Terms of Service
As a user of theflyingknee.com, you must observe and
abide by the rules of conduct and policies outlined below. Failure to comply with these regulations
can result in the immediate termination of your account and you will forfeit all unused access time
to the game. No refunds will be given. If you do not agree to these terms and conditions, please
discontinue the use of the site immediately. Use of your account shall constitute your approval.
- You may not abuse, harass or threaten another
player or authorized representative of Frugal Technologies, LLC, including customer service
personnel and volunteers. This includes, but is not limited to: petitioning with
false information in an attempt to gain from it or have someone else suffer from
it; sending excessive e-mails or petitions; posting excessive comments;
obstructing Frugal Technologies LLC employees from doing their jobs; refusal to follow the
instructions of a Frugal Technologies LLC employee; or implying favoritism by a Frugal Technologies LLC employee.
- You may not use any abusive, defamatory, ethnically or racially offensive, harassing, harmful, hateful, obscene, offensive, sexually explicit, threatening or vulgar language. (Alternate spelling or partial masking of such words will be reprimanded in the same manner as the actual use of such words.)
- You may not organize nor be a member of any corporation or group within theflyingknee.com that is based on or advocates any anti-ethnic, anti-gay, anti-religious, racist, sexist or other hate-mongering philosophies
- You may not use “role-playing” as an excuse to violate these rules. Role-playing is allowed, but not at the expense of other players. The claim of role-playing is not an acceptable defense for anti-social behavior.
- You will report out-of-game issues regarding harassment, such as threatening phone calls or correspondence, to your local law enforcement officials or Internet provider. Frugal Technologies LLC will not reveal personal information about its subscribers to unauthorized individuals. We are not responsible for actions taken by our subscribers that occur outside the jurisdiction of our game servers or web site.
- You will follow the instructions of authorized
personnel while on theflyingknee.com.
- You may not violate any local, state, national or international laws or regulations.
- You may not impersonate or present yourself to
be a representative of Frugal Technologies LLC or theflyingknee.com.
- You may not advertise, employ, market, or
promote any form of solicitation – including pyramid schemes and chain letters –
via theflyingknee.com website.
- You may not market, sell, advertise, promote, solicit or otherwise arrange for the exchange or transfer of items in the game or other game services unless it is for in-game sales of in-game services or items.
- You may not arrange for the exchange or transfer of any illegal or pirated software or other contraband while you are using theflyingknee.com client, servers or website.
- You may not transmit or upload through
theflyingknee.com client, server or website any copyrighted material that you do
not own all rights to without the express written permission of the author or
copyright holder.
- You may not create, provide or use any server
emulator or other site where theflyingknee.com may be played. You may not post
or distribute emulators, software tools or utilities related to
theflyingknee.com without the express written permission of Frugal Technologies LLC.
- You may not attempt to play theflyingknee.com on any server that is not controlled or authorized by Frugal Technologies LLC.
- You may not do anything that interferes with
the ability of other theflyingknee.com subscribers to enjoy the game or web site
in accordance with its rules. This includes, but is not limited to, making
inappropriate use of any public areas of theflyingknee.com.
- You may not engage in any activity that increases the difficulty and/or expense of Frugal Technologies LLC in maintaining the theflyingknee.com client, server, web site or other services.
- You may not publish private communications from
Frugal Technologies LLC, their agents or representatives without authorization.
- You may not communicate, post or publicize any
subscriber’s personal information on theflyingknee.com.
- You may not give false information or intentionally hide or withhold any information, including billing and contact information, when registering your theflyingknee.com account subscription. You are responsible for keeping this information accurate and current.
- You will not attempt to decipher, hack into or interfere with any transmissions to or from the theflyingknee.com servers, nor will you try to create or use any third party add-ons, extras or tools for the game.
- You may not share your login credentials with anyone; violation of this rule is done at your own risk. You agree that these rules will apply to anyone that you grant permission to access your account or user information. You agree
that you will be held personally responsible for the consequences (which may include account termination)
that may result if any such person breaks the rules described herein.
- You may not exploit any bug in
theflyingknee.com to gain an unfair advantage over other players. You may not
communicate the existence of any exploitable bug to others directly or through a
public forum. Bugs should be reported via the contact link on
theflyingknee.com
- In compliance with The Children’s Online Privacy Act of April, 2000, we cannot provide subscriptions to individuals under the age of 13. If you are under the age of 13, you may not create an theflyingknee.com account and you are not eligible to enter contests or promotions.
- By subscribing to theflyingknee.com, you acknowledge that you are at least 13 years of age. If you are between 13 and 18 years of age, you must have the permission of your parent or guardian before providing the personal information required to create an account on theflyingknee.com.
- You will not encourage others to break these rules or any rules set forth in relation to theflyingknee.com’s game service or web site.
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Frugal Technologies LLC may find it necessary on occasion to make changes to, or reset, certain parameters of the game mechanics,
interface, or features of theflyingknee.com in order to maintain game balance, to enhance playability, and/or
to improve performance for its subscribers. These changes may affect, or cause setbacks, for the characters
you have created.
- All payments will be made through PayPal.com. Frugal Technologies LLC shall automatically renew your service(s) for the same duration initially
selected, with the payment method initially selected, unless you notify Frugal Technologies LLC
at least 15 days prior to the service expiration date.
- It is your responsibility to safeguard usernames, passwords, and other credentials
that would provide access to their email and/or services.
- Frugal Technologies LLC reserves the right to change pricing at any time. You will have
the option to subscribe to the service at the new price, or cancel subscription.
- You may initiate the cancellation of your account by contacting Frugal Technologies LLC. A representative
from Frugal Technologies LLC will send a confirmation via email once the account and any recurring billing has been cancelled.
Refunds will only be issued upon request, and will only be considered for unused services beyond the current billing month.
The current billing month, and any previous months, will not be refunded regardless if you used the service(s). There are no refunds for "free" months.
- Frugal Technologies LLC reserves the right to close, temporarily or permanently,
any user’s account without advance notice as we deem necessary. Furthermore, we reserve the right to
delete any user account, characters, photos and other data as we deem necessary.
- We reserve the right to remove, replace, or change any photos, text, and/or any other content that compromises the look and/or feel of the website.
We also reserve the right to remove, replace, or change any photo, text or other content that portrays our site in a fashion we are not comfortable with.
- You will not use any portion of this site to promote other sites or products. We reserve the right to remove any such content, and reserve the right to terminate accounts violating this rule without refund.
- You will not spam any portion of this site by duplicating text, images, or other content.
- We reserve the right to ban any user from the game without refund or compensation.
- We reserve the right to terminate any user's account that is causing a significant amount of overhead in terms of maintenance. An example of this would be a constant need to remove photos in violation of the above rules. Like other violations, termination based on this rule will also occur without any refund.
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You acknowledge that failure to comply with the terms set forth can result in the immediate termination
of your account and the benefits thereof with no refunds. You will forfeit any unused game time at time
of termination.
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You agree to indemnify and hold Frugal Technologies LLC
and its licensors, parents, subsidiaries, affiliates, network partner sites, officers
and employees ("Affiliated Parties"), harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or arising out of your
use of the theflyingknee.com service, the violation of the Agreement by you, or the infringement
by you, or by any other user of the theflyingknee.com service using your computer, of
any intellectual property or other right of any person or entity, or as a result
of any threatening, libelous, obscene, harassing or offensive material contained
in any communication.
- DISCLAIMER OF WARRANTY: FRUGAL TECHNOLOGIES LLC EXPRESSLY
DISCLAIMS ANY WARRANTY FOR THEFLYINGKNEE.COM SERVICE. THE THEFLYINGKNEE.COM SERVICE IS PROVIDED
ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE PERFORMANCE OF, OR ARISING
OUT OF THE USE OF THE THEFLYINGKNEE.COM SERVICE IS BORNE BY YOU. FRUGAL TECHNOLOGIES LLC MAKES NO WARRANTY
REGARDING ANY GOODS, INFORMATION OR SERVICES PURCHASED OR OBTAINED THROUGH THE USE
OF THE THEFLYINGKNEE.COM SERVICE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES,
MISDELIVERIES, AND SERVICE INTERRUPTIONS CAUSED BY ITS OWN NEGLIGENCE, SUBSCRIBERS' ERRORS OR OMMISSIONS,
OR DUE TO THE FAULT OF THIRD PARTIES. UNDER NO CIRCUMSTANCES AND UNDER NO
LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL FRUGAL TECHNOLOGIES LLC OR ITS LICENSORS OR RESELLERS
BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING
FROM THE USE OF OR THE INABILITY TO USE THE THEFLYINGKNEE.COM SERVICE, THE PERFORMANCE OF
THEFLYINGKNEE.COM SERVICE, OR DAMAGES FOR LOSS OF GOODWILL, BUSINESS PROFIT, BUSINESS STOPPAGE,
LOSS OF DATA OR BUSINESS INFORMATION, COMPUTER DAMAGE, OR DAMAGES RESULTING FROM
UNAUTHORIZED ACCESS TO OR CHANGES MADE TO YOUR TRANSMISSIONS OR DATA, OR ANY AND
ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL FRUGAL TECHNOLOGIES LLC BE LIABLE FOR
ANY DAMAGES IN EXCESS OF WHAT FRUGAL TECHNOLOGIES LLC RECEIVED FROM YOU FOR THE THEFLYINGKNEE.COM SERVICE.
THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART
OF THE AGREEMENT.
- If any provision hereof shall at any
time be held to be void, invalid or unenforceable, such provision shall be construed
as severable and shall not in any way affect or render void, invalid or unenforceable
any other provision of this Agreement, and this Agreement shall be carried out as
if such void, invalid or unenforceable provision were not part of this Agreement.
- You and Frugal Technologies LLC agree that any cause
of action arising out of or related to this Service must commence within one (1)
year after the cause of action arose; otherwise, such cause of action is permanently
barred.
- The headings in this Agreement are
for convenience only and shall not affect the meaning or interpretation of this
Agreement or any provision thereof.
- This Agreement contains the entire
understanding of the parties with respect to the subject matter hereof and supersedes
all prior and contemporaneous agreements and understandings, whether oral or written,
relating to the subject matter hereof. Frugal Technologies LLC reserves the right to modify
the Frugal Technologies LLC Service as described in the Agreement and on the site, and to change
the terms and conditions of the Agreement at any time, without notice. Continued
use of the Frugal Technologies LLC Service after such modifications shall be deemed an acceptance
by you to be bound by the terms of the modified Agreement.
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These rules may be revised at any time, without notice. It is your responsibility to review the rules occasionally
to ensure that you are in compliance with the rules, policies, and agreements designated by Frugal Technologies LLC.
- This Agreement shall be governed by
and construed in accordance with the laws of the State of Hawaii applicable to
agreements executed and performed wholly within the State of Hawaii.
- Report any violations via the contact link on www.theflyingknee.com.