Terms Of Services

INFINITE FLIGHT TERMS OF USE AGREEMENT (TOU)

Last Modified: August 21, 2014


Infinite Flight (the “Game”) is a computer game developed and operated by Flying Development Studio LLC (“FDS”). For purposes of this License Agreement (defined below), “you” and “your” mean the user of the computer on which the Game will be or has been installed.
PLEASE READ THIS TERMS OF USE AGREEMENT (THIS “TERMS OF USE” OR "AGREEMENT") CAREFULLY. BY CLICKING THE "ACCEPT" BUTTON BELOW, OR BY PARTICIPATING IN THE GAME, OR BY USING THE HTTP://INFINITE-FLIGHT.COM WEBSITE AND RELATED WEBPAGES (THE “SITE”), YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THE AGREEMENT, CLICK ON THE BUTTON THAT INDICATES THAT YOU DO NOT AGREE TO ACCEPT THE TERMS OF THIS AGREEMENT (IF APPLICABLE) AND DO NOT PARTICIPATE IN THE GAME OR USE THE SITE.
Please note that in using the Site and/or the Game, you may be required to provide FDS with certain personally identifiable information, retention and use of which are subject to the FDS Privacy Policy (the “Privacy Policy”), incorporated herein by reference. Your use of the Site and/or the Game signifies that you have read, understand and agree with the terms of the Privacy Policy.

I. LIMITED USE LICENSE


The Site and the Game are available for use only by authorized end users in accordance with the terms and conditions set forth in this Agreement. Your rights to use the Game software (the “Software”) are defined in and subject to the terms and conditions of the Game End User License Agreement (the “EULA”) (link to EULA), which is incorporated herein by reference, in addition to this Agreement. The Site, the Game, the Software are made available (collectively, the “Properties”) are provided for your individual, non-commercial, entertainment purposes only. Except as may be expressly permitted by FDS, you may not sell, copy, exchange, transfer, publish, assign or otherwise distribute anything you copy or derive from the Properties.

II. REQUIREMENTS


In using the Site, and/or by clicking “accept” when you install the Software, you acknowledge that you have read, understand and agree with the terms of this Agreement. In order to participate in the Game, you must also: (i) read, understand and agree to the EULA; (ii) install a valid copy of the Software; (iii) register for an account in the Game (an “Account”); and (iv) meet the hardware and connection requirements published on the Site. These requirements may change as the Game evolves. You are wholly responsible for the cost of all internet connection fees, along with all equipment, servicing, or repair costs necessary to allow you access to the Game.

III. ACCOUNT INFORMATION


A. General. While some elements of the Site may be generally accessed by the public, certain aspects of the Site (e.g. posting in the Forums, as defined below) as well as participation in the Game requires you to create an Account by providing FDS with certain personal information, specifically you name and Google and Facebook oAuth identification token. You agree that you will supply accurate and complete information to FDS, and that you will update that information promptly after it changes. All of the information you provide to FDS will be governed by the terms and conditions of this Agreement and the Privacy Policy. The information will be used by FDS for a variety of internal purposes, including without limitation, to maintain the Account, to ensure that your Account is unique, to deal with security, debugging and technical support issues, and for possible payment-related issues. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, FDS reserves the right to terminate this Agreement, your Account, and/or your use of the Game. Please note that in utilizing certain areas of the Site or the Game (e.g. purchasing subscriptions, airplanes, sceneries), you may be requested to provide additional information in order to complete a purchase, such as your name, full address, credit card information or other payment information as appropriate to the selected payment method.
B. Eligibility. Only “natural persons,” as opposed to any kinds of legal entities (e.g., corporations, limited liability companies, and/or partnerships), shall have the privilege of establishing an Account. By entering into this Agreement and creating an Account, you represent that you are an adult and have the legal capacity to enter into a contract in the jurisdiction where you reside. You agree to comply with this Agreement on behalf of yourself and, at your discretion, any minor children for whom you are the parent or legal guardian and whom you have authorized to play the Game using your Account. You further agree that you are entirely liable for all activities conducted through your Account, and are responsible for ensuring that you and/or your child is aware of, understands, and complies with the terms of this Agreement and any and all other FDS rules, policies, notices and/or agreements.
THE SITE AND THE GAME ARE NOT DIRECTED AT CHILDREN UNDER 13 YEARS OF AGE, NOR DOES FDS KNOWINGLY COLLECT INFORMATION FROM CHILDREN UNDER 13. IF YOU ARE UNDER 13, PLEASE DO NOT SUBMIT ANY PERSONALLY IDENTIFIABLE INFORMATION TO FDS.
C. Login Credentials. In creating an Account, you will be required to select a unique username and password and connect using your Facebook or Google accounts (collectively, “Login Credentials”), which you will use each time you access the Game. You may not share your Account with anyone other than as expressly set forth herein, and you are entirely responsible for maintaining the confidentiality of your Login Credentials and for any and all activities (including purchases and charges, as applicable) that are conducted through your Account. Please notify FDS immediately if you become aware of any breach of security, including any loss, theft or unauthorized disclosure of your Login Credentials.
D. Account Sales. The Account supplied to you is personal to you, and FDS does not recognize and expressly forbids the transfer of user Accounts. You shall not purchase, sell, gift or trade any Account, or make any such offer, and any attempt shall be null and void. Any distribution by you of your Account and/or your Login Credentials (except as expressly provided herein or otherwise explicitly approved of by FDS) may result in suspension or termination of your Account.
E. Suspension/Termination.
By FDS.  FDS RESERVES THE RIGHT TO SUSPEND, TERMINATE, MODIFY OR DELETE YOUR ACCOUNT AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE TO YOU, AND WITH NO LIABILITY OF ANY KIND TO YOU. Additionally, FDS may stop offering and/or supporting the Game at any time. For purposes of explanation and not limitation, most Account suspensions, terminations and/or deletions are the result of violation of this Agreement, the EULA, the Privacy Policy. Accounts terminated by FDS shall not be reinstated under any conditions whatsoever.
By You.  You may terminate your Account at any time, for any reason or no reason, by contacting FDS at contact@flyingdevstudio.com.

IV. OWNERSHIP


A. Intellectual Property. All rights and title in and to the Software and the Game, and all content included therein (including, without limitation, Accounts, computer code, artwork, graphics, animations, sounds, musical compositions and recordings and methods of operation) are owned by FDS or its licensors. The Properties, and all content therein are protected by United States and other international intellectual property laws. FDS and its licensors reserve all rights in connection with the Properties, including, without limitation, the exclusive right to create derivative works therefrom. You agree that you will not create any work of authorship based on the Properties except as expressly permitted by FDS. Additionally, except as otherwise set forth in this Section IV.A, FDS does not authorize you to make any use whatsoever of any FDS trademarks, service marks, trade names, logos, domain names (collectively, the "FDS Marks") under any circumstances without a written license agreement. Any reproduction, redistribution, or modification of the Properties, or use of the Properties not in accordance with the EULA or this Agreement, is expressly prohibited by law and may result in severe civil and criminal penalties.
FDS reserves all rights, title, and interest in FDS Marks and all other intellectual property, and does not authorize you to display or use such in any manner, including but not limited to use on websites, on blogs, in forums, in signatures, on products, or in printed or electronic publications.
B. XP and Standing. When using the Game, you may accumulate XP, Standing and/or other value or status indicators (“Game Assets”) associated with your Account that reside on servers operated by FDS as data. You acknowledge and agree that such Game Assets are accumulated as part of your Account and therefore you shall have no ownership or other property interest in any of those Game Assets. You further acknowledge and agree that FDS has the right, but not the obligation, to delete, alter, move, remove, or transfer any and all Game Assets, in whole or in part, at any time and for any reason, with or without notice to you, and with no liability of any kind to you. FDS does not provide or guarantee, and expressly disclaims any value, cash or otherwise, attributed to any data residing on servers operated by FDS, including without limitation the Game Assets associated with your Account.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE XP AND STANDING SYSTEMS YOU ACQUIRE HAVE NO MONETARY VALUE AND CANNOT BE REDEEMED FOR CASH. 
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN YOUR ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF FDS. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO CLAIM, RIGHT, TITLE, OWNERSHIP OR OTHER PROPRIETARY INTEREST IN THE XP, STANDING YOU ACCUMULATE. FURTHERMORE, FDS SHALL NOT BE LIABLE IN ANY MANNER FOR THE DESTRUCTION, DELETION, MODIFICATION, IMPAIRMENT, “HACKING,” OR ANY OTHER DAMAGE OR LOSS OF ANY KIND CAUSED TO THE GAME ASSETS, INCLUDING BUT NOT LIMITED TO THE DELETION OF GAME ASSETS UPON THE TERMINATION OR EXPIRATION OF YOUR ACCOUNT.
 
C. Unsolicited Idea Submissions. FDS values your feedback on its services and products, but please do not submit any creative ideas, suggestions or materials except through the feedback site (http://feedback.flyingdevstudio.com) (Feedback Site). If you submit ideas through the Feedback Site to FDS or to any of its employees and/or contractors despite this policy, then you hereby acknowledge and agree that, from the time of transmission or dispatch, you grant FDS and its designees a worldwide, perpetual, irrevocable, sublicenseable, transferable, assignable, non-exclusive and royalty-free right and license to use, reproduce, distribute, adapt, modify, translate, create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import your Unsolicited Ideas, including, without limitation, all copyrights, trademarks, trade secrets, patents, industrial rights and all other intellectual and proprietary rights related thereto, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, including, without limitation, giving the Unsolicited Ideas to others, without any compensation to you. To the extent necessary, you agree that you undertake to execute and deliver any and all documents and perform any and all actions necessary or desirable to ensure that the rights to use the Unsolicited Ideas granted to FDS as specified above are valid, effective and enforceable. You also give up any claim that any use by FDS and/or its licensees of your Unsolicited Ideas violates any of your rights, including but not limited to moral rights, privacy rights, rights to publicity, proprietary or other rights, and/or rights to credit for the material or ideas set for therein.

V. CODE OF CONDUCT


While using any of the Properties, you agree to comply with all applicable laws, rules and regulations. You also agree to comply with certain additional rules that govern your use of the Properties (the "Code of Conduct"). The Code of Conduct is not meant to be exhaustive, and FDS reserves the right to modify this Code of Conduct at any time, as well as take appropriate disciplinary measures including Account termination and deletion to protect the integrity and spirit of the Properties, regardless of whether a specific behavior is listed here as prohibited. The following are examples of behavior that warrant disciplinary measures:
A. Impersonating any person, business, or entity, including an employee of FDS, or communicating in any way that makes it appear that the communication originates from FDS;
B. Posting identifying information about yourself, or any other user, to the Site or within the Game;
C. Harassing, stalking, or threatening any other users in the Game;
D. Removing, altering or concealing any copyright, trademark, patent or other proprietary rights notices of FDS contained in the Site, the Game and/or the Software. You also may not transmit content that violates or infringes the rights of others, including without limitation, patent, trademark, trade secret, copyright, publicity, personal rights or other proprietary or non-proprietary rights;
E. Transmitting or communicating any content which, in the sole and exclusive discretion of FDS, is deemed offensive, including, but not limited to, language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable;
F. Transmitting or facilitating the transmission of any content that contains a virus, corrupted data, trojan horse, bot keystroke logger, worm, time bomb, cancelbot or other computer programming routines that are intended to and/or actually damage, detrimentally interfere with, surreptitiously intercept or mine, scrape or expropriate any system, data or personal information;
G. Spamming chat, whether for personal or commercial purposes, by disrupting the flow of conversation with repeated postings of a similar nature;
H. Participating in any action which, in the sole and exclusive judgment of FDS, "exploits" an undocumented aspect of the Game in order to secure an unfair advantage over other users;
I. Participating in any action which, in the sole and exclusive judgment of FDS, defrauds any other user of the Game, including, but not limited to, by "scamming" or "social engineering;”
J. Using any unauthorized third party programs, including but not limited to "mods," "hacks," "cheats," "scripts," "bots," "trainers," and automation programs, that interact with the Software in any way, for any purpose, including, without limitation, any unauthorized third party programs that intercept, emulate, or redirect any communication between the Software and FDS and any unauthorized third party programs that collect information about the Game by reading areas of memory used by the Software to store information;
K. Accessing or attempting to access areas of the Game or Game servers that have not been made available to the public;
L. Selecting a user name or callsign that is falsely indicative of an association with FDS, contains personally identifying information, infringes on the proprietary or non-proprietary rights of third parties, or that is offensive, defamatory, vulgar, obscene, sexually explicit, racially, ethnically, or otherwise objectionable. You may not use a misspelling or an alternative spelling to circumvent this restriction on call sign and display name choices. FDS may modify any name which, in the sole and exclusive judgment of FDS, violates this provision without further notification to you, and may take further disciplinary measures, including Account termination, for repeated violations.

VI. USER CONTENT


A. Ownership. “Content” means any communications, images, sounds, and all the material and information that you upload or transmit through the Site or the Game, or that other users upload or transmit, including, without limitation, any Forum (defined below) postings and/or the in-Game real-time interactive chat text (“Chat”).
You hereby acknowledge and agree that you remain fully responsible for and are the owner of any and all Content. However, you grant FDS from the time of uploading or transmission of the Content, non-exclusively, all now known or hereafter existing copyrights and all other intellectual property rights to all Content of every kind and nature, in perpetuity (or for the maximum duration of protection afforded by applicable law), throughout the universe and you hereby grant FDS as a present non-exclusive license of future rights all such intellectual property rights to the extent owned by you. In the event that any of the Content is not licensable, you hereby grant to FDS and its licensors, including, without limitation, its respective successors and assigns, a perpetual, irrevocable, sublicensable, transferable, worldwide, paid-up right to reproduce, fix, adapt, modify, translate, reformat, transmit, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice such Content as well as all modified and derivative works thereof, without compensation to you. To the extent necessary, you agree that you will undertake to execute and deliver any and all documents and perform any and all actions necessary or desirable to ensure that the rights to use the Content granted to FDS as specified above are valid, effective and enforceable. You also hereby waive any moral rights you may have in such Content under the laws of any jurisdiction to the maximum extent permitted by the laws of your jurisdiction. You represent, warrant and agree that none of the Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on the part of FDS and FDS will not be liable for any use or disclosure of any Content. You further acknowledge and agree that you shall not upload or otherwise transmit on or through the Site or the Game any Content that is subject to any third-party rights.
B. Consent to Monitoring. FDS does not, and cannot, pre-screen or monitor all Content. However, its representatives may monitor and/or record your communications (including, without limitation, Forum postings and/or Chat) when you are playing the Game or using the Site, and you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the submission of any Content. FDS does not assume any responsibility or liability for Content that is generated by users of the Site and/or Game. FDS has the right but not the obligation, in its sole discretion, to edit, refuse to post, or remove any Content. Furthermore, FDS also reserves the right, at all times and in its sole discretion, to disclose any Content for any reason, including, without limitation (i) to satisfy any applicable law, regulation, legal process or governmental request; (ii) to enforce the terms of this Agreement or any other agreement; (iii) to protect the legal rights and remedies of FDS; (iv) where someone’s health or safety may be threatened; (v) to report a crime or other offensive behavior. Please take care to not provide any personally identifiable information in the Chat or the Forums and to abide by the Code of Conduct, understanding that you do not have an expectation of privacy in the Content you provide in the Chat or Forums, and that members of FDS and the Community, outside of those you play directly with or against in the Game, might have access to the information in the Chat or the Forums at any time.
D. Forums. If you have a valid and active Account, you may post communications and other content to the “forums” section of the Site (the “Forums”). You agree to abide by the Code of Conduct, as well as the policy concerning Links (found below) while participating in the Forums. You understand that much of the information included in the Forums is from other players who are not employed by or under the control of FDS. You further acknowledge that a large volume of information is available in the Forums and that people participating in such Forums may occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading, deceptive, abusive or even unlawful. FDS neither endorses nor is responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed in the Forums by you or the other users. The opinions expressed in the Forums reflect solely the opinions of you and/or the other users and may not reflect the opinions of FDS. FDS is not responsible for any errors or omissions in postings, for hyperlinks embedded in messages or for any results obtained from the use of the information contained in the Forums. Under no circumstances will FDS be liable for any loss or damage caused by your reliance on the information in the Forums or your use of the Forums. You should be aware that, when you disclose information about yourself in a Forum, the information is being made publicly available and may be collected and used by other users. When you disclose any information in a Forum, you do so at your own risk. FDS reserves the right to, but has no obligation to, monitor the Forums, or any postings or other materials that you or other players transmit or post on the Forums, to alter or remove any such materials, and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly or to comply with legal obligations or governmental requests.

VII. UPDATES AND MODIFICATIONS


A. Agreement. FDS reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this Agreement as the Properties evolve; provided, however, that material changes to this Agreement will not be applied retroactively. Such changes will be effective with or without prior notice to you. You can review the most current version of this Agreement by clicking on the “Terms of Use” link located at the bottom of the Site. You are responsible for checking this Agreement periodically for changes. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in agreement or compliance with this Agreement, you must terminate this Agreement and immediately stop using the Properties. Your continued use of any of the Properties following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. Please note that FDS may also revise other policies, including the EULA and Privacy Policy, at any time, and the new versions will be available on the Site. If at any time you do not agree with any portion of the then-current version of a particular FDS policy, including but not limited to this Agreement, you must immediately stop using the Properties.
B. The Properties. In an effort to improve the Properties, you agree that FDS may change, modify, update, suspend, or restrict your access to any features or parts of the Properties, and may require that you download and install updates to the Software, at any time without notice or liability to you. You also understand and agree that any such changes or updates to the Properties might change the system specifications necessary to play the Game, and in such a case, you, and not FDS, are responsible for purchasing any necessary additional software and/or hardware in order to access and play the Game.

VIII. LINKS


The Site may contain links to websites operated by other parties. FDS provides these links to you as a convenience, or other users might be posting these links as user-provided Content. Use of these links and the external websites are at your own risk. The linked sites are not under the control of FDS, and FDS is not responsible for the content available on the other sites. Such links do not imply endorsement by FDS of information or material on any other site, and FDS disclaims all liability with regard to your access to and use of such linked websites.
Should you choose to provide a link on the Site or within the Game (e.g., on the Forums or via Chat) to an external website, unless otherwise set forth in a written agreement between you and FDS, you acknowledge and agree to the following: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with FDS’ and/or its licensors’ names and trademarks; (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with FDS; (iii) when selected by a user, the link must display the external website on full-screen and not within a “frame” on the linking Site; and (iv) FDS reserves the right to revoke its consent to the link at any time and in its sole discretion.

IX. FEES


Some aspects of the Game may require you to pay a fee, and you agree that you will provide accurate and complete payment information to the third-party payment provider used by FDS. You further agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. FDS may revise the pricing for the Game or any item associated therewith at any time. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes due and payable. FDS may, from time to time, modify, amend, or supplement its fees and fee-billing methods, and such changes shall be effective immediately upon posting in this Agreement or elsewhere on the Site or in the Game. If there is a dispute regarding payment of fees to FDS, your Account may be closed without warning or notice at the sole discretion of FDS.
YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES FOR FEE-BASED SERVICES ARE PAYABLE IN ADVANCE AND NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.

X. WARRANTY DISCLAIMER


THE PROPERTIES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FDS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WHICH MIGHT APPLY TO THE PROPERTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES AS TO THE ACCURACY, RELIABILITY OR QUALITY OF ANY CONTENT OR INFORMATION CONTAINED WITHIN THE PROPERTIES. FDS DOES NOT WARRANT THAT THE PROPERTIES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PROPERTIES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING THE PROPERTIES TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PROPERTIES.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the forgoing disclaimer may, in whole or in part, not apply to you.

XI. INDEMNIFICATION


YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS FDS FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, DAMAGES, LOSSES, LIABILITIES AND COSTS (INCLUDING ATTORNEYS’ FEES) THAT DIRECTLY OR INDIRECTLY ARISE OR RESULT FROM YOUR USE OR MISUSE OF THE PROPERTIES, OR ANY VIOLATION BY YOU OF ANY OF THE PROVISIONS OF THIS AGREEMENT, THE EULA OR THE PRIVACY POLICY. FDS reserves the right, at its own expense and in its sole and absolute discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with FDS in asserting any available defenses.

XII. LIMITATION OF LIABILITY


UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL FDS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOOD WILL, OR LOST PROFITS), OR ANY DAMAGES FOR GROSS NEGLIGENCE OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING FROM YOUR USE OR MISUSE OF THE PROPERTIES, EVEN IF FDS KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL FDS BE LIABLE FOR ANY DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO FDS FOR GAME-RELATED TRANSACTIONS, IF ANY, DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of FDS shall be limited to the fullest extent permitted by applicable law.

XIII. EQUITABLE REMEDIES


You hereby acknowledge and agree that FDS would suffer irreparable harm if this Agreement were not specifically enforced. Consequently, in addition to such monetary and other relief as may be recoverable at law, you agree that FDS shall be entitled to specific performance or other injunctive relief, without bond, other security, or proof of damages, as remedy for any breach or threatened breach of this Agreement. Additionally, in the event any legal or administrative action or proceeding is brought by either party in connection with this Agreement and consistent with Section XV below, the prevailing party in such action or proceeding shall be entitled to recover from the other party all the costs, attorneys’ fees and other expenses incurred by such prevailing party as the result of the action or proceeding.

XIV. TERMINATION


This Agreement (and all subsequent modifications, if any) shall remain effective until terminated. Both you and FDS may terminate this Agreement at any time for any reason or for no reason. Termination by FDS will be effective upon notice to you, termination or deletion of your Account, or its decision to permanently discontinue offering and/or supporting the Game, which it may do at any time in its sole discretion. You may terminate this Agreement at any time simply by not using the Site or the Game. If, however, you wish to terminate your Account, you must affirmatively do so by notifying FDS at contact@flyingdevelopmentstudio.com as stated above. Upon termination of this Agreement, your right to use the Properties shall immediately cease.

XV. MISCELLANEOUS


A. Assignment. FDS may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without FDS’ prior written consent, and any unauthorized assignment by you shall be null and void.
B. Customer Contact. If you have any questions concerning these terms and conditions, or if you would like to contact FDS for any other reason, please contact FDS support at contact@flyingdevelopmentstudio.com, or visit the “support” tab on the Site.
C. Entire Agreement. This Agreement represents the complete agreement between you and FDS concerning the Site, the Game, and the subject matter of the Agreement, and supersedes any prior or contemporaneous agreements between you and FDS; provided however that this Agreement shall coexist with, and shall not supersede, the EULA or the Privacy Policy.
D. Force Majeure. FDS shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of FDS, including, without limitation, any failure to perform hereunder due to unforeseen circumstances or cause beyond FDS’ control such as acts of god, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
E. Location. The Site and the Game are operated by FDS in the United States. Those who choose to access the Site and/or the Game from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws. The Software is subject to United States export controls as set forth in the EULA.
F. No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and FDS as a result of this Agreement or your use of the Site or the Game.
G. No Waiver. FDS’ failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by FDS of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
J. Reform and Severability. If any provision of this Agreement is held to be invalid or unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. If, however, it is determined that such provision cannot be reformed, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
K. Section Headings. The section headings used herein are for convenience only and shall not affect the interpretation of this Agreement or have any other legal effect.
L. Survival. The provisions of Sections IV, VI.A, IX, XI-XV, and XVII shall survive any termination of this Agreement.

YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF USE AGREEMENT AND AGREE THAT SELECTING THE “ACCEPT” BUTTON BELOW AND/OR YOUR USE OF ANY OF THE PROPERTIES IS AN ACKNOWLEDGMENT OF YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.



Feedback and Knowledge Base