Terms of Use

Last Updated/ Effective: January 3, 2019 Whenever an individual, company, organization, charity, volunteer, donor, or any other party (hereinafter “Website User,” or “You,” or “Your”) uses this website, https://spartakusplumbing.com (hereinafter “Website”), which is owned, operated, and controlled by Spartakus Plumbing & Heating (hereinafter “Us,” “Our,” or “We”), such use constitutes your acceptance of the terms of use contained herein (hereinafter collectively referred to as, “Terms of Use”), by which any content you upload will be bound. You also agree you are 13 years of age (and have your parents’ consent) or older. If you do not accept any aspect of the Terms of Use, you should not use the Website. We reserve the right to modify these Terms of Use at any time without any prior notice to you. Therefore it is your obligation to review these Terms of Use each time you use this Website to make sure your continued use and access to the Website is in adherence with any updates made to these Terms of Use. Your continued access to and use of our website will be considered as your acceptance of these Terms of Use and any subsequent updates that we make to them. We reserve the right to terminate the account of any violators of these Terms of Use.


Our Intellectual Property: The intellectual property rights, including but not limited to copyright, trademark, patent, design, artwork, functionality, trade dress, derivative works, moral rights, trade secrets, and proprietary information in all content that appears on our Website (other than user content posted by such users) including but not limited to information, text, data, photographs, audio, video, images, graphics, documents, logos, and other content, associated technology and software, and the look and feel of the Website (collectively, “Website Content”), are owned by us or our licensors. Except as expressly permitted in these Terms of Use, you agree not to copy, alter, frame, distribute, reverse engineer, publish, sell, prepare derivative works based on, or commercially exploit any of this Website Content, without express written permission from us. License: While you (or the original owner) of any content you upload retains such ownership, by uploading it to our Website you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to host, cache, store, archive, index, crawl, create algorithms based thereon use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Content throughout the world in any media now known or later devised. You also grant to us the right to use the name that you submit in connection with such Content, if we chose to use such name. We have the right but not the obligation to monitor and edit or remove from the Website any Content that you provide. DMCA Takedown Notices: We respect the intellectual property of others, and may, in appropriate circumstances and at our discretion, disable and or terminate the accounts of users who repeatedly infringe the rights of others. If you believe any content that you have viewed on our Website infringes your copyright, you should send written notice of copyright infringement to Joseph Becker at josephrbecker@gmail.com. Your notice must meet the requirements of the Digital Millennium Copyright Act (as required under 17 U.S.C. § 512) by providing the following information: 1. A description of the copyrighted work that you claim has been infringed; 2. Any accompanying evidence that you have rights to the work (such as registrations); 3. A description of where the material that you claim is infringing is located on the Website; 4. Your address, telephone number and email address; 5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; 6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the copyright at issue or authorized to act on the copyright owner’s behalf; and 7. Your electronic or physical signature. (Example: s:/ Joe Smith) If you believe that your content that was removed (or to which access was disabled) pursuant to a notice under this Section herein is in fact not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use such content, you may send a counter-notice containing the following information to us at the email address above: 1. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; 2. A statement that you have a good faith belief that the content was removed or disabled inappropriately and the reason why such removal was inappropriate; 3. Your name, address, telephone number, and e-mail address; 4. Any accompanying evidence, such as copyright registrations. 5. Your physical or electronic signature. (Example: s:/ Joe Smith) If a counter-notice is received by us, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter notice.


Charitable Contributions: Only the authorized credit card holder may donate on the Website with that card; you may not enter donations on behalf of other donors. You also agree not to use any invalid or unauthorized credit or debit card or other payment method. You are solely responsible for selecting the correct Charity or Event for fundraising, volunteering, donating, or registering. All donations to Charities must be made as unrestricted gifts and may not be specified for any particular purpose. All contributions made through the Website or utilizing the services provided by us or the Website are complete and final charitable gifts and are not refundable. It is the general practice of this Website to retain no more than five percent (5%) of any donation made through this website in order to cover our transaction expenses. Donations made to charities are tax deductible. This Website is for Noncommercial, Legal Use: The services you are receiving from us through this Website are provided for personal, noncommercial use to promote grassroots generosity, philanthropic charity, and to further the charitable purposes by advancing charitable purposes and programs. No User may use these charitable services or the Website for any commercial purpose, or for any other purpose without our prior written consent. As such, you shall not advertise or sell any goods or services through this Website, nor upload, post, share, or otherwise publish through the Website any content that is commercial in nature, including but not limited to promotional material, advertising, or solicitation for goods or services (other than materials that directly further your charitable fundraising), or any material that operates, conducts, or promotes, directly or indirectly, raffles, lotteries or other similar gaming activities, whether for charitable purposes or otherwise. You may not use the services provided by us or our Website for any illegal or unauthorized purpose. While using the Website, you must comply with all applicable domestic and international laws, statues, ordinances, and regulations. Password Security: You are responsible to maintain the safeguarding of all password(s) provided to you by the Website for your access and use of our Website. Any misuse of the Website or any violation of these Terms of Use that occurs during your access to our Website that is attributed to actions from your account or to a user of your password shall be considered an action taken by you. In the occurrence of such events, we shall have the right, in our sole discretion, to disable your password(s) and to immediately pull down any content you have posted on our website. It is your obligation to immediately notify us if you suspect or discover that your password(s) have been compromised. We are not liable for any damage or loss due to unauthorized account access resulting from your actions. User Legitimacy: While we do our best to ensure the legitimacy of all of our Users, whether charitable organizations or donors and volunteers, our primary purpose is to merely facilitate any voluntary contributions made between such users; we shall not be held responsible for any injuries, losses, judgments, damages, nor any other losses incurred by one User against another. We recommend that any user research and communicate with another before engaging in any transaction with that user, and only do so after feeling comfortable with that user’s mission and future conduct required to fulfill such transaction, whether ensuring that a volunteer behaves properly around children before allowing them to attend a children’s event, or ensuring that a certain charity uses funds in a way favorable to a donor before that donor donates. All users are held to our Privacy Policy and Terms of Use, but if there are any problems in this regard, you can file a complaint with us at info@spartakusplumbing.com  and we will do our best to respond effectively. User Profile Registration: You are responsible for all activities occurring under your email address and for keeping your login and password secure. We may refuse to grant you access with a login if we have any reason to believe that the login (i) impersonates someone else, (ii) may be protected by trademark or copyright or proprietary rights law, or (iii) is vulgar, offensive, or otherwise inappropriate, as determined by us in our sole discretion. Any attempt to access restricted areas without authorization is prohibited. You agree that if you become aware of any unauthorized use of your password or other security breach, you will notify us immediately by emailing info@spartakusplumbing.com . User Content: Any content you or other Users post to this Website (hereinafter “User Content”) is subject to the following rules and conditions: 1. User provided content does not necessarily reflect our views; 2. Content does not contain any virus, spyware, worm, Trojan horse, or other computer malware, or post any other materials that may damage the operation of a computer; uses any means, including spiders, robots, crawlers, data mining tools, or the like to scrape or download data from the Website; constitute or contain affiliate marketing, link referral code, junk mail, spam, chain letters, pyramid schemes, or unsolicited commercial advertisement, or the like; promote or forward surveys, contests, raffles, lotteries, pyramid schemes or chain letters or the like; contain any private, personally identifiable, financial, confidential, or proprietary information of another individual or entity without their written express permission; 3. Content is not unlawful, false, indecent, defamatory, disparaging to the reputation of any individual or business, libelous, obscene, offensive, threatening, profane, harmful to minors in any way, threatening, invasive of privacy or publicity rights, abusive, illegal, harassing, violent, tasteless, denigrating, insensitive, pornographic or sexually oriented, or otherwise objectionable, or would constitute or encourage a criminal offense or other illegal activity, violate the rights (including intellectual property and proprietary rights) of any party or any law, or in violation of these Terms or our Privacy Policy, or that is detrimental to the quality or intended spirit of the Website—and we may, but are not obligated to remove or edit it, with or without notice to you, in part or in whole, if we in our sole discretion deem it or any part of it to be so, while our failure to block or remove any User Content, however, is not a warranty, endorsement, representation, or guarantee regarding such User Content; 4. We reserve the right to remove or edit any content from the Website at our sole discretion, including but not limited to unacceptable content, and may choose at any time to limit access or terminate the account of any User not in compliance with these Terms of Use; 5. Content is solely the responsibility of the User, along with any its consequences, including liabilities, damages, or loss. Neither we nor the Website assumes responsibility for the accuracy of any information, ideas or opinions posted by users and are not liable for any claims, damages or losses resulting from such information, ideas, or opinions, for which the User shall indemnify us. 6. The Website cannot control all user content, and does not guarantee the accuracy, integrity or quality of such content. You understand that by using the Website you may be exposed to content that you may find offensive, indecent, incorrect or objectionable, and you agree that under no circumstances will the Website be liable in any way for any content including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content, you understand that you must evaluate and bear all risks associated with the use of any content, including any reliance on the content, integrity, and accuracy of such content. User’s Conduct: By using the Website, you agree to post to, interact with, and otherwise use the Site in accordance with the following rules and conditions: 1. You agree not to engage in any conduct that is unlawful, false, indecent, defamatory, disparaging to the reputation of any individual or business, obscene, offensive, threatening, profane, harmful to minors in any way, threatening, invasive of privacy or publicity rights, abusive, illegal, harassing, violent, tasteless, discriminating, defamatory, libelous, violent, denigrating, insensitive, pornographic or sexually oriented, or otherwise objectionable, or would constitute or encourage a criminal offense or other illegal activity, violate the rights (including intellectual property and proprietary rights) of any party or any law, or in violation of these Terms or our Privacy Policy— and we may, but are not obligated to restrain, cancel, void, halt, or prevent it, or report it to appropriate authorities, with or without notice to you, in part or in whole, if we in our sole discretion deem it or any part of it to be so, while our failure to do so, however, is not a warranty, endorsement, representation, or guarantee regarding such conduct. 2. You may not use the Website for any illegal activity or to violate laws in your jurisdiction. 3. You may not use the Website to distribute unsolicited e-mail (“spam”), or malicious content. 4. You may not exploit the Website to access unauthorized information. 5. You agree not to provide information that is false, misleading or inaccurate. It is the responsibility of the User to follow-up with any research about the Charity or potential volunteer to verify information provided. 6. You may not hack or modify the Website or any of the accounts of registered users to falsely imply an association with us, disclose private or proprietary information, or make any changes to the site. 7. You may not imply or pretend to be affiliate with a company or organization with which you are not affiliated, or misrepresenting the extent of your affiliation or role with an affiliated company or organization. 8. Failure to comply with these rules and conditions will result in account termination. 9. It is the express responsibility of the registered Charity/Non-Profit to verify the identity and background of any user volunteering through the Website, especially if their work will bring them into direct contact with children. 10. Registered Charities and Non-Profits agree to post truthful information about events and volunteer opportunities, and must not represent themselves or their organizations falsely. User’s Age: This site is not intended for children under the age of 13. By using the service you are representing that you are at least 18, or 13 years of age and have your parents’ permission to use the Website. Any use or access of the site from users under 13 is strictly prohibited. We will terminate the membership of any such users and will work in good faith to remove any content they may have contributed to our Website. Donors and Volunteers: You understand and acknowledge that individuals or organizations may volunteer to raise funds or provide support to charitable causes through the Website. Each Volunteer is an independent volunteer and is not employed by, agents of, or affiliated with us, or the Website. Donors and Volunteers do not have authority to act on behalf of, speak for, or obligate us, or the Website in any manner, except to use authorized Website online tools and materials to raise funds to support charitable causes through the Website. Volunteers may choose to participate in events and activities, such as road races, public readings, construction projects, dances, deliveries, food service projects, etc. (hereinafter, “Volunteer Opportunities”). Neither us, nor the Website, nor any of their affiliates, is responsible for any of these Volunteer Opportunities and we have no involvement in, or control over the planning, organization, or carrying out of such events. You acknowledge and agree that you take full responsibility to assume all risk if you decide to be involved in such Volunteer Opportunities. You agree that neither us, nor the Website nor any of their affiliates, will be liable to you and/or to any third party for any direct, indirect, consequential, exemplary, special, punitive, or incidental damages arising from your involvement in, nor any injury from, such Volunteer Opportunities. Neither we, nor the Website, are libel for any injuries sustained while volunteering or sub-par goods donated at the Volunteer Opportunities. It is the responsibility of the organization to interview, inspect, pre-select or otherwise vet, any volunteers and/or goods donated.


Headings: The headings used for the sections and articles in this Agreement are for convenience and reference purposes only and shall in no way affect the meaning or interpretation of the provisions of this Agreement. Applicable Law: Your use of our Website shall be deemed as your acknowledgement and agreement to be bound by the laws of the State of New York, without regard to principles of conflict of laws, and this will govern these Terms of Use and any dispute of any kind, manner or sort that might arise under these Terms of Use between you and us. Disclaimer of Warranties: Without limiting any other representation, warranty or covenant herein, each party hereby represents and warrants to the other party that: a) It has the full right, power, and authority agree to follow these Terms of Use; b) These Terms of Use and Privacy Policy represent a valid and binding obligation to such party; c) It has obtained and shall maintain throughout the term of this agreement all necessary licenses, authorizations, approvals, and consents to enter into and perform its obligations hereunder in compliance with all applicable laws rules and regulations. Our Website and the tools therein are provided to you “as is” without warranty of any kind. We disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability, or availability of any Website Content or Tools, or other information or materials displayed on the Website. We also expressly disclaim to the fullest extent permitted by law any and all responsibility and liability for the conduct of any charity, any other Volunteer, and any donor. We hereby disclaim all warranties either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement; and other warranties. We are not engaged in the provision of legal, tax, or other professional advice or services. If you are in need of such services, you should contact the appropriate licensed and qualified professional. Indemnification: Your use of the services provided by our Website and us is entirely at your own risk. You will hold harmless and indemnify us from and against any third-party claims, suits, judgments, or losses, damages (actual and consequential), litigations costs and attorneys’ fees, of any kind or nature, arising from or in any way related to your use of the services provided by our Website. Under no circumstances, including but not limited to, negligence, system failure or network outage, will either party or its affiliates be liable for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages that result from use of this Site, even if such party or its authorized representative has been advised of the possibility of such damages. Links to Other Websites: We may include links to third-party websites or services, and may link you automatically to sponsor or third-party websites or services. These links do not mean that we review or endorse these third-party sites or services. We provide such links when we believe such links may be helpful, but we do not monitor or accept any responsibility for such sites. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate, so you proceed to these links at your own risk and responsibility. You acknowledge that we are not responsible or liable for any content, advertising, products, services, or other materials on these third-party sites. Any dealings that you have with advertisers or other third-parties who may be found on or linked from our Website are between you and the advertiser, for which you assume full responsibility and you acknowledge that we are not liable for any loss or claim you may have against an advertiser. Assignment: You may not assign, sublicense or otherwise transfer any right or obligation set forth herein without our prior written consent. Any purported assignment in violation of the preceding sentence is void and of no effect. We may assign any of our rights or obligations under these Terms of Use to another party without notice or consent for any reason. These terms and conditions are binding upon the parties’ respective successors and permitted assigns. Except as otherwise expressly provided herein, all remedies provided for herein shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity or otherwise. Agency: The Parties shall act as independent contractors, and nothing contained in these Terms of Use shall be construed to (i) give either party the power to direct and control the day-to-day activities of the other, (ii) constitute the parties as agents, partners, joint ventures, co-owners, employer/employee franchisor/franchisee, or otherwise as participants in a joint or common undertaking, or (iii) allow either party to create or assume any obligation on behalf of the other party for any purposes whatsoever. Suspension or Termination: Your failure to follow the requirements of these Terms of Use may result in suspension or termination of your access to the Website or any of our other services, without notice. We reserve the right to suspend or terminate, without notice and in our sole discretion, any user’s access to or use of the Site for any reason. Any failure of the Website to enforce or exercise a right provided in these terms is not a waiver of that right. Should any provision of these terms be found invalid or unenforceable, the remaining terms shall still apply. Contact: For any questions about these Terms of Use, please contact us at: info@spartakusplumbing.com .