents and warrants that (i) all information provided by them to upstream to participate in the Services is correct and current; and (ii) the Customer has all necessary right, power and authority to enter into the Contract and to perform the acts required of Customer hereunder.
9.1. The Customer will indemnify, defend, and hold harmless upstream and its officers, directors, employees for any and all claims, suits, litigation, causes of action, losses, damages, expenses, costs (including court costs and attorneys’ fees) and liabilities (“Losses”) that arise out of, or in connection with (i) the Customer’s use of the Website and/or Services; (ii) any breach by the Customer of any warranty defined in section 8; (iii) any claim that the Customer’s content distributed via the Services caused damage to a third party.
9.2. In cases of an aforementioned enforcement of claims by third parties, the Customer will provide upstream with all their information that is needed for the examination of the claim and for the defense against it. The Customer provides the information immediately, truthfully, and completely.
9.3. The regulation of liability of the Customer or their obligation of indemnification shall apply to the same extent in the event of an act of a Member of the Customer.
10.1. upstream’s liability for damages caused by or related to the exercise of rights and obligations under this Agreement shall be excluded. The limitation of liability shall not cover
10.1.1. damage from injury to life, body or health caused by upstream;
10.1.2. damages caused by upstream that are a result of willful intent or gross negligence;
10.1.3. damages caused by upstream as a result of slight negligence in the event of upstream’s breach of an essential contractual obligation which is indispensable for the duly execution of the contract and thereby jeopardizes the achievement of the contract purpose and such damage is typically foreseeable at the time of the infringement;
10.1.4. upstream’s liability in the event of the assumption of a warranty if an obligation infringement covered thereby triggers upstream’s liability.
10.2. Liability under the Product Liability Act (Produkthaftungsgesetz) shall remain unaffected.
10.3. The limitations and/or restrictions of upstream’s liability shall also apply to the personal liability of its legal representatives and vicarious agents.
10.4. upstream will not be liable hereunder by reasons of any failure to timely perform its services due to an event beyond its reasonable control, including acts of God.
The Customer agrees that upstream may use information of the Customer provided by them (i.e. the name/trademark) for marketing purposes as reference on the Website. The Customer may withdraw such consent by writing an email to upstream to firstname.lastname@example.org.
13.1. These Terms of Service shall be governed by the laws of the Federal Republic of Germany excluding the Convention on Contracts for the International Sale of Goods (CISG) and the conflict of laws provisions. Both Parties submit to the exclusive jurisdiction of the courts of Berlin.
13.2. Should any provision of this Terms of Service be or become invalid, ineffective or unenforceable as a whole or in part, the validity, effectiveness and enforceability of the remaining provisions shall not be affected thereby. Any such invalid, ineffective or unenforceable provisions shall be deemed replaced by such valid, effective and enforceable provision as come closest to the economic intent and purpose as of such invalid, ineffective or unenforceable provisions as regard subject-matter, amount, time, place and extent. The aforesaid shall apply mutatis mutandis to any gap in these Terms of Service if any court has confirmed such proceeding.
13.3. upstream reserves the right to change these Terms of Service at any time without indicating the reasons. upstream will notify Customer of the changed Terms of Service on the Website or via email no later than two (2) weeks before the refined terms will take effect. In case Customer objects the new Terms of Service they may terminate the Contract with a period of two (2) weeks upon receipt of the information about the changes by upstream via the “termination” button within the Account.