Article no. 1 : INTRODUCTION
1.2 These services comprehend, among others, an access (i) to the Games published by the Company (DOFUS, WAKFU and KROSMASTER ARENA, DOFUS TOUCH, KROSMAGA, hereafter the “Game” or collectively the “Games”), (ii) the forums available on the websites edited by the Company (the “Forums”) and (iii) the mobile application Ankama Authenticator, (iv) as well as Ankabox.
To access some Games (DOFUS, WAKFU, KROSMASTER ARENA, DOFUS TOUCH and KROSMAGA), the Company may ask you to download and install game software on your terminal (the “Client” or the “Clients”). These TOU also govern your use of the Clients.
We collectively refer to the Games, the Forums, the mobile application Ankama Authenticator, the Ankabox and the Clients as the “Service”.
1.3 As such, the TOU determine the framework of contractual relations between you (“you”) and the Company.
Article no. 2 : ACCEPTANCE
You also recognise that you are capable of entering into a valid agreement in accordance with the law, case law or the uses of your country where you have your principal residence.
If you live in the United States and if you are under 13 years of age, CAUTION! You may not create an Account and access the Service. If you are aged between 13 and 18 years, then you must obtain the consent of your parent or legal guardian.
2.2 Any use of the Service not in accordance with the TOU is prohibited.
2.3 The acceptance of the TOU is substantiated by your electronic signature, put into concrete form by the fact of ticking the box provided for this purpose or clicking on the TOU acceptance button. This acceptance is required to create an Account and/or use the Services and/or download the Games. If you disagree with these provisions, you must not tick the box or click on the TOU acceptance button. If the TOU are updated, you will be asked to mark your agreement via a box to tick or a TOU acceptance button to click, failing which you can no longer access the Services.
Article no. 3 : ACCESS
3.2 Certain Services are accessible via a mobile appliance. We mean by “mobile appliance” any mobile appliance capable of logging onto the Internet to access the said Service (mobile phones, tactile tablets, personal digital assistants…). You acknowledge that the quality of the Services, the response time or access to certain functionalities may depend on the capacity of your mobile appliance and the electronic communication network. You acknowledge that the Service offered by Ankama on mobile appliances may not be available on all mobile appliances.
3.3 Ankama grants you a limited, non-exclusive and non-transferable license to access and use the Service and its contents. This license is conditional upon compliance with the provisions of the TOU.
3.4 To access the Service and/or all functionalities of the Service, the Company may ask you to create an Ankama account (the “Account”). You can create an Account from inserts provided for this purpose on Ankama websites (the “Websites”) found in the subsite “Create an account”, “Subscription” or in the subsite “PLAY!”.
3.5 Certain Games are accessible without having to fill in the Account creation form. In this case, a guest account shall be automatically created to allow you to save data linked to the Game you wish to access, notably your progress (the “Guest Account”).
Please note that for certain Games (notably the browser-based DOFUS game), the Guest Account will not allow you to access all of the functionalities of the said Games. To obtain global access, we will ask you to register an Account by filling in the Account creation form.
Insofar as they are compatible with the provisions provided by the TOU, the rules concerning the Account are applicable to the Guest Account. By way of an example, the sanctions provided in article 10 of the TOU are applicable to the Guest Account.
Article no. 4 : ACCOUNT CREATION
Reminder: If you live in the United States, you shall not create an Account if you are under the age of 13.
4.1.2 The Account is a user account at your disposal via an account name and password.
4.1.3 The Account remains the property of the Company. You may hold only a right of access to the Service, through an Account at your disposal.
4.1.4 To create an Account, you must enter the following information:
- account name;
- email address.
4.1.5 Account management and managing personal information takes place solely on https://account.ankama.com/en/login.
4.1.6 The Account name (or login) and the password will allow you to access the Service.
The email address allows us to communicate with you in the framework of managing and monitoring your Account and to send you information relating to the Service.
4.1.7 The Account must respect the following rules as a minimum:
- personal information must be accurate, verifiable, complete and current. A valid personal email address must be provided;
- you accept not to use mandatory servers (also called proxies) would it be for registrations or connections to the Account;
- automatic account creation and/or account creation using a false or fraudulent identity is strictly prohibited.
- first and last names;
- date of birth;
- mailing address;
- phone number;
- secret question;
- secret answer.
4.2 Creation rules
Guild name and team name are visible in game by the other users.
4.2.2 The Account name, the nickname, character nicknames, guild names and team names name must meet the following rules at least:
- correspond to a pronounceable word (e.g. the word “ssdfzxjf” does not respect this rule);
- does not refer to a political orientation, ethnic group, community, religion;
- is not vulgar or insulting;
- does not have a sexual or pornographic connotation;
- does not include your name and/or surname;
- does not resemble or imitate a registered trademark or a term protected by copyright;
- does not refer to a narcotic product or other entity forbidden by law;
- does not imitate or resemble the names of the characters from the Games universe or any other creation by the Company (non-player character, hero of the story...);
- does not imitate or resemble the name of a moderator or an employee of the Company;
- is not spelled alternately in order to circumvent the rules imposed above;
- does not combine your first and last name, which, when assembled, would contravene the rules listed above.
- not to give access to your Account to a third party. The loan, share, exchange, donation, purchase, transfer and sale of accounts (or attempt) are prohibited. Any loan, share, exchange, gift, purchase, sale or transfer of account will not be enforceable against the Company and may lead to sanctions as described in article 10 of the TOU;
- to take all measures to prevent a third party accessing the Account that you have activated, even without your knowledge;
- not to play on a third party's Account;
- not to give out your login information, i.e. the Account name, password and secret answer;
- to use a personal email address and not share this email address;
- that the Company can easily contact you for any reason whatsoever, via your email address.
126.96.36.199 The Company shall not in any way be held responsible in the case of Account theft or any changes that may result to the Account.
188.8.131.52 You also acknowledge that you are presumed to be the user of your Account and as such responsible for actions taken through the use of your Account and on your Account.
184.108.40.206 You acknowledge that you, and not the Company, are responsible for all electronic communications and content sent from your computer and you must only use the Service in compliance with the law and the TOU.
4.4.1 Non certified Accounts
When you carry out your first payment using your Account (buying your first subscription or your first Ogrine pack, first Starter Pack), the Company will ask you to certify your Account. Account certification is mandatory. In order to certificate your Account, you must provide the information foreseen by article 4.1.8.
4.4.2 Certified Accounts
If your Account is already certified, the Company reserves the right to ask you to confirm, by all means necessary, your first name, last name and date of birth and to indicate your country of residence, mobile telephone number (or landline number if necessary) and secret question and answer.
Please note that all the information you provide as part of this Agreement must be accurate.
Article no. 5 : GAMES
Subject to the limitations set forth in the TOU, the Company grants you a non-exclusive, non-transferable, revocable, limited license allowing you to access and use the Game and to download, use and display the Client for your personal, non-commercial use.
You acknowledge that the use of other techniques to connect to the Game than those provided by the Company or one of its partners is prohibited.
Conditions specific to Clients: The Company authorizes you to install the Client on any machine that you own or for which you have the rights to install computer programs and store the files in question.
5.2 License limitations
Our grant of license to you is contingent on certain restrictions. Any use of Games and/or Clients at variance with the rules of this article 5.2 shall be considered as a breach of the Company copyrights.
5.2.1 You may not hack, reverse engineer, disassemble, decompile, or otherwise modify the Clients or the Games or server computer code in any way, except as expressly permitted by Ankama, or applicable law.
5.2.2 You may not modify the Games or Clients (with the exception of updates) or cause to be modified any files that are a part of the Games or the Clients in any way not expressly authorized by Ankama, and may not make any derivate works of the Game.
5.2.3 You agree not to use or create pirate servers, proxies, emulators or any other elements of this type to connect to the Game. You may only use the tools and resources offered and accepted by the Company and its Partners to connect to the Game.
5.2.4 You may not use the Client to develop any computer program.
5.2.5 You agree not to create, use, advertise, publicize or promote any program or tool capable of causing damage to the Game or the Client or of altering the gaming experience, including, without limitation, bots, viruses, Trojan horses, piracy tools, cheats, automation software, mods or any other unauthorized software designed to modify the Game or the Client. In addition, you may not take advantage of, or publicize or promote ways to take advantage of any Game system bugs or exploits.
5.2.6 You agree not to intercept or spy on the communication protocols used by the Company. Thus, you may not emulate these particular protocols, collect data via packet-sniffing, or transfer these protocols or data to another protocol (i.e., tunneling).
5.2.7 You may not develop or distribute modifications to the Client using the functionalities provided for this purpose in the form of modules (“Modules”) where the Company has not explicitly authorized the development and published the related licensing agreements, nor develop or distribute Modules using features, techniques, methods or functions other than those explicitly documented by the Company. Any module developed, distributed or used through the Client must be subject to a license for the development and use of the Modules.
5.2.8 You cannot resell all or part of the Clients and accompanying files. Generally speaking, you may not exploit the Game or the Client for any commercial purpose.
5.2.9 You agree not to distribute, even without charge, all or part of the Game or the Client and the accompanying files without the prior written permission of the Company.
5.2.10 You agree not to create, use, or disseminate any program not distributed by the Company which could be used to modify the characteristics of your Account or that of a third party, or which could adversely affect the game servers or infringe on the interests of the Company.
5.2.11 You may not use the Game in any manner that could render it inaccessible, damaged or inoperable.
5.2.12 Notwithstanding articles 5.2.1, 5.2.2, 5.2.7 and 5.2.9 hereof, Ankama may put at your disposal tools that shall allow you to modify the theme of the user interface included by default in the Clients (hereafter the “Pre-existing Theme”) as well as to modify a theme already modified by another user of the Services (hereafter the “Personalised Theme”) then to share the theme thus modified to other users of the Services.
220.127.116.11 If you create and/or share a Personalised Theme, you accept the rules that follow, which shall survive the termination of the Agreement:
- You undertake not to create and/or share a Personalised Theme likely to harm the rights of third parties (image rights, right of privacy, intellectual property right or any other right);
- you undertake not to create and/or share a Personalised Theme that could be considered as being illegal, aggressive, defamatory, pornographic, obscene, vulgar, racist, full of hate, malevolent, sexually explicit, violent or contrary to public order;
- you are prohibited from creating and/or sharing a Personalised Theme likely to cause damage to the Games, the Clients, Ankama or other users of the Services;
- you undertake not to include advertisements in the Personalised Theme;
- the sharing of a Personalised Theme can only be done for free. You are strictly prohibited from asking for compensation to the other users of the Services, whatever it is, for the use of a Personalised Theme;
- the creation, use and/or sharing of a Personalised Theme does not give you any right to any remuneration from Ankama;
- you are solely responsible for the hosting of the Personalised Theme and related costs;
- if your Personalised Theme is a protectable work, you accept to grant to Ankama, for free and for the whole world, a non-exclusive, irrevocable, transferable and perpetual licence or for the duration of the literary and artistic property applicable in your place of usual residence, to reproduce, represent, adapt, copy, repair, cite, publish, use, transform, translate, archive, preserve, modify, create derivative works, to transfer under licence or sub-licence, sell, market, distribute, transmit, diffuse and communicate in any other way, and display and execute publically all or part of a Personalised Theme in any way, in any format and on any medium whatsoever, existing or future, and this for any reason whatsoever, notably to promote the Services or promote your Personalised Theme. You guarantee that you have the full and free enjoyment of any easement of the rights conceded against any disorder, claim or eviction, as well as against any defamation and harm to good moral decency. You declare that you are sole owner of the rights attached to the modifications made to the Pre-existing Theme and that you have full power and capacity to grant the rights thereof; that you have not granted or shall not grant, during the period of the granted licence, rights that may compete with those granted above.
- if your Personalised Theme is a protectable work, you grant to all other users of the Services the right to use, copy, modify, display, execute, create derivative themes and communicate in any other way and share the Personalised Theme;
- you undertake to compensate Ankama against any appeal, legal action, dispute, claim, action and/or request for damages that any third party could form in any respect whatsoever against Ankama, due to the non-compliance with any of your obligations, statements and/or guarantees pursuant hereto;
- Ankama reserves the right (but not the obligation) at any time to prevent the use of one of the Personalised Themes hosted on a particular Website, for any reason whatsoever, notably if this or these Personalised Theme(s) and the said Website violates the terms of the Agreement.
18.104.22.168 If you wish to use a Personalised Theme, you accept the following rules:
- You accept to only use the tools made available by Ankama for the installation of the Personalised Theme;
- Your attention is drawn to the fact that Ankama does not host the Personalised Themes and has no control over their content. Thus, Ankama cannot be held responsible in the event of a breach by the user having created and/or sharing the Personalised Theme of one of the rules of article 22.214.171.124. In particular, the responsibility of Ankama cannot be sought after if the downloading, installation and/or use of a Personalised Theme causes you any damage.
5.3 Rules of conduct / Prohibited activities
5.3.1 You may not use profanity or any language that a reasonable person would find offensive obscene or otherwise improper, as determined by and in their sole discretion. Similarly, you may not display or link to such content. The following are some specific examples of offensive language and content:
- you may not engage in verbal or written attacks against anyone, including other players, Forums participants, Ankama staff, or the Community Team;
- you may not use hate speech or use the Service to participate in or form organizations, whether or not officially organized, whose ideology is based on or resembles anti-religious, anti-ethnic, anti-sexual orientation, racist, or sexist philosophies. Further, in order to maintain a fun, positive environment, you may not create posts in the Forums dedicated to real-world politics or religion.
You may not in any way disrupt or interfere, or attempt to disrupt or interfere, with the Service and Games experience of other players or staff, including the disruption of Ankama’s duties, computers, servers and related websites. The following are some specific examples of disruption:
- you may not engage in the following forms of abuse: belittling, harassing, intentionally misleading others, etc.;
- you may not use (or abuse) the Service to harass others by engaging in spamming, spimming or “flooding.” This includes excessive use of the same word, message, character, or other, in attempts to bring unwarranted visibility to your cause or for general annoyance of others. This may also take the form of gibberish or unrelated messaging.
5.3.2 You may not use any chat, forums or message services to violate any confidentiality obligations to which you may be bound, including any Nondisclosure Agreements. Also, you may not use these chats, forums or message services to disclose private communications between Ankama and you. We do not publically discuss moderation decisions or disciplinary actions taken against members and We ask that you do not either. Messages that discuss topics such as infractions, suspensions, account closures, or thread/post deletions or modifications are subject to removal and may result in further disciplinary action. In addition, do not re-post or take upon any action to publically bring up a previously locked, closed, deleted or otherwise moderated discussion.
5.3.3 You are prohibited from proceeding with any form of advertising or in-game commercial promotion via the communication means put at your disposal in the framework of the Games. Ankama may nonetheless authorise, at its sole discretion, the distribution of fan websites and other guild forums related to the universe of Ankama games, provided they do not contain any content that may harm the legislation in force and the TOU,
5.3.4 In the Games, each discussion channel has its function. You agree to use the discussion channels in accordance with their purpose. The non-compliant use of chat channels may be sanctioned, notably when done in an improper and deliberate way.
5.3.5 It is prohibited to sell or exchange Audiotels codes acquired on the Websites in the Games, on the Forums or anywhere else.
5.3.6 Your written public communications can be recorded, analyzed, or erased by the Company so that it can ensure your communications comply with legislation and the TOU. You acknowledge that you, and not Ankama, are responsible for all intra-game communications and contents sent from your computer and that you must only use the Games in accordance with the laws and the TOU.
5.3.7 You agree not to use loopholes, bugs or any other error to obtain unfair advantages in-game (notably but not in an exhaustive way, gaining experience, gaining objects, gaining time, bypassing limitations, duplicating objects or kamas) nor promote the use of these. Similarly, you agree to immediately notify the Company's Support when you notice a fault or error in the Games, Forums or any other service.
5.3.8 You agree not to host Games servers or to participate, organize or be involved in an attack against the Company's servers.
5.3.9 The use of the Service must not violate the regulations or national and international laws.
5.4 Game elements
All elements that you may obtain in our Games, whether bought by you or obtained by you following your use of our Games or in exchange for the rights of use Ogrines, Goultines or Kamas that can be used only in the game boutique KROSMAGA (hereafter the “Kamas Krosmaga”), including without limitation, game characters, all virtual objects linked to your game character(s) (equipment, frames, friends, companions, living objects, parchments, resources…), Kamas, virtual Krosmaster figurines, virtual cards of the KROSMAGA game (together the “Game Elements”) are associated with your Account. You acknowledge that the Game Elements are and remain the exclusive property of the Company. The issuing of Game Elements by the Company is strictly personal and limited to the experience in the Games. The Company exclusively gives you a right of use on the Game Elements; it does not involve a transfer of ownership that you expressly recognise. Thus this right of use shall end no later than when you close your Account, for whatever reason.
You recognise that the Game Elements have no financial value in the real world. It is strictly prohibited to exchange them for real money. Generally speaking, the loan, sharing, exchange, donation, purchase, transfer and sale of Game Elements (or their attempt) outside of the Websites, the Games and their rules are strictly prohibited and may give rise to sanctions on your Account.
Due to the constant development of Games and in particular to ensure the most balanced experience possible between players, Ankama reserves the right to modify or delete Game Elements.
5.5 Updates, changes and patches
From time to time, to improve the gaming experience, Ankama may issue updates or patches the Game and the Client (the “Updater”). Your continued use of the Game and/or the Client may be contingent on downloading and installing these updates or patches. You agree that such updates or patches shall be part of the Service as defined in the TOU.
Article no. 6 : FORUMS
The provisions of the present article do not supersede the specific rules that apply to each Forum as mentioned above and accessible at:
- DOFUS Forum: http://www.dofus.com/en/mmorpg/community/forum-rules;
- WAKFU Forum: http://www.wakfu.com/en/mmorpg/community/forum-rules;
- DOFUS TOUCH Forum: http://www.dofus-touch.com/en/mmorpg/community/forum-rules;
- KROSMAGA Forum: http://www.krosmaga.com/en/community/forum-rules.
6.2 You undertake to write using proper, comprehensible language and not to use “SMS language” or “textese”.
6.3 For your own protection, you undertake not to share your personal information, such as your Ankama Account user ID and password, on the Forums.
6.4 You are forbidden from usurping the identify of a third person and from presenting yourself as a collaborator, representative, moderator or other person linked to or affiliated with Ankama and its partners.
6.5 You undertake to respect other users, moderators, Game hosts and Ankama staff. Disrespectful comments, including, but not limited to, comments that are insulting, obscene, racist, defamatory, homophobic or xenophobic are strictly prohibited. Ankama cannot be held liable for any violation of the present article.
Furthermore, threats to the physical integrity of an individual may be reported to the applicable law enforcement authorities.
6.6 You undertake to read all contributions to a discussion before you reply to it.
6.7 You shall use the search tool before creating a new discussion. Where a discussion is already open on the same subject, it is preferable to respond to this discussion rather than creating a new one. You undertake to use the appropriate Forum section corresponding to the subject of your message.
6.8 Publishing or promoting content that is illegal, threatening, harassing, defamatory, vulgar, obscene, hateful, racist, pornographic or objectionable is prohibited. In particular, promoting any form of cheating or modification of the Game by the Client or phishing sites or sites selling virtual items or sale of Ankama sites is prohibited.
The promotion of third party products and services is prohibited, whether for commercial gain or not, without the express authorization of Ankama.
6.9 Damaging or attempting to damage in any manner whatsoever the integrity or proper operation of the Forums is prohibited.
6.10 Disclosing improper conduct which fails to comply with the TOU citing information such as the Account nickname or identity of another user is prohibited.
6.11 Sending a high volume of private messages to other users or Forum administrators is prohibited.
6.12 Sending unsolicited messages is prohibited, as is writing irrelevant comments. Practices that consist of willfully rehashing discussions, without contributing any new information, or where the subject has become obsolete, are prohibited.
Without authorization by the Company, it is prohibited to create a discussion to carry out a survey or start a petition.
6.13 It is prohibited to disclose private communications between you and Ankama. Thus, messages dealing with issues such as suspensions, Account closures or deleted messages are prohibited.
6.14 Ankama shall bear no liability for any problems encountered by visiting sites as a result of clinking on links posted on the Forums. Visiting such internet sites is entirely at your own risk.
6.15 We reserve the right to edit or delete your messages if the content thereof is deemed inappropriate, and we exclude any liability in respect thereof.
6.16 Replying to individuals who do not comply with the rules of the present article is prohibited.
Article no. 7 : ANKAMA AUTHENTICATOR
To activate this protection, you must:
- possess a compatible mobile device;
- possess a Certified Account (see cause 4.4.1);
- have access to the e-mail address associated with your Account;
- know the answer to your secret question.
Ankama does not guarantee that:
- the Authenticator is compatible with all mobile appliances, even if the application is compatible with your device's operating system;
- the latest version of the Authenticator will always be compatible with your version of the operating system or with your device. In this case, Ankama will alert you, by any means it deems appropriate, that an update to the Authenticator may lead to incompatibility with certain versions of an operating system or certain devices.
- a change in your device's operating system;
- a modification to your device's operating system (unlock, jailbreak, root, etc.);
- an update to your device's operating system;
- use of a pirated operating system;
- use of a version of an operating system not recommended by Ankama (view the recommended versions here: https://support.ankama.com/hc/en-us/articles/205082217-How-to-download-the-Authenticator-).
Article no. 8 : ANKABOX
In order to ensure the quality of the Ankabox service, you must respect the rules cited in this paragraph. If you do not respect these rules, the Company reserves the right, at its sole discretion and at any time, to send you a warning or to suspend or cancel your Account.
You are expressly forbidden to:
- usurp the identity and/or the address of another person, and/or to create false Accounts to send spam;
- use the Ankabox service to violate the License Limitations, the rules of conduct referred to in article 5.3 of the TOU, the legal rights of third parties (such as privacy rights and image reproduction rights) or to promote and/or encourage illegal activity;
- send unsolicited messages to persons with whom you have no previous relationship;
- send any content that is illegal, defamatory, fraudulent, obscene or immoral, and/or breaks the TOU;
- transfer, without authorization, content protected by copyright or trademark which belongs to a third party without their authorization or that of their licensee;
- globally, use the Ankabox service for the purposes of harming the Company and/or any persons and/or to disrupt their peace.
Article no. 9 : OGRINES, GOULTINES AND KAMAS KROSMAGA
Your attention is drawn to the fact that, according to the method of obtaining rights of use on Credits, special additional conditions may apply, notably restrictions on the scope and duration of these rights. These special conditions may feature in sales conditions or be given to you via information mentioned before their acquisition. In the event of a contradiction between these special conditions and article 9 of the TOU, the special conditions shall prevail. The fact that a stipulation featuring in article 9 of the TOU is not expressly mentioned in the special conditions does not mean that it contradicts the said article 9.
9.1 Right of use: Ankama allows you to acquire rights of use on Credits. The rights of use on Credits allow you to access contents made available to you by Ankama on Websites and/or Games. The contents to which Ankama allows you to access in exchange for Ogrines, notably subscriptions, booster packs, services that can be used within certain Games and rights of use on virtual objects, on Krosmaster virtual figurines or on Kamas that can be used in the DOFUS game, in exchange for Goultines, notably rights of use on virtual objects or services that can be used within the game DOFUS TOUCH, or in exchange for Kamas Krosmaga, notably virtual cards (in the form of boosters or decks) or services that can be used within the KROSMAGA game is called the “Exchange Contents”.
Whatever the terminology used, Ankama only supplied a right of use on Credits and not a property right, which you expressly acknowledge. You acknowledge that the Credits have no financial value in the real world and in no way constitute money or an asset of any kind. The Credits may be only converted into Exchange Contents. You must on no account transfer, sell or otherwise exchange (nor attempt to do so) the rights of use on Credits outside of the Websites, Games and their rules. Ankama can remove from your Account the Credits obtained outside of the services approved by Ankama at any time, without prior warning.
9.2 Exchange Contents: Ankama reserves the right to add and/or remove elements making up the Exchange Contents and/or modify the characteristics at any time without prior warning. Ankama also reserves the right to modify at any time the quantity of Credits needed to buy an Exchange Contents element, without prior warning.
Once you have converted your rights of use on Credits into Exchange Contents, these contents cannot be exchanged for rights of use on Credits or money, or for other goods or services. The exchange is firm and definitive.
Please note that certain elements composing the Exchange Contents can have an expiry date. In any case, as the Exchange Contents is associated with your Account, you shall no longer have access to these contents if you close your Account, for whatever reason, without you being able to claim any damages of any kind whatsoever.
Your attention is drawn to the fact that some elements composing the Exchange Contents can be linked to your Account for a certain time and can therefore not be the subject of an exchange with another player. This is the case of objects purchased from the games boutiques DOFUS and DOFUS TOUCH that are linked to your Account for a period of two (2) months from their purchase.
9.3 Duration: unless otherwise specified (notably if the rights of use on the Ogrines have been obtained via the Kamas Exchange), the duration of the rights of use on Credits starts on the day you obtain the Credits and ends on the earlier of the following two dates: (1) on the day you close your Account, for whatever reason; (2) at the end of the period provided for in the General Conditions of Sale applicable when you order the Credits, if any.
9.4 Special conditions of the Kamas Exchange (applicable only to Ogrines in the DOFUS game): in the DOFUS game, the exchange of rights of use of Kamas and rights of use of Ogrines is made on the Kamas Exchange. The amount of the exchange is fixed freely by the players. The rights of use on Ogrines bought in exchange for rights of use on Kamas cannot be the subject of an exchange with another player in the framework of the Kamas Exchange. You can however benefit from all other services proposed by the Company in exchange for rights of use on Ogrines, not involving other players. If you have obtained your rights of use on Ogrines in exchange for rights of use on Kamas, the duration of the rights of use on these Ogrines begins on the day when the Ogrines are credited to your Account and ends on the earlier of the following two dates: (1) the day your Account closes, for whatever reason; (2) ninety (90) days after the Ogrines have been credited to your Account.
Article no. 10 : SANCTIONS
10.1 In case of violation of one or more provisions of the TOU, the Games rules, the rules established on the Forums or any other document prepared by the Company, the latter reserves the right to terminate or limit without prior notice and at its sole discretion, your use and access to the Service, your Account and all other Company websites and to sanction you in the context of the Games. Sanctions are specific to particular Services and, particularly, to the Games and the Forums. In the event of conflict with the present article, specific sanctions will take precedence over the TOU.
10.2 The sanctions depend on the seriousness of the violation. They may include, without limitation, the following actions:
the warning: The warning has no direct effect on the Account. You can continue to play without change. It is there primarily to warn you that you risk greater penalties if you continue to violate the TOU;
the one (1) day ban: The one-day ban is usually used upon the first substantial infringement of the TOU. It is the first step on the Account ban scale;
the three (3) day ban: The 3-day ban is usually used in cases of repeat offending. The 3-day ban will make you understand that you incur real risks by not complying with the TOU;
the seven (7) day ban: The 7 –day ban is usually used in cases of severe violations;
the fifteen (15) day ban: The 15-day ban is the most serious sanction before the final closure of the Account. When an Account is suspended for 15 days, you absolutely need to adopt an irreproachable conduct otherwise you risk being banned forever;
definitive ban: The Account is permanently closed and you can no longer access it. This penalty is usually applied in cases of recurrence or of serious or unforgivable disregard for the TOU (and, particularly, in cases where payment has been made without the permission of the individual owning the means of payment).
10.3 The Company reserves the right to impose any penalty on an Account, given the gravity of the violation, without first giving notice of or applying a penalty of shorter duration in advance. You agree that sanctions are final and you cannot in any way challenge the decisions taken by the Company.
10.4 The Company reserves the right to change Account names, the nickname, character names and guild names and team names that do not comply with the rules set forth above and those that are deemed unsuitable by the Company. The Company may also temporarily or permanently suspend access to the Account or delete a guild, without compensation.
10.5 The Company reserves the right to suspend all your Accounts according to the gravity of the violation.
10.6 In addition to the penalties described above, the Company will take appropriate sanctions, including civil prosecution and criminal proceedings against the offender.
10.7 If the Company notices a behavior or suspect or abnormal operations on your Account, which can lead to a violation of the TOU, the Company reserves the right, to its sole discretion, to block your Account for the time needed to do verifications or investigations. The Company will decide at its sole discretion to give you a compensation or not if your Account is blocked.
10.8 If you have acquired, directly or indirectly, in-game items or money, in a fraudulent manner (notably through exploits, bots cheating technics, farming, or theft), the Company reserves the right to access your Account and delete all or part of your inventory.
Also, the Company reserves the right to modify all your characteristics (notably your level, ability points, spell level etc) if it turns out you have benefited of an exploit or of any other techniques allowing you to boost your characteristics in a fraudulent manner.
10.9 Except as otherwise provided in the TOU or through an exceptional arrangement with the Company, there will be no refund if the Account is cancelled before the end of the subscription period or if Ogrines are still available on the Account or if you have bought a Starter Pack or virtual objects.
10.10 The fact of besmirching, injuring, harassing, threatening a member of staff, a representative, a moderator of Ankama or any other person linked or affiliated with Ankama or one of its partners and service providers, having a behaviour or making harmful, violent, obscene, vulgar, hateful, shocking remarks with regard these same people, invading their privacy or in any other way infringing their rights can give rise to sanctions on your Account(s) whatever the means of expression used.
Article no. 11 : SUPPORT
11.2 Ankama Support will do everything to assist you as soon as possible. Nonetheless, Support reserves the right not to answer a request, notably in the event of non-compliance with the rules of this article.
11.3 Any harassment, threat, insult or other inadequate behaviour with regard the Support advisors will lead to the processing being stopped and may give rise to sanctions in accordance with article 10.10.
11.4 Support provides assistance for problems having an impact on accessibility and/or the user-friendliness of the player but does not have the mission of answering problems linked to progress in the Games.
11.5 In the event of identity theft and/or falsification of documents and/or attempt of one or other of these infringements, Support reserves the right to sanction the Account(s) belonging to the fraudster.
11.6 In the case that you suspect any breach of security, including loss, theft or unauthorized use of your IDs or any other problem related to the security of your Account, you will immediately notify the Company via its Support team. Subject to proving your identity, the Company will then reset your password or your secret answer and offer solutions to improve the security of your Account. The Company may also block access to the Account in question, during the time take to investigate the issue. Following the investigation, the Company will settle the dispute at its sole discretion.
12.2 Any personal information collected is stored on a computer database which allows us to contact you regarding your orders, or, in a more general manner, to provide customer services, to verify your identity during correspondence with Support or to give you access to your Account.
According the Data Protection Act of January 6th, 1978, you are entitled to access and modify information about yourself. You can exercise this right through Support, https://support.ankama.com/hc/en-us, stating your first name(s), last name, e-mail and home address and providing proof of your identity.
You also have the right to oppose the storage of your personal information, if you have a legitimate reason for doing so.
12.3 Ankama may use service providers who will collect your personal data in the name of and on behalf of Ankama in order to perform the tasks required to carry out your order, deliver the products, process your payments and combat fraud. Ankama may also be required to securely disclose some of your data, including inter alia personal data, for the same purposes to these service providers.
Ankama may share your personal details with third party service providers situated outside the European Union, particularly Canada, Brazil, Singapore, the Philippines and the USA.
These details are sent to recipients outside the European Union to build good customer relationships. Ankama has taken every necessary precaution to ensure that your personal details are sufficiently protected, under contractual clauses established by the European Commission.
12.4 Except in cases foreseen by article 12.3, the Company commits to not communicate your personal information to any third party, and to make every effort to prevent the dissemination thereof, unless specifically authorized by you. The Company reserves the right to prosecute anyone attempting to access personal information that does not concern them.
12.5 The Company is under no obligation to provide information linked to a specific Account, even if requested by a user, except to competent authorities as part of a criminal investigation.
12.7 The Company reserves the right to collect certain information about your computer (IP, ISP, configuration of hardware and software), mobile appliance (brand, model, version of operating system) notably when you install any game published by Ankama and in case of modifications made to your computer’s hardware. We can use this information for statistical purposes (notably, to improve game performance) and to aid bug management and to allow Us to assist you if you encounter a technical problem when using our Services.
12.8 The Company also reserves the right to collect certain information based on your in-game activity (including the log and history of all data exchanges, connection log and history or all other data linked to the actions carried out in the Games). The Company may use this information as it sees fit, notably to improve the in-game experience and to ensure the terms of this Agreement are respected.
12.9 All information contained on the servers may be used by the Company to carry out any type of control for the purposes of prevention and sanction.
12.10 Information to minors: We keep the information you communicate to us (surname, first name, date of birth, email address, postal address, telephone number) to be able to communicate with you regarding your Account, to monitor your purchases, to help you resolve security problems that may affect your Account and to send you information about our Services. When creating your Account, We ask you to enter an Account name and a password: this Account name and this password will allow you to access our Services, notably our Games. Warning: this Account name and this password must remain secret; never communicate them to other people.
You have the right to access and rectify your data. To exercise this right and obtain communication or deletion of information concerning you, with the help of your parents, on our website https://support.ankama.com/hc/en-us.
Article no. 13 : LIABILITY AND WARRANTY
13.1 Changes, disruptions or terminations of the Service
The Company provides the Service as the Service is published. The Company may then cease to publish the Service and permanently discontinue the Service. You will be notified in advance. The Company may also discontinue the Service in case of its closure.
Ankama may modify, suspend or restrict the Service at any time, for any reason, without liability to you. Ankama shall not be liable to you for cessation, interruption or delay in the Services due to any causes beyond their reasonable control including but not limited to: earthquake, flood, fire, storm or other natural disaster, epidemic, accident, explosion, casualty, act of God, act of terrorism, hacking, lockout, strike, labor controversy or threat thereof, riot, insurrection, civil disturbance or commotion, boycott, disruption of the public markets, war or armed conflict (whether or not officially declared), sabotage, act of a public enemy, embargo, delay of a common carrier, the inability to obtain sufficient material, supplies, labor, transportation, power or other essential commodity or service required in the conduct of its business, or any change in or the adoption of any law.
Further, the Service may be terminated or otherwise discontinued by Ankama without prior notice without any liability to you whatsoever. You acknowledge that the Service may experience interruptions, disruptions or other forms of downtime from time to time, for various reasons, and Ankama shall not be liable to you in any way as a result.
13.2 Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ACKNOWLEDGE AND AGREE THAT:
ANKAMA EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT;
THE SERVICE IS PROVIDED “AS IS”, WITHOUT ANY FURTHER WARRANTIES OF ANY KIND;
YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SERVICE. FOR MINOR USERS, THE RESPONSIBILITY RESTS WITH THEIR LEGAL REPRESENTATIVES;
ANKAMA DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
13.3 Limited Liability / Remedy
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANKAMA AND/OR ITS AFFILIATES AND LICENSORS HAVE NO LIABILITY TO YOU WHATSOEVER, AND IN NO EVENT WILL ANKAMA AND/OR ANY OF ITS PARENT, SUBSIDIARY, OR AFFILIATED COMPANIES BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES), ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, YOUR USE OF THE SERVICE OR OTHER MATERIALS PROVIDED TO YOU BY ANKAMA, REGARDLESS OF THE LEGAL THEORY. UNDER NO CIRCUMSTANCES WILL ANKAMA BE LIABLE TO YOU FOR MORE THAN THE AMOUNT OF MONEY YOU HAVE SPENT THROUGH THE SERVICE, WHICH SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
THE COMPANY SHALL NOT BE HELD RESPONSIBLE FOR LINKS FROM WEB PAGES OR OTHER SITES LEADING TO THE SERVICE, BUT NOT MANAGED BY THE COMPANY, OR ANY LINKS CONTAINED ON THE SERVICE LEADING TO WEB PAGES OR OTHER LOCATIONS MANAGED AND PUBLISHED BY OTHERS, WHERE THE THIRD PARTIES MANAGING AND EDITING THE CONTENT DO NOT COMPLY WITH FRENCH, EUROPEAN OR INTERNATIONAL REGULATIONS.
Some jurisdictions do not allow the exclusion or limitation of liability; limitations or exclusions may well not apply to you.
Article no. 14 : INTELLECTUAL PROPERTY / TRADEMARKS
14.2 Any information relating to the Service or Company’s websites is owned by the Company and is protected by French, European and international copyright law. You must therefore adhere to the prohibitions laid down in articles 5.2, 5.3 and 5.4.
You have no right, in whole or in part, to copy, reproduce, translate, retrieve, edit the source code, disassemble, decompile, modify, rent, sell, distribute or create derivative works based on the Games or content without the prior written consent of the Company. Reverse engineering is strictly prohibited.
14.3 Any trademarks appearing on the Service or Company’s websites are trademarks created by the Company or for which it holds the royalties. You cannot use these trademarks without prior written permission from the Company. You do not have permission to use Meta tags or any other “hidden text” utilizing names and trademarks of Company without prior written consent thereto.
Other marks appearing on the Service or the websites, which do not belong to the Company, belong to their respective owners.
14.4 Any non-compliant use ends the authorisation or the licence granted by Ankama.
Article no. 15 : TERMINATION
15.2 Termination at your initiative: you can request the termination of the Agreement and thus the closing of your Account at any time and with no reason, subject to proving your identity. You must therefore inform Ankama of this via its Support (https://support.ankama.com/hc/en-us) by creating a ticket. Subject to compliance with the aforementioned termination procedure, the termination of your Account shall be effective within a reasonable period after receipt of your request by Support.
15.3 Termination at the initiative of Ankama: the Company may, in turn, close your Account and consequently terminate ipso jure this Agreement with or without prior notice, if you do not comply with the laws and rules set out in the TOU, the General Conditions of Sale (https://account.ankama.com/en/gcs) and by all documents expressly incorporated herein by reference. The Company also reserves the right to take all necessary measures to cover the prejudice it will have suffered.
15.4 Consequences of termination: In all termination cases, your Account will be closed and consequently, you will no longer be able to access the Services and the Games. You have to delete the Clients and the Games on your computer and/or mobile appliance. In the case of termination invoked above, you can no longer claim any indemnity for unused Ogrines, Goultines and Krosmaga Kamas and possible periods that have still not expired on the effective termination date.
Article no. 16 : EPILEPSY
Article no. 17 : GENERAL
17.2 No Waiver: No Waiver by Ankama of any term, provision or condition of this Agreement shall be deemed to be or construed as a waiver of any other term, provision or condition of this Agreement. No Ankama customer service representative of any other personnel of Ankama who interacts with you is legally empowered to bind Ankama to any amendment or waiver of the terms of this Agreement.
17.4 Changes to this Agreement: Ankama reserves the right, at its sole discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement. Ankama will notify you of any such material changes in one of the following ways at its sole discretion: through email, website posting, pop-up screen or in-Service notice. If you do not agree to any such change or modification, you may terminate this Agreement by quitting the Service and deleting the Client and all related files. Your continued use of the Service following any revision to this Agreement will demonstrate your full acceptance of any and all such changes.
17.6 Survival: In the event of termination of this Agreement, articles 3.1, 5.2, 5.3, 5.4, 12, 13, 14 and 17 remain applicable.
All applicable texts to which the TOU refer:
General conditions of sale: https://account.ankama.com/en/gcs
Forum Rules: DOFUS (http://www.dofus.com/en/mmorpg/community/forum-rules) - WAKFU (http://www.wakfu.com/en/mmorpg/community/forum-rules) - DOFUS TOUCH Forum: http://www.dofus-touch.com/en/mmorpg/community/forum-rules - KROSMAGA Forum: http://www.krosmaga.com/en/community/forum-rules.
Last update: October 2016