Terms of Use/Disclaimer

This website is owned and operated by Gumption, LLC of Connecticut, USA. By accessing or using www.fdhacks.com (“the Site,” “us,” “we,” “this site,” “the service,” “FD Hacks”) in any way, or by submitting content to us, users (“you,” “your”) agree to abide by these Terms of Use. These Terms of Use and any other terms, policy or other document incorporated in these terms and conditions by reference are a legally binding agreement between us.

In addition, you represent that you are 18 years of age or older and are lawfully able to enter into contracts if (a) you use this site, or (b) are a parent or legal guardian of a child who is accessing or utilizing this site in any way. If you are under the age of 18, you should review this Agreement with your legal parent or guardian to make sure that you and your parent or guardian understand it.

You further represent that you have the right (including any consents required by applicable law) to provide all data that you provide to us, whether on behalf of yourself or your fire department or institution. If you do not have the necessary authority, or if you do not agree with these Terms of Use, you may not use the Site or Services. Please refer to our Privacy Policy for information on how we collect, use and disclose personally identifiable information from our users. By using this site you agree to our use, collection and disclosure of personally identifiable information in accordance with the Privacy Policy.

This site is intended to be for personal use, to entertain, to engage, and to share different perspectives from the firefighting community. We hope to share our experiences and the experiences you and others share with us, to entertain you. This site is not intended to be a source of expert information or a training program. Firefighting is dangerous, always changing, and you must always consider your own safety, circumstances, and department policies and procedures.

1. Acceptance and Amendment of Terms

Welcome to www.fdhacks.com. Except as expressly permitted, this site is for personal and non-commercial use only, and may not be used for any purpose not expressly permitted by this Agreement. In addition, you may not reproduce, copy, duplicate, sell or resell any part of this site.

Your use of the Service, including new features and enhancements to the Service, is entirely conditioned on and subject to your compliance with this Agreement. If you do not agree with this Agreement, you should leave the Site and discontinue use of the Services immediately. Please read this Agreement carefully and save it. We may revise this Agreement at any time. Your use of the Site or the Service after any changes to the Agreement is your agreement to those changes. If you do not agree with the changes, you must cease use of the Site.

These Terms shall be governed and construed in accordance with the laws of the State of Connecticut, United States, without regard to its conflict of law provisions.

2. User Conduct

  1. When submitting information to us, the information you provide must be true, accurate, current, your own, and complete.

  2. You are responsible for maintaining the confidentiality of any personal or personally identifiable data you upload and store on the Site and are responsible for complying with all applicable laws governing collection, storage, processing, use and transfer of such information.

  3. You are solely responsible for your conduct on the Site, and for any content, including but not limited to text, images, information, and other files (collectively, “Content”), that you contribute to the Site. When you submit a hack to us, this also includes, but is not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files (collectively, “Content”), that you contribute to the Site.

  4. You must not abuse, harass, threaten, impersonate or intimidate other users of the Service.

  5. You may not use the Service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.

  6. You must not spam our website in any manner.

  7. You may not collect or harvest any personally identifiable information, including account names, from the Site.

  8. You may not use the Service to upload, transmit or link to Prohibited Content. Generally, Prohibited Content includes Content or other material that FD Hacks believes:

    1. is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, encourages conduct that would violate or violates any law, harassing, hateful, racially or ethnically offensive, or otherwise inappropriate;

    2. comprises material that is copyrighted or protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless express written permission of the owner is obtained to use the material and to grant all of the license rights granted herein;

    3. violates or otherwise encroaches on the rights of others;

    4. contains viruses, worms, corrupt files, Trojan horses or other forms of corruptive code, or any other content which may compromise the Service;

    5. advocates illegal activity;

    6. harms anyone, including minors; or

    7. provides a link to any of the above.

    8. You may not access the Site or the Service with any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc.

We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

We have the sole discretion to determine whether Content is Prohibited Content, and any Content submitted to the Service may be subject to examination from time to time. This site may delete, move, and edit content for any reason, at any time, without notice. FD Hacks in no way guarantees the accuracy, non-infringement, quality or appropriateness of content available through the Service. The content on this site is for you enjoyment, entertainment, and education and in no way are we responsible for how you use the information on this site. When engaging in firefighting related content or educational material, you must always consider your own safety, risks, department policies, as well as local, state, and national laws and standards. You are responsible for conducting your own risk assessment about the content presented on this site. We do not endorse any submitted or presented “hack” or content. Any breach or non-compliance of any of these terms will entitle us to immediately and without notice terminate any account or delete any content.

3. Content Contributed to the Site by Members

This Site allows users and individuals to submit their own content to us. The Site also allows contributors to supply their Content for our and our Users’ use in connection with the Service. In this Agreement we refer to all of this Content provided by Users as “User Content”.

We do not claim any ownership interest in your User Content, but we do need the right to use your User Content to the extent necessary to provide the Site and Services to Users, including to display User Content in the manner requested by the User to operate the Site and Services.,

  1. In order for us to make the User Content you contribute available on the Site for these purposes, and to operate, market and promote the Service, we need the right to make use of such User Content in accordance with and subject to this Agreement.

  2. For example, if you submit hacks, stories, information or leave Comments, we need your license to display that User Content on the Services, and we need the right to sublicense that User Content to our other Users so that they can view that User Content.

  3. Therefore, by contributing User Content to the Site or creating it on the Site you automatically grant to us an irrevocable and perpetual (except as set forth in this Agreement), non-exclusive, transferable, fully-paid, royalty-free (except as expressly set forth in this Agreement), worldwide license, by ourselves or with others, to use, copy, distribute, publicly perform, publicly display, print, publish, republish, excerpt (in whole or in part), reformat, translate, modify, revise and incorporate into other works, that User Content and any works derived from that User Content, in any form of media or expression, in the manner in which the Service from time to time permits User Content to be used, in compliance with all applicable laws, and to license or permit others to do so. Our rights under this license remain in place under any circumstance.

  4. Our rights to “modify, adapt, translate, and create derivative works from” are necessary because the normal operation of the Services does this to your User Content when it processes it for use in the Services. You grant us permission to edit your submitted content in any way, as we may need to edit or modify it to fit the site or be suitable to our editorial quality and standards.

  5. This license also grants us the right to sublicense that User Content to other Users to permit their use of that User Content in the manner in which the Service from time to time permits User Content to be used.

  6. We may from time to time change the manner in which User Content can be used by the Service, and if we do so any license you have granted to us under Section 3 shall automatically be extended to new uses permitted by the Service, and any licenses previously granted to us for uses no longer permitted by the Service shall continue in accordance with Section 3. If you contribute User Content to the Site, it is your responsibility to check the Site from time to time to review how we permit User Content to be used.

  7. If  your User Content has been sublicensed by us to a third party for printing, that sublicense, printing, distribution and sale of printed materials may continue until it terminates according to the terms of our agreement with the third party, and all such printed materials have been sold. Also, we may retain a copy of the applicable User Content for archival purposes.

  8. We reserve the right to remove Content from the Site at any time, without notice, for any reason, or for no reason.

  9. You represent and warrant to us that (a) you are the sole owner, author and copyright owner of User Content you contribute to the Site or you have written permission from the author, owner or copyright owner to make such User Content available to the Service as “User Content”, and (b) such User Content does not infringe upon any third party rights (including but not limited to any copyright, patent, trademark, trade secret, other intellectual property rights, moral rights, privacy rights or publicity rights); (c) such User Content complies with this Agreement and does not contain any defamatory, libelous or obscene material; (d) such User Content does not violate any applicable laws, regulations, or contain any false statements or misrepresentations; and (e) you have the written consent, release, and/or permission of each and every identifiable individual person, or the owner/author of any objects or work in such User Content to use the name or likeness of each and every such identifiable individual person, object or work, to enable inclusion and use of such User Content in the manner contemplated by the Service and this Agreement.

  10. To be clear, any content you submit to us may be edited and used in any manner as seen bit by this site, unless expressly prohibited by law or this agreement. By submitting content, you agree and understand that you will not receive any compensation at any time.

4. Our Intellectual Property Rights; Our License of Content to Members

  1. Except as otherwise expressly indicated, the Site, and all text, images, marks, logos and other content contained therein, including, without limitation, our logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, Content and the selection and arrangement thereof are the proprietary property of this site or its licensors and are protected by United States and international copyright laws. All rights to the Content are expressly reserved, and except for licenses expressly granted in this Agreement no right to any Content on the Site is granted to you.

5. Indemnity

You agree to indemnify and hold harmless this site and its owner, Gumption, LLC, from any damage, liability, cost, expense, loss, claim or demand (collectively, “Losses”) including reasonable lawyers’ fees, due to or arising out of your use of the Site or the Services, including your breach of this Agreement, and including also any claims that Content provided by you to us infringes the intellectual property or other rights of any third party.

6. Disclaimers

Gumption, LLC is not responsible or liable in any manner for any Content posted by third parties on the Site or available from third parties in connection with the Service. Under no circumstances will we be responsible for any loss or damage, or for personal injury or death, resulting from anyone's use of the Site, any Content posted on or through the Site, or any interactions between users of the Site, whether online or offline. You post and use Content on the Site at your own risk.

Gumption, LLC expressly disclaims all warranties of any kind, whether express or implied, including such warranties as may be applicable under Sale of Goods legislation or other statutes, and including but not limited to the implied warranties of merchantability, fitness for a particular purpose, performance and non-infringement, or of availability or results. We do not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the Service or any software will be corrected.

If you  have any questions, you should contact us via fdhacks@gmail.com.