Whatever you feel with DiscreetFX is OK, I'm just pointing out what I think. As I said the legal problem is not my concern, I don't give a fuck, but it is common to see sites that use a boingball go down and sites that hold ***** stay. also keep in mind discreetfx is getting quite a flow of traffic because of the toaster craze.
I think a database system is what has to come first, though. I have designed websites for years and a site like this becomes shite after some time. I know I did Shmups all by HTML and it got so tedious that I stopped development on it.