These Terms of Service and all supplemental terms, as amended from time to time, govern your use of any online or mobile product or service to which you have access, any product or service that requires an Internet connection or Account to access, install or play as well as any Account you use to access online or mobile products or services ("FLYCLOPS Services") offered by FLYCLOPS LLC or any of its subsidiaries and affiliates (collectively, "FLYCLOPS") for the web, PC, game system or mobile device. If you reside in the United States, Canada or Japan, or in any other country or territory in which you may lawfully use the FLYCLOPS Services, these terms are an agreement between you and FLYCLOPS LLC.
These Terms of Service, as well as FLYCLOPS' Privacy Policy available at https://flycl.ps/privacyclps (incorporated herein by reference) form legally binding contracts between you and FLYCLOPS. By using FLYCLOPS Services, you affirm that you are at least 18 years of age (or have reached the age of majority if that is not 18 years of age where you live) or that you have reviewed this Agreement with your parent or guardian and he or she assents to these Terms of Service on your behalf and takes full responsibility for your compliance with them. You agree that you and/or your parent or guardian are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in these Terms of Service, and to abide and comply with these Terms of Service.
You agree to check http://flycl.ps/fctos periodically for new information and terms that govern your use of FLYCLOPS Services. FLYCLOPS may modify the Terms of Service at any time. Revisions to terms affecting existing FLYCLOPS Services shall be effective thirty (30) days after posting at http://flycl.ps/fctos. Terms for new FLYCLOPS Services are effective immediately upon posting at http://flycl.ps/fctos. You agree to check https://flycl.ps/domino-pp-tos periodically for new information and terms that govern your use of FLYCLOPS Services. FLYCLOPS may modify the Terms of Service at any time. Revisions to terms affecting existing FLYCLOPS Services shall be effective thirty (30) days after posting at https://flycl.ps/domino-pp-tos. Terms for new FLYCLOPS Services are effective immediately upon posting at https://flycl.ps/domino-pp-tos.
An Account ("Account") may be required to access and use some FLYCLOPS Services. If you have questions about Account registration, please contact Customer Support.
To create an Account, you must have an email address, and provide truthful and accurate information. Alternatively, you can create an account through a service offering login identity services, such as Facebook, as FLYCLOPS may employ for identify verification. You must be eligible to use the FLYCLOPS Service for which you are registering. In addition, some FLYCLOPS Services may require creation of a "user name" or a "persona" to represent you in game and online. User names and personas are tied to your Account. You may not use a user name or persona that is used by someone else, or otherwise violates the Terms of Service.
You are solely responsible for all activity on your Account. Your Account may be terminated, in FLYCLOPS' sole discretion, if you or someone else uses it to engage in activity that violates the Terms of Service or is otherwise improper or illegal. You should not reveal your Account password to others. FLYCLOPS will not ask you to reveal your password, or initiate contact with you asking for answers to your password security questions.
"Content" on FLYCLOPS Services includes software, technology, text, forum posts, chat posts, profiles, widgets, messages, links, emails, music, sound, graphics, pictures, video, code, and all audio visual or other material appearing on or emanating to and/or from FLYCLOPS Services, as well as the design and appearance of our websites and games. Content includes user-generated Content ("UGC"). UGC includes but is not limited to Account personas, forum posts, chat messages, profile content and any other Content contributed by users to FLYCLOPS Services. FLYCLOPS Content and UGC collectively shall be referred to as "Content." All Content--with the exception of UGC discussed below in Section 6 and 7--is owned by FLYCLOPS or its affiliates, subsidiaries, licensors or suppliers. You bear the entire risk of the completeness, accuracy and/or usefulness of UGC found on FLYCLOPS Services. FLYCLOPS shall not be liable in any manner whatsoever for any UGC found on FLYCLOPS Services.
"Entitlements" are licensed rights granted, awarded, provided and/or purchased by you to access and/or use online or off-line elements or features of FLYCLOPS Services and/or products. Entitlements include but are not limited to paid and free downloadable content, unlockable content, digital and/or virtual assets, rights of use tied to unlock keys or codes, serial codes and/or online authentication of any kind, in-game achievements and virtual or fictional currency not otherwise governed by a Digital Services Agreement.
FLYCLOPS grants you a personal, limited, non-exclusive license to use Content and Entitlements to which you have access for your personal, private, non-commercial, non-transferable, limited uses solely as set forth herein and as set forth in any additional documentation and/or agreements applicable to the FLYCLOPS Services accessed by you. Content and Entitlements and all other intellectual property rights in or on FLYCLOPS Services as well as the products and services offered through FLYCLOPS Services, are owned by FLYCLOPS or FLYCLOPS's third party licensors and is protected by United States and International copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any Content and/or Entitlements from a FLYCLOPS Service unless you are expressly authorized to do so. In addition, unless expressly authorized by FLYCLOPS, you may not distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, decompile, disassemble, reverse engineer or otherwise make unauthorized use of Content or Entitlements. Any commercial use is prohibited. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Content. Your rights are subject to your compliance with these Terms of Service as well as any other agreements applicable to the FLYCLOPS Services you are using.
FLYCLOPS reserves all right, title and interest in Content, Entitlements and all associated copyrights, trademarks, and other intellectual property rights therein that are not expressly granted to you in these Terms of Service. Your permitted use of Content and Entitlements described above is limited by the intellectual property rights of FLYCLOPS and does not include any rights to other patents or intellectual property. Making unauthorized copies or distribution of Content and/or Entitlements found on FLYCLOPS Services may result in the termination of your Account(s), prohibition on use of FLYCLOPS Services, and further legal action. Content and/or Entitlement owners may take criminal or civil action against you for unauthorized use of intellectual property. You agree to indemnify and hold harmless FLYCLOPS from any unauthorized or illegal conduct by you, or through the use of your Account, on FLYCLOPS Services.
Entitlements may only be held in Accounts belonging to legal residents of countries where access to and use of Content and Entitlements is permitted. Entitlements may be purchased or acquired only from FLYCLOPS. FLYCLOPS reserves the right to refuse your request(s) to acquire Entitlements, and FLYCLOPS reserves the right to limit or block any request to acquire Entitlements for any reason.
We do not guarantee that any Content or Entitlement will be available at all times, in all countries and/or geographic locations, or at any given time or that we will continue to offer particular Content or Entitlements for any particular length of time. We reserve the right to change and update Content and Entitlements without notice to you. Once you have redeemed your Entitlements, that content is not returnable, exchangeable, or refundable for other Entitlements or for cash, or other goods or services.
FLYCLOPS does not pre-screen all UGC and does not endorse or approve any UGC that you and other users may contribute to FLYCLOPS Services. You are solely responsible for your UGC and may be held liable for UGC that you post. FLYCLOPS shall not be liable in any manner whatsoever for any UGC found on FLYCLOPS Services.
FLYCLOPS respects the intellectual property rights of others. You must have the legal right to upload UGC to FLYCLOPS Services. You may not upload or post any UGC on FLYCLOPS Services that infringes the copyright, trademark or other intellectual property rights of a third party nor may you upload UGC that violates the law, this Terms of Service and/or any third party's right of privacy or right of publicity. You may upload only UGC that you are permitted to upload by the owner or by law. FLYCLOPS may, without prior notice to you and in its sole judgment, remove UGC that may infringe the intellectual property or other rights of a third party and/or terminate your Account, including but not limited to in the case of repeat infringers. If your Account(s) are terminated, you are not entitled to a refund for any fees you have paid, and you will lose access to Entitlements associated with your Account.
FLYCLOPS reserves the right (but has no obligation except as required by law) to remove, block, edit, move or disable UGC for any reason, including when FLYCLOPS determines that UGC violates these terms, and/or to terminate your Account if FLYCLOPS determines, in its sole discretion, that your UGC violates the law, these terms and/or is otherwise objectionable. The decision to remove UGC or other Content at any time and/or to terminate your Account is in FLYCLOPS's sole and final discretion. FLYCLOPS also reserves the right to disclose the identity of generators of UGC to individuals or entities, including law enforcement and/or regulators, claiming a violation of the law or of these terms. To the maximum extent permitted by applicable law, FLYCLOPS does not assume any responsibility or liability for UGC, for removal of UGC and/or for any failure to or delay in removing UGC or other Content.
Examples of impermissible UGC, that may result in, but do not require, removal and/or termination of your Account, all in FLYCLOPS' sole discretion, include but are by no means limited to:
Accounts that post UGC that includes the sexualization or endangerment of minors are subject to immediate cancellation. If we become aware of content with child sexual abuse or endangerment, we will report it to the appropriate authorities immediately.
When you contribute UGC to a FLYCLOPS Service, you expressly grant to FLYCLOPS and its licensors a non-exclusive, perpetual, worldwide, complete, sub-licensable and irrevocable right to quote, re-post, publish, use, adapt, translate, archive, store, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the UGC, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party. You grant FLYCLOPS and its licensors all licenses, consents and clearances to enable FLYCLOPS and its licensors to use such UGC for such purposes. You waive and agree not to assert any moral or similar rights you may have in such UGC.
If the FLYCLOPS Service on which you contribute UGC permits other users to access and use that UGC as part of the FLYCLOPS Service, then you also grant all other users of the relevant FLYCLOPS Service the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your UGC on or through the relevant FLYCLOPS Service without further notice, attribution or compensation to you.
Some FLYCLOPS Services require payment of a fee. You must have an Account and pay the subscription or other fees to participate in these activities.
FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART.
FLYCLOPS reserves the right to change our fees or billing methods at any time. If you pay a periodic (e.g. monthly) subscription for a FLYCLOPS Service, FLYCLOPS will provide you with notice of any changes to the fees or billing methods at least thirty (30) days in advance by posting such changes on the FLYCLOPS Service. You are responsible for reviewing the FLYCLOPS Service to obtain timely notice of such changes. Your continued use of the FLYCLOPS Service thirty (30) days or more after posting of the changes means that you accept such changes. If any change is unacceptable to you, you may cancel your subscription at any time, but FLYCLOPS will not refund any fees that may have accrued to your Account before cancellation of your subscription, and we will not prorate fees for any subscription. If your use of FLYCLOPS Services is subject to use or sales tax, then FLYCLOPS may also charge you for any such taxes, in addition to the subscription or other fees.
A. Payment Options. You may pay fees using the methods available for the particular FLYCLOPS Service and you agree to the terms and conditions applicable to each payment method you choose. Payment methods may vary by FLYCLOPS Service. When you provide credit card or other payment information to FLYCLOPS, you represent to FLYCLOPS that you are the authorized user of the credit card or other payment method. By agreeing to this Terms of Service, you have agreed to permit FLYCLOPS to automatically bill you for a FLYCLOPS Service by charging a valid credit card number which you have provided to FLYCLOPS, or through the Apple iTunes App Store or Google Play Store. You must provide current, complete, and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify FLYCLOPS if your credit card is canceled (for example, for loss or theft). Changes to such information can be made by contacting Customer Support. If you fail to provide FLYCLOPS any of the foregoing information, you agree that FLYCLOPS may continue charging you for any subscription automatically renewed unless you cancel your subscription at least thirty (30) days prior to the expiration of the subscription. FLYCLOPS reserves the right to utilize third party credit card updating services to obtain current expiration dates on credit cards provided by you to FLYCLOPS. Customers who use a payment method other than credit card may incur an additional payment processing fee.
As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Account, including your family or friends.
B. Trial Subscriptions. For some FLYCLOPS Services, FLYCLOPS may offer a free trial subscription. If you accept a free trial subscription, FLYCLOPS will begin to bill your Account for that FLYCLOPS Service when the free trial subscription expires, unless you cancel your subscription before that time. You are always responsible for any Internet service provider, telephone, wireless and other connection fees that you may incur when using FLYCLOPS Services, even when we offer a free trial subscription. Trial subscriptions are not transferrable.
C. Fees Charged By Third-Party Sites and Vendors. We may provide links to other web sites. Some of these web sites may charge separate fees, which are not included in any subscription or other fees that you may pay to FLYCLOPS. Any separate charges or obligations that you incur in your dealings with third parties are your responsibility.
Where these terms do not permit termination without notice, FLYCLOPS may terminate access to any online or mobile products and/or FLYCLOPS Services (and/or any portion thereof) at any time by giving you notice of such termination within the time period specified when you joined the particular FLYCLOPS Service, or if no time period for notice of termination was specified, then within thirty (30) days of the date such notice is either (at FLYCLOPS's discretion) provided to you via email or is posted on the applicable product or FLYCLOPS Service.
In addition to termination without notice pursuant to any express provisions of these Terms of Service, FLYCLOPS may also terminate access to FLYCLOPS Services for violation of this Terms of Service, if FLYCLOPS (in its sole discretion) deems that your use of FLYCLOPS Services renders FLYCLOPS Services less safe for others and/or minors or for illegal or improper use of FLYCLOPS Services, Content, Entitlement, products, or FLYCLOPS's Intellectual Property as determined by FLYCLOPS in its sole discretion. You may lose your user name and persona as a result of termination. If you have more than one (1) Account, FLYCLOPS may terminate all of your Accounts and all related Entitlements. In response to a violation of these Terms of Service or any other agreement applicable to FLYCLOPS Services accessed by you, FLYCLOPS may, in its sole discretion, issue you a warning, suspend your Account, selectively remove, revoke or garnish Entitlements at an Account and/or device level, immediately terminate any and all Accounts that you have established and/or temporarily or permanently ban your device and/or machine from accessing all FLYCLOPS Services or certain FLYCLOPS Services. You acknowledge that in such an instance FLYCLOPS is not required to provide you notice before taking action to suspend or terminate your Account, temporarily or permanently banning your device from some or all FLYCLOPS Services or selectively removing, revoking or garnishing Entitlements associated with your Account. If FLYCLOPS terminates your Account, you may not participate in a FLYCLOPS Service again without FLYCLOPS's express permission. FLYCLOPS reserves the right to refuse to keep Accounts for, and provide FLYCLOPS Services to, any individual. You may not allow individuals whose Accounts have been terminated by FLYCLOPS to use your Account.
If your Account, or a particular subscription for a FLYCLOPS Service associated with your Account, is terminated, suspended and/or if any Entitlements are selectively removed, revoked or garnished from your Account and/or if your device is temporarily or permanently banned from accessing some or all FLYCLOPS Services, no refund will be granted, no Entitlements will be credited to you or converted to cash or other forms of reimbursement, and you will have no further access to your Account or Entitlements associated with your Account or the particular FLYCLOPS Service.
You have the right to deactivate your Account or a particular subscription to a FLYCLOPS Service at any time. If you do not agree to the terms in this Terms of Service, your sole remedy is to not use FLYCLOPS Services and to deactivate your Account. You understand and agree that the deactivation of your Account is your sole right and remedy with respect to any dispute with FLYCLOPS, including any dispute related to, or arising out of: (1) any term of this Terms of Service or FLYCLOPS's enforcement or application of this Terms of Service; (2) the Content and Entitlements available through FLYCLOPS Services or any change in Content or Entitlements provided through FLYCLOPS Services; (3) your ability to access and/or use FLYCLOPS Services and/or any Content or Entitlements thereon; or (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods for FLYCLOPS Services and/or any Content or Entitlements thereon.
You may cancel your account from within the game, or contact FLYCLOPS's Customer Service Department to cancel your Account. FLYCLOPS reserves the right to collect fees, surcharges or costs incurred before you cancel your Account or a subscription to a FLYCLOPS Service. You are also responsible for any amounts owed to third-party vendors or content providers before your cancellation. Any delinquent or unpaid fees and other unresolved issues with FLYCLOPS Services must be settled before you establish a new Account.
You may violate the Terms of Service if, as determined by FLYCLOPS in its sole discretion, you:
Specific FLYCLOPS Services may also post additional rules that apply to your conduct on those services.
You must also obey all federal, state, and local laws, regulations and rules that apply to your activities when you use FLYCLOPS Services. FLYCLOPS reserves the right to terminate your Account and to prevent your use of any and all FLYCLOPS Services if, as determined by FLYCLOPS in its sole discretion, your Account is used to engage in illegal activity or to violate these Terms of Service.
There is no requirement or expectation that FLYCLOPS will monitor or record any online activity on FLYCLOPS Services, including communications. However, FLYCLOPS reserves the right to access and/or record any online activity on FLYCLOPS Services and you give FLYCLOPS your express consent to access and record your activities. FLYCLOPS reserves the right to remove any content from any FLYCLOPS Service at FLYCLOPS's sole discretion. FLYCLOPS has no liability for your or any third party's violation of this Agreement or for your or any third party's use of the FLYCLOPS Services.
If you encounter another user who is violating any of the Rules of Conduct or these Terms and Conditions, please report this activity to FLYCLOPS using the "Help" or "Report Abuse" functions in the relevant FLYCLOPS Service, if available, or contact Customer Support.
Some products may give you the option of using FLYCLOPS Software on or through a service that is not controlled by FLYCLOPS. For example, you may be given the option to play FLYCLOPS Software online on servers not owned or controlled by FLYCLOPS. FLYCLOPS takes no responsibility for your use of FLYCLOPS Software on or through any such service and otherwise has no control over how those services are offered, administered or operated. Any such use of non-FLYCLOPS controlled services is at your own risk and may subject you to additional or different terms and restrictions by the third party running the service.
FLYCLOPS Services may require or allow you to download software, software updates or patches, or other utilities and tools from FLYCLOPS or its licensors onto your computer, entertainment system or device ("FLYCLOPS Software"). FLYCLOPS grants to you a non-exclusive, limited license to use FLYCLOPS Software solely for the purpose stated by FLYCLOPS at the time the FLYCLOPS Software is made available to you. If an End User License Agreement or End User Access And License Agreement is provided with the FLYCLOPS Software, your use of the FLYCLOPS Software is subject to the terms of that license agreement. You may not sub-license, or charge others to use or access FLYCLOPS Software. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from FLYCLOPS Software. You may not modify FLYCLOPS Software or use it in any way not expressly authorized in writing by FLYCLOPS. You understand that FLYCLOPS's introduction of various technologies may not be consistent across all platforms and that the performance of FLYCLOPS Software and related FLYCLOPS Services may vary depending on your computer and other equipment.
From time to time, FLYCLOPS may provide you with updates or modifications to FLYCLOPS Software. You understand that certain updates and modifications may be required in order to continue use the FLYCLOPS Software and FLYCLOPS Services.
FLYCLOPS Software may be subject to United States export controls, and export controls of other jurisdictions. By downloading FLYCLOPS Software from FLYCLOPS, you warrant that you are not located in any country, or exporting FLYCLOPS Software to any person or place, to which the United States, the European Union, or any other jurisdiction has embargoed goods.
You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or FLYCLOPS Software subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to FLYCLOPS Services any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. The assurances and commitments in this Section shall survive termination of this Agreement.
IMPORTANT: FLYCLOPS MAY FIND IT NECESSARY TO UPDATE, OR RESET CERTAIN PARAMETERS TO BALANCE GAME PLAY AND USAGE OF FLYCLOPS SERVICES. THESE UPDATES OR "RESETS" MAY CAUSE YOU SETBACKS WITHIN THE RELEVANT GAME WORLD AND MAY AFFECT SCORING, WON-LOST RECORDS, GAMES, GROUPS OR OTHER ENTITLEMENTS UNDER YOUR CONTROL. FLYCLOPS RESERVES THE RIGHT TO MAKE THESE UPDATES AND IS NOT LIABLE TO YOU FOR THESE CHANGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF FLYCLOPS SERVICES, FLYCLOPS SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. FLYCLOPS SERVICES, FLYCLOPS SOFTWARE, FLYCLOPS PRODUCTS AND THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. NO WARRANTY IS GIVEN ABOUT THE QUALITY, FUNCTIONALITY, AVAILABILITY OR PERFORMANCE OF FLYCLOPS SOFTWARE OR FLYCLOPS SERVICES. FLYCLOPS DOES NOT ASSUME LIABILITY FOR INABILITY TO OBTAIN OR USE ANY CONTENT, ENTITLEMENTS, GOODS OR SERVICES. FLYCLOPS PROVIDES FLYCLOPS SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE FLYCLOPS SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT FLYCLOPS WILL HAVE ADEQUATE CAPACITY FOR FLYCLOPS SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH FLYCLOPS OR ITS LICENSORS ARISING OUT OF OR RELATING TO FLYCLOPS SERVICES AND/OR FLYCLOPS PRODUCTS IS TO STOP USING FLYCLOPS SERVICES, AND TO CANCEL YOUR ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT FLYCLOPS, ITS LICENSORS, LICENSEES AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON FLYCLOPS SERVICES OR USE OF FLYCLOPS SOFTWARE. IN NO CASE SHALL FLYCLOPS' OR ITS LICENSORS', LICENSEES', AFFILIATES', EMPLOYEES', OFFICERS', OR DIRECTORS' (COLLECTIVELY, "FLYCLOPS AFFILIATES") LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO FLYCLOPS FOR FLYCLOPS SERVICES. IN NO CASE SHALL FLYCLOPS, ITS LICENSORS OR FLYCLOPS AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF FLYCLOPS SERVICES, FLYCLOPS SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF FLYCLOPS SERVICES OR ACCOUNTS. WHILE FLYCLOPS USES COMMERCIALLY REASONABLE MEANS TO PROTECT YOUR PERSONAL INFORMATION, FLYCLOPS AND ITS LICENSORS ASSUME NO LIABILITY FOR LOSS OF DATA, DAMAGE CAUSED TO YOUR SOFTWARE OR HARDWARE, AND ANY OTHER LOSS OR DAMAGE SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL AND HOWEVER ARISING, AS A RESULT OF ACCESSING OR USING ANY FLYCLOPS SERVICE, CONTENT, FLYCLOPS SOFTWARE TO YOUR COMPUTER AND/OR DEVICE.
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, FLYCLOPS', FLYCLOPS' LICENSORS' AND FLYCLOPS AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. FLYCLOPS DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH FLYCLOPS AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Upon FLYCLOPS's and/or its licensors' request, you agree to defend, indemnify and hold harmless FLYCLOPS, its licensors and FLYCLOPS Affiliates, contractors, vendors, and content providers from all liabilities, claims and expenses, including attorneys' fees, that arise from or relate to a breach of these Terms of Service for which you or anyone using your account are responsible or in connection with your distribution of any Content on or through FLYCLOPS Services. Without limiting the generality of the foregoing, you agree to indemnify and hold FLYCLOPS and its licensors harmless for any and all improper or illegal use of your Account, including but not limited to the illegal or improper use of your Account by someone to whom you have given permission to use your Account. You agree that you will be personally responsible for your use of FLYCLOPS Services and for all of your communication and activity on FLYCLOPS Services, including any Content and/or UGC that you contribute, and that you will indemnify and hold harmless FLYCLOPS, FLYCLOPS's licensors and FLYCLOPS Affiliates from any liability or damages arising from your conduct on FLYCLOPS Services, including any Content and/or UGC that you contribute and/or from any claims, investigations or other actions taken in relation to or following FLYCLOPS' disclosure of the identity of the generator of any UGC.
FLYCLOPS and its licensors reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to FLYCLOPS and/or its licensors in that matter. In the event of any claim, demand or other matter giving rise to a right of indemnification under these terms, You shall give notice of same to FLYCLOPS as soon as is reasonably practicable and in no event more than three (3) business days after your becoming aware of such claim, demand or other matter. This Section shall survive termination of this Terms of Service.
FLYCLOPS Services may include hyperlinks to web sites operated by third parties including advertisers and other content providers. Those sites may collect data or solicit personal information from you. FLYCLOPS does not control such web sites, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect.
A. Remedies. You agree that this Terms of Service is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Terms of Service. You also understand and agree that this Terms of Service, the FLYCLOPS Privacy Policy and the Supplemental Terms incorporated into this Terms of Service, including FLYCLOPS's enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person.
B. Severability. If any part of this Terms of Service is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of FLYCLOPS, and the remaining portions shall remain in full force and effect.
C. Waiver. The failure of FLYCLOPS to exercise or enforce any right or provision of this Terms of Service will not constitute waiver of such right or provision. Any waiver of any provision of this Terms of Service will be effective only if in a writing signed by FLYCLOPS.
D. Governing Law. Unless otherwise agreed in writing by all parties, the laws of the Commonwealth of Pennsylvania, excluding its conflicts-of-laws rules, shall apply to all disputes arising out of and/or related in any respect to this Agreement, Your Account and/or to Your use of the FLYCLOPS Services. Unless otherwise agreed in writing by all parties, You further agree that, to the extent resort to the judicial system is permitted by law or under this Agreement, the state and federal courts located in Philadelphia, Pennsylvania shall have exclusive jurisdiction over all disputes arising out of and/or related in any respect to this Agreement, Your Account and/or to Your use of the FLYCLOPS Services, and You consent to personal jurisdiction in said forum and waive any defense of improper or inconvenient forum.
The purpose of this Section is to provide a streamlined method for resolution of disputes between us if they arise.
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
Most customer concerns can be resolved quickly and to your satisfaction by contacting Customer Support. In the unlikely event that FLYCLOPS cannot resolve a concern to your satisfaction (or if FLYCLOPS cannot resolve a concern it has with you after attempting to do so informally), then you and FLYCLOPS agree to be bound by the following procedure to resolve any and all disputes between us. This provision applies to all consumers to the fullest extent allowable by law, but expressly excludes residents of Quebec, Russia, Switzerland, the Member States of the European Union, and the Republic of Korea. By accepting these terms, you and FLYCLOPS expressly waive the right to a trial by jury or to participate in a class action. This agreement is intended to be interpreted broadly. This Section covers any and all disputes between us ("Disputes"), including without limitation:
The only disputes that are not covered by this Section are the following:
References to "FLYCLOPS," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or Software under this or prior Agreements between us. This arbitration provision evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of these Terms of Service.
A. Informal Negotiations/Notice of Dispute. You and FLYCLOPS agree to first attempt to negotiate any Dispute informally for at least 30 days before initiating arbitration. Such informal negotiations commence upon receipt of written notice from one person to the other ("Notice of Dispute"). Notices of Dispute must: (a) include the full name and contact information of the complaining party; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought ("Demand"). FLYCLOPS will send its Notice of Dispute to your billing address (if you provided it to us) or to the email address you provided to us. You will send your Notice of Dispute to: FLYCLOPS LLC, 25 S Main St, Ste 6562 Yardley PA 19067-1527, ATTENTION: Legal Department.
B. Binding Arbitration. If you and FLYCLOPS are unable to resolve a Dispute through informal negotiations within 30 days after receipt of the Notice of Dispute, either you or FLYCLOPS may elect to have the Dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT BY THIS PROVISION, YOU AND FLYCLOPS ARE FOREGOING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (AAA) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (AAA Consumer Rules), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, or if you send FLYCLOPS a notice to the Notice of Dispute address above indicating that you are unable to pay the fees required to initiate arbitration, then FLYCLOPS will promptly pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, and shall provide a statement of reasons if requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. You and FLYCLOPS may litigate in the state and federal courts located in Philadelphia, Pennsylvania to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator, only.
C. Restrictions. You and FLYCLOPS agree that any arbitration shall be limited to the Dispute between FLYCLOPS and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class action-basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AND FLYCLOPS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and FLYCLOPS agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
D. Location. Arbitration, if conducted in person, shall be initiated in Philadelphia, Pennsylvania in the United States of America. You and FLYCLOPS agree to submit to the exclusive jurisdiction of state and federal courts in Philadelphia, Pennsylvania in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
E. Limitation on Arbitrator's Authority. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
F. Changes to This Provision. Notwithstanding any provision in this Agreement to the contrary, we agree that if FLYCLOPS makes any future change to this arbitration provision (other than a change to the Notice Address), you may reject any such change by sending us written notice within 30 days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.
The Terms of Service (including the FLYCLOPS Privacy Policy and other Supplemental Terms incorporated by reference into this document) and any posted rules or instructions regarding a particular game, activity, contest, or sweepstakes constitute the entire agreement between you and FLYCLOPS relating to your rights and obligations in the use of FLYCLOPS Services. If there is any conflict between the Terms of Service and any other rules or instructions posted on a FLYCLOPS Service, FLYCLOPS shall resolve the conflict in its sole discretion.
Please note that (a) FLYCLOPS is located at 25 S Main St, Ste 6562 Yardley PA 19067-1527, (b) The fees and charges for FLYCLOPS Services vary depending on the services selected by you, and (c) If you have a complaint regarding FLYCLOPS Services or desire further information on use of FLYCLOPS Services, contact FLYCLOPS's Customer Support. If you reside in California, you may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 "R" Street, Sacramento, CA 95814 or by telephone at (916) 445-1254 or (800) 952-5210.
Bookmark http://flycl.ps/fctos and visit this site regularly for updates to FLYCLOPS Terms of Service.
Additional Terms and Conditions for Specific FLYCLOPS Services
Certain FLYCLOPS Services may require you to read and agree to terms and conditions that are specific to that FLYCLOPS Service. Your right to use that FLYCLOPS Service is subject to those specific terms and this Terms of Service. If there are any inconsistencies between the specific terms and these terms, FLYCLOPS will be the final and sole arbiter of any such inconsistencies.
Beta TestsIn its sole discretion, FLYCLOPS may contact you to review and evaluate one or more games, aspects of games, or online features prior to commercial release for the purpose of identifying program errors. You will be asked to provide to FLYCLOPS (and to FLYCLOPS only) certain feedback and suggestions regarding your experiences while reviewing and evaluating the game(s) or site feature(s). This process is known as a "Beta Test." You must sign and return to FLYCLOPS a Pre-Release Software Confidentiality Agreement ("Confidentiality Agreement") for each specific Beta Test BEFORE you will be allowed to be a tester ("Tester") and BEFORE any software will be provided or made accessible to you. Your participation as a Tester is subject to the Confidentiality Agreement and the following terms and conditions.
In connection with the Beta Test, FLYCLOPS may provide you, on a temporary basis, a pre-release copy of a game or access to a feature on the FLYCLOPS site. You understand and agree that the pre-release copy and all other materials provided to you are confidential or proprietary information of FLYCLOPS. You agree as a condition of participating in a Beta Test to (i) not copy or reproduce the pre-release copy and confidential or proprietary information, (ii) safeguard the pre-release copy and confidential and proprietary information and prevent unauthorized access to, reproduction of, disclosure of and/or unauthorized use of, the pre-release copy and confidential and proprietary information, and (iii) fully comply with the terms and conditions of the Confidentiality Agreement.
You will carry out the testing personally and not provide access to pre-release materials to any other person. You agree that breach of the above obligations will cause irreparable harm to FLYCLOPS, and FLYCLOPS is entitled to (in addition to any other remedies available to it) ex parte injunctive relief without bond to prevent the breach or threatened breach of your obligations. Your obligation to keep the beta games confidential will continue until FLYCLOPS publicly distributes, or has otherwise disclosed to the public through no fault of yours, each of the games and the content that you are testing.
Upon request, you agree to immediately return to FLYCLOPS all copies of the pre-release copy and confidential or proprietary information FLYCLOPS provided to you.
As a Tester, you are invited to play beta games for the sole purpose of evaluating the games and identifying errors. Nothing in these guidelines, or on this site, shall be construed as granting you any rights or privileges of any kind with respect to the beta games or content that you find here. The beta games are provided for testing on an "as is" and "as available" basis and we make no warranty to you of any kind, express or implied.
When playing some beta games, you may accumulate treasure, experience points, equipment, or other value or status indicators. This data may be reset at any time during the testing process, and it may be reset when the particular game completes a testing phase. In this case, all player history and data will be erased and each player will return to novice status.
By selecting a "Play" button to start a beta game, you agree that: (i) playing beta games is at your own risk and you know that the games may include known or unknown bugs, (ii) any value or status indicators that you achieve through game play may be erased at any time, (iii) FLYCLOPS has no obligation to make these games available for play without charge for any period of time, nor to make them available at all, (iv) these games may be available only by subscription once the Beta Test process is complete or at any time in the future; (v) FLYCLOPS's Terms of Service apply to your use of the games during the testing phase, and (vi) if it is a closed beta test, you will keep all information about the beta games confidential as stated above and not disclose such information to any other person.
Beta Test accounts are non-transferable under any circumstances.
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Bookmark https://flycl.ps/domino-pp-tos and visit this site regularly for updates to FLYCLOPS Terms of Service.