Article no. 1 : PRESENTATION OF THE TOU
1.2 These services include, among others, access to (i) the various games published by Ankama (DOFUS, WAKFU, KROSMASTER ARENA, DOFUS TOUCH, KROSMAGA, hereinafter the "Game" or collectively the "Games"), (ii) the discussion forums available on the websites edited by the Company (hereinafter the "Forums"), (iii) the Ankama Authenticator mobile application, and (iv) the Ankabox.
To access certain Games (DOFUS, WAKFU, KROSMASTER ARENA, DOFUS TOUCH and KROSMAGA), the Company may ask you to download and install software on your terminal (hereinafter the "Client" or the "Clients"). These TOU also govern the use of these Clients.
The Games, the Forums, the Ankama Authenticator mobile application, the Ankabox and the Clients are collectively referred to as the "Services".
1.3 As such, the TOU determine the framework of contractual relations between the Service user (hereinafter "you") and Ankama.
Article no. 2 : ACCEPTANCE OF THE TOU
2.1 You acknowledge that you are an individual who has reached the age of majority in your country of habitual residence or, if you are a minor and the law of your country of habitual residence demands it, have obtained permission from your legal representative (parent or guardian) to create an Account and/or to access the Services. You also acknowledge that you are capable of entering into a valid agreement in accordance with the law, case law or the customs of your country of habitual residence.
If you live in the United States and are under 13 years of age, CAUTION! You may not create an Account and access the Services. If you are aged between 13 and 18 years, then you must obtain consent from your legal representative (parent or guardian).
2.2 Any use of the Services which is not in accordance with the TOU is prohibited and may lead to the termination thereof, in accordance with the terms set forth in Article 15 hereinafter.2.3 The acceptance of the TOU is established by your electronic signature, substantiated by having checked the box provided for this purpose or by having clicked 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 check the box or click on the TOU acceptance button. In the event that the TOU are updated, you will be asked to mark your agreement by filling a check box or clicking on a TOU acceptance button, failing which you may no longer access the Services.
Article no. 3 : ACCESS
3.1 As the Service is offered on the Internet, you must have an internet connection to access it. All costs of telephone connections and Internet access are at your expense. Ankama shall bear no liability for damage you may suffer as a result of using an internet connection or as a result of malware being installed on your computer.
3.2 Certain Services are accessible via mobile devices. By "mobile device", it is meant any mobile device capable of connecting to the Internet to access the aforementioned Services (mobile phones, tactile tablets, personal digital assistants, etc.). You acknowledge that the quality of the Services, the response time or the access to certain functionalities may depend on the capabilities of your mobile device and of the electronic communication network. You acknowledge that the Services offered on mobile devices by Ankama may not be available on all mobile devices.
3.3 Ankama grants you a limited, non-exclusive and non-transferable license to access and use the Services and their contents. This license is subject to compliance with the rules set forth by the TOU.
3.4 To access the Services and/or all of the Services' functionalities, the Company may ask you to create an Ankama account (hereinafter the "Account"). You can create an Account from the inserts provided for this purpose on Ankama websites (hereinafter the "Websites"), found in the "Create an account", "Subscription", and "PLAY!" sections.
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, such as your progress (hereinafter the "Guest Account").
Please note that for certain Games (such as the browser-based DOFUS game), the Guest Account will not allow you to access all of the functionalities of the aforementioned Games. To obtain comprehensive 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 for by the TOU, the rules concerning the Account are applicable to the Guest Account. By way of example, the sanctions provided for in Article 10 of the TOU are applicable to the Guest Account.
Article no. 4 : ACCOUNT CREATION
4.1.1 To create an Account, you must be an individual who has reached the age of majority in your country of habitual residence or, if you are a minor and the law of your country of habitual residence demands it, have obtained permission from your legal representative (parent or guardian), and, in any case, be legally able to enter into an agreement with the Company.
Reminder: if you live in the United States, you may not create an Account if you are under the age of 13.
4.1.2 The Account is a user account provided to you using an Account name and password.
4.1.3 The Account remains the property of the Company. You only hold a right of access to the Service, through an Account provided to you.
4.1.4 To create an Account, you must enter the following information:
- Account name;
- e-mail address.
The first time you access the Service, you will be asked to enter a nickname.
4.1.5 The Account and your personal details are managed solely via https://account.ankama.com/en/login.
4.1.6 The Account name (or login) and password allow you to access the Services. The email address allows us to communicate with you to manage and monitor your Account, and to send you information relating to the Services.
4.1.7 The Account must respect the following rules as a minimum:
- personal details must be accurate, verifiable, complete and up-to-date. A valid personal email address must be provided;
- you accept not to use intermediary servers (also called proxies), whether for Account registration or connecting to the Account;
- automatic Account creation and/or Account creation using a false or fraudulent identity is strictly prohibited.
4.1.8 Upon certification of your Account (i.e. the first time you make a payment on our Websites), you will be asked to provide additional information:
- first name;
- last name;
- date of birth;
- mailing address;
- ZIP/postal code;
- country of residence;
- mobile or landline telephone number, as appropriate (optional);
- secret question;
- secret answer.
If any of your information changes, such as your mailing address or e-mail address, you must notify the Company as soon as possible.
4.2 Creation rules
4.2.1 The Account name is not visible to other users.
The nickname differs from the Account name and is visible on Forums and in-game. The owner of an Account is known to other users through his/her nickname. The nickname identifies you as a person. In the Games, the character nickname is complementary to the Account nickname. It is visible to other users. The character nickname corresponds to the role you play in-game. The guild name and team name are visible to other users in-game.
4.2.2 The Account name, the nickname, character nicknames, guild names and team names, as a minimum, must:
- correspond to a pronounceable word (e.g. the word "ssdfzxjf" does not respect this rule);
- not refer to a political orientation, ethnic group, community, or religion;
- not be vulgar or insulting;
- not have a sexual or pornographic connotation;
- not include your first name and/or surname;
- not resemble or imitate a registered trademark or a term protected by copyright;
- not promote a commercial service;
- not refer to a narcotic product or other entity prohibited by law;
- not resemble or imitate the names of characters from the Games' universe or from any of the Company's other creations (non-player characters, heroes of the story…);
- not resemble or imitate the name of a moderator or an employee of the Company;
- not be spelled in an alternative way in order to circumvent the rules imposed above;
- not combine your first and last names, which, when put together, would contravene the rules provided for above.
The assessment of compliance or non-compliance with these provisions (in particular, compliance with the provision in relation to resemblance between the Account name, nickname, character name, guild name, team name, or another term) is at the Company's discretion.
To ensure the security of your Account and to avoid the theft of an Account, commonly known as "hacking an account", you undertake:
- not to give access to your Account to a third party. The loaning, sharing, exchange, donation, purchase, transfer, and sale of Accounts (or attempt thereof) are prohibited. The Company cannot be held responsible for any loaning, sharing, exchange, donation, purchase, transfer or sale of Accounts, which may give rise to the sanctions provided for in Article 10 of these TOU;
- to take all measures to prevent a third party from accessing the Account you have activated, even without your knowledge;
- not to play on a third party's Account;
- not to give out your login details, i.e. the Account name, password, and secret answer;
- to use a personal email address and not to share this email address;
- to allow Ankama to easily contact you, for any reason whatsoever, via your email address.
18.104.22.168 The security of your Account is solely your responsibility, and Ankama shall not be held liable for damages that may result to your Account or your computer after losing or sharing your Account login details.
22.214.171.124 The Company shall not in any way be held responsible in the case of Account theft or any changes that may result to your Account.
126.96.36.199 You also acknowledge that you are presumed to be the user of your Account, and, as such, are responsible for actions taken through the use of your Account and on your Account.
188.8.131.52 You acknowledge that you, and not the Company, are responsible for all electronic communications and content sent from your computer, and that you must only use the Services 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, your first Ogrine pack, or your first Starter Pack), the Company will ask you to certify your Account. Account certification is mandatory. In order to certify your Account, you must provide the details provided for in Article 4.1.8.
4.4.2 Certified Accounts
If your Account is already certified, Ankama 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 details you provide as part of these TOU must be accurate.
Article no. 5 : GAMES
Subject to the provisions of the TOU, the Company grants you a non-exclusive, non-transferable, revocable, limited license allowing you to access and use the Games and to download, install and use the Clients for your personal, non-commercial use. You acknowledge that the use of techniques to connect to the Games other than those provided by Ankama or one of its partners is prohibited.
Conditions specific to the Clients: The Company authorizes you to install the Clients 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
The license granted to you is subject to certain limitations. Any use of the Games and/or Clients not conforming to the rules of Article 5.2 shall be considered as a breach of the Company's copyrights.
5.2.1 You may not reverse engineer, disassemble, decompile, edit or otherwise modify all or part of the Clients or Games, unless expressly permitted by Ankama or the legislation in force.
5.2.2 You may not modify the Games or Clients (with the exception of updates). You may not modify, or cause to be modified, any files that are a part of the Games or the Clients in any way not expressly authorized by the Company, and you may not make any derivate works of the Games.
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 Games. You may only use the tools and methods offered and accepted by the Company to connect to the Games.
5.2.4 You may not use the Client to develop any computer program.
5.2.5 You agree not to create, use, advertise, or promote any program or tool capable of causing damage to the Games or the Clients, or of altering the experience of the Games, including (but not limited to) bots, viruses, Trojan horses, piracy tools, cheats, automation software, mods, or any other unauthorized software intended to modify the Games or the Clients.
5.2.6 You agree not to intercept or spy on the communication protocols used by the Company, nor to use an interceptor for the data or the protocol. As such, you may not emulate these protocols, collect data via packet-sniffing, or transfer these protocols or data to another protocol (tunneling).
5.2.7 You shall not develop or distribute modifications to the Clients using the features provided for this purpose in the form of modules (hereinafter the "Module" or "Modules") where the Company has not explicitly authorized the development thereof and published the related licensing agreements, nor develop or distribute Modules using other features, techniques, methods or functions other than those explicitly documented by Ankama. 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 their accompanying files. Generally, you undertake not to use and exploit the Games and/or the Clients for any commercial purpose.
5.2.9 You agree not to distribute, even free of charge, all or part of the Clients and the accompanying files without the prior written permission of Ankama.
5.2.10 You agree not to create, use, or disseminate any program not distributed by Ankama which could be used to modify the characteristics of your Account or that of a third party, or which could adversely affect the servers or infringe on the interests of the Company.
5.2.11 You may not use the Games in any manner that could render them inaccessible, damaged, or inoperable.
5.2.12 As an exception to Articles 5.2.1, 5.2.2, 5.2.7 and 5.2.9 hereof, Ankama may make tools available that shall allow you to modify the theme of the user interface included by default in the Clients (hereinafter the "Pre-existing Theme") as well as to modify a theme already modified by another user of the Services (hereinafter the "Personalized Theme") then to share the theme thus modified to other users of the Services.
184.108.40.206 If you create and/or share a Personalized Theme, you accept the following rules, which shall apply beyond the termination of the Agreement:
- you undertake not to create and/or share a Personalized Theme likely to harm the rights of third parties (image rights, privacy rights, intellectual property rights or any other right);
- you undertake not to create and/or share a Personalized Theme that could be considered as being illegal, aggressive, defamatory, pornographic, obscene, vulgar, racist, hateful, malevolent, sexually explicit, violent, or contrary to public order;
- you are prohibited from creating and/or sharing a Personalized 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 Personalized Theme;
- sharing a Personalized Theme can only be done free of charge. You are strictly prohibited from asking for compensation from other users of the Services, in any manner whatsoever, for the use of a Personalized Theme;
- the creation, use and/or sharing of a Personalized Theme does not give you any right to any remuneration from Ankama;
- you are solely responsible for hosting the Personalized Theme and related costs;
- if your Personalized Theme is a protected work, you agree to grant to Ankama, free of charge and for the whole world, a non-exclusive, irrevocable, transferable and perpetual license or for the duration of the literary and artistic property applicable in your habitual place of residence, to reproduce, represent, adapt, copy, repair, cite, publish, use, transform, translate, archive, preserve, modify, create derivative works of, transfer under license or sub-license, sell, market, distribute, transmit, diffuse and communicate in any other way, and display and execute publicly all or part of a Personalized Theme in any way, in any format and on any medium whatsoever, existing or future, and for any reason whatsoever, and in particular, to promote the Services or promote your Personalized Theme.
You guarantee that you have the full use, free of any limitation 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 nor shall grant, during the period of the granted license, rights that may compete with those granted above.
- if your Personalized 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 Personalized 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 is not obligated) at any time to prevent the use of one or more of the Personalized Theme(s) hosted on a particular Website, for any reason whatsoever, in particular if this or these Personalized Theme(s) and/or the said Website violate(s) the terms of the Agreement.
220.127.116.11 If you wish to use a Personalized Theme, you accept the following rules:
- you accept to only use the tools made available by Ankama for the installation of the Personalized Theme;
- your attention is drawn to the fact that Ankama does not host Personalized Themes and has no control over their content. Thus, Ankama cannot be held responsible in the event of a breach of one of the rules in Article 18.104.22.168 by the user who created and/or shared the Personalized Theme. In particular, the responsibility of Ankama cannot be sought if the downloading, installation and/or use of a Personalized Theme causes you any damage whatsoever.
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 impersonate any person or entity or fraudulently hold yourself out as an employee, representative, or any other person or connected or affiliated with Ankama. This means you cannot log into someone else’s Account, or deceive or mislead other people as to your identify. For your own safety, we encourage users to safeguard their privacy, remain anonymous, and never give out personal information to other users.
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.
You may not conduct or promote any illegal activities whatsoever in connection with the Service. This includes every illegal activity not specifically highlighted above, including without limitation copyright infringement, trademark infringement, gambling, substance abuse, defamation, harassment, fraud, and virus or trojan horse transmission.
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 methods provided to you as part of the Games. Ankama may nonetheless authorize, at its sole discretion, the dissemination of fan websites and other guild forums related to the universe of the 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 use of chat channels which is not in accordance may be sanctioned, especially when done in an abusive and deliberate way.
5.3.5 You are prohibited from selling or exchanging, in the Games, on the Forums, or anywhere else, Audiotel codes acquired on the Websites.
5.3.6 Your written, public communications may 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 content sent from your computer and that you must only use the Games in accordance with legislation and the TOU.
5.3.7 You agree not to use loopholes, bugs or any other type of error to obtain advantages in-game (including, but not limited to, gaining experience, gaining items, gaining time, bypassing restrictions, duplicating items or kamas), nor to promote the use of these. Similarly, you undertake to immediately notify Ankama's Support when you notice a loophole or error in the Games.
5.3.8 You agree not to participate in, organize or be involved in an attack against Ankama's servers.
5.3.9 Generally, use of the Services must not violate national and international legislation and regulations.
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 of Ogrines, Goultines or Kamas that can be used only in the KROSMAGA game shop (hereinafter the "Krosmaga Kamas"), including, but not limited to, game characters, all virtual items linked to your game character(s) (equipment, mounts, pets, sidekicks, living items, scrolls, resources…), Kamas, virtual Krosmaster figurines, virtual cards from the KROSMAGA game (hereinafter collectively referred to as 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 over the Game Elements; it does not involve a transfer of ownership, which you expressly acknowledge. Thus, this right of use shall be terminated no later than upon closure of your Account, for whatever reason.
You acknowledge that the Game Elements have no financial value in the real world. It is strictly prohibited to exchange them for real money. Generally, the loaning, sharing, exchange, donation, purchase, transfer, and sale of Game Elements (or attempts to do so) 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 the Games, and in particular to ensure the most balanced experience possible between players, Ankama reserves the right to modify or delete Game Elements.
In order to improve the experience of the Games, Ankama reserves the right to issue updates or patches to the Clients and the Games (hereinafter the "Updater"). For these updates and patches to be effective, and so you can continue to play the Games, you agree to install these Updaters. The Games, the Clients, and their updates constitute an indivisible whole, inseparable from their components, which remain subject to the TOU.
Article no. 6 : FORUMS
6.1 The provisions of this Article are applicable to all Forums edited by Ankama that contain a link to the TOU.
The provisions of this Article do not supersede the specific rules applicable to each Forum mentioned 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.
In the event that this Article conflicts with the specific rules, the specific rules shall prevail and shall supersede the provisions of this Article.
6.2 You undertake to write using proper, comprehensible language and not to use "SMS language" or "textese/textspeak".
6.3 For your own protection, you undertake not to share your personal details, as well as your Ankama Account login details and password, on the Forums.
6.4 You are prohibited from usurping the identity of a third party and, in particular, from presenting yourself as an employee, representative, moderator or other person linked to or affiliated with Ankama and its partners.
6.5 You undertake to respect other users, moderators, in-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 responsible for any breach of this Article.
Furthermore, threats to the physical integrity of an individual may be reported to the relevant judicial authorities.
6.6 You undertake to read all contributions to a discussion before replying to it.
6.7 You undertake to use the search tool before creating a new discussion. If a discussion is already open regarding 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 that corresponds to the topic 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, modification of the Games' Clients, phishing sites, sites selling virtual items, or sale of Ankama Accounts is prohibited.
Promoting 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, the integrity or proper operation of the Forums in any manner whatsoever is prohibited.
6.10 Disclosing improper conduct which fails to comply with the TOU by citing details such as the Account nickname or the character 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 topic has become obsolete, are also prohibited.
Without authorization from the Company, creating a discussion to carry out a survey or to start a petition is prohibited.
6.13 Disclosing private communications between you and Ankama is prohibited. This includes messages dealing with issues such as bans, Account closures or deleted messages, which are prohibited.
6.14 Ankama shall bear no liability for any problems encountered by visiting certain websites as a result of clicking on links posted on the Forums. Visiting such websites 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 refuse any liability in relation thereto.
6.16 Replying to individuals who do not comply with the rules of this Article is prohibited.
Article no. 7 : ANKAMA AUTHENTICATOR
The Ankama Authenticator is a mobile application, available on compatible mobile devices, which reinforces the security of your Ankama Account (hereinafter the "Authenticator"). Please read the "Ankama Authenticator" section on the Support website (https://support.ankama.com/hc/en-us/sections/200297533-Ankama-Authenticator) for more information about how the Authenticator works. A tutorial is also provided as part of the application.
To activate this protection, you must:
- possess a compatible mobile device;
- possess a certified Account (see Article 4.4.1);
- have access to the e-mail address associated with your Account;
- know the answer to your secret question.
Before activating the Authenticator, please ensure that all of the details provided in your Account are accurate. If this is not the case, Ankama will be unable to assist you should you encounter a problem when using the Authenticator.
Ankama does not guarantee that:
- the Authenticator is compatible with all mobile devices, or specifically that 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.
Furthermore, Ankama does not guarantee that the Authenticator will function correctly in the following cases:
- a change in your device's operating system;
- a modification to your device's operating system (unlocking, jailbreaking, rooting, 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-).
Ankama may not be held liable if one of the above situations results in the Authenticator malfunctioning.
Article no. 8 : ANKABOX
The Company claims no right of ownership over the content of any messages you send via the Ankabox service. The Company does not access your messages, except out of technical necessity to provide the messaging service. The Company may carry out automatic operations across the entire Ankabox service in order to improve this service or the experience offered by any of the Games it publishes.
In order to ensure the quality of the Ankabox service, you undertake to 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 terminate your Account. Thus, it is expressly prohibited to:
- usurp the identity and/or the address of another person, and/or create false Accounts to send spam;
- use the Ankabox service to breach 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 any 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 whose aim is to contravene 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;
- generally, use the Ankabox service for the purposes of harming the Company and/or any persons, and/or disrupting their peace.
Article no. 9 : OGRINES, GOULTINES AND KAMAS KROSMAGA
This Article concerns your use of Ogrines, Goultines and Krosmaga Kamas (hereinafter collectively referred to as the "Credits"). These conditions apply to you once you access these Credits, and whatever their method of being obtained (including, but not limited to, via the purchase of packs of Ogrines or Starter Packs on the Websites or on the websites of our partners distributing the Games, via the purchase of packs of Goultines in the DOFUS TOUCH game, via the purchase of packs of Krosmaga Kamas on the Websites or in the KROSMAGA game, as part of promotions, tournaments or competitions, as a reward or a gift, via Ogrines cards sold or offered during special events or on the website www.ankama-shop.com or for Ogrines, in exchange for the rights of use over Kamas in the DOFUS game).
Your attention is drawn to the fact that, according to the method of obtaining rights of use over Credits, additional special conditions may apply, in particular restrictions regarding the scope and duration of these rights. These special conditions may feature in sales conditions or be given to you via information provided before their purchase. 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 aforementioned Article 9.
9.1 Right of use: Ankama allows you to acquire rights of use over Credits. The rights of use over Credits allow you to access content made available to you by Ankama on the Websites and/or Games. The content to which Ankama allows you access in exchange for Ogrines, including subscriptions, booster packs, services that can be used within certain Games and rights of use over virtual objects, over Krosmaster virtual figurines or over Kamas that can be used in the DOFUS game, in exchange for Goultines, including rights of use over virtual objects or services that can be used within the DOFUS TOUCH game, or in exchange for Krosmaga Kamas, including virtual cards (in the form of boosters or decks) or services that can be used within the KROSMAGA game, is called the "Exchange Content".
Whatever the terminology used, Ankama only supplies a right of use over Credits and not a right of ownership, which you expressly acknowledge. You acknowledge that the Credits have no financial value in the real world and in no way constitute money or goods of any kind. The Credits may only be converted into Exchange Content. You are therefore strictly prohibited from exchanging them for real money or for goods and services other than Exchange Content. You must in no way transfer, sell, or otherwise exchange (or attempt to do so) the rights of use over Credits outside the Websites, Games and their rules. Ankama can remove Credits obtained outside the services approved by Ankama from your Account at any time, without prior warning.
9.2 Exchange Content: Ankama reserves the right to add and/or remove elements making up the Exchange Content and/or to modify their characteristics at any time without prior warning. Ankama also reserves the right to modify the quantity of Credits needed to purchase an element of the Exchange Content at any time, without prior warning.
Once you have converted your rights of use over Credits into Exchange Content, this content cannot be exchanged for rights of use over Credits or money, or for other goods or services. The exchange is firm and definitive.
Please note that certain elements that make up the Exchange Content may have an expiry date. In any case, as the Exchange Content is associated with your Account, you shall no longer have access to this content if your Account is closed, 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 that make up the Exchange Content 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 with items purchased from the shops of the DOFUS and DOFUS TOUCH games that are linked to your Account for a period of two (2) months from their purchase.
9.3 Duration: unless otherwise specified (including if the rights of use over Ogrines have been obtained via the Kama Exchange), the duration of the rights of use over Credits starts on the day you obtain the Credits and ends on the earlier of the following two dates: (1) on the day your Account is closed, for whatever reason; (2) at the end of the period provided for in the General Conditions of Sale applicable when you order the Credits, where appropriate.
9.4 Special conditions of the Kama 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 Kama Exchange. The amount of the exchange is fixed freely by the players. The rights of use over Ogrines purchased in exchange for rights of use over Kamas cannot be the subject of an exchange with another player through the Kama Exchange. You can, however, benefit from all other services offered by the Company in exchange for rights of use over Ogrines, not involving other players. If you obtained your rights of use over Ogrines in exchange for rights of use over Kamas, the duration of the rights of use over 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 is closed, for whatever reason; (2) ninety (90) days after the Ogrines have been credited to your Account.
Article no. 10 : SANCTIONS
10.1 In the event that one or more of the provisions of the TOU or of any other document incorporated herein by reference is violated, Ankama reserves the right to terminate or limit, without prior notice and at its sole discretion, your use and access to the Services, to your Account, and to all Ankama Websites, and to sanction you in concerning the Games. Sanctions are specific to certain Services and, in particular, to the Games and the Forums. In the event of a contradiction with this Article, the specific sanctions shall take precedence over the TOU.
10.2 The sanctions depend on the seriousness of the breach. They may include, but are not limited to, the following sanctions:
- a warning: a warning has no direct consequence for the Account. You may continue to use the Services without any change. Warnings exist primarily to warn you that you are at risk of greater sanctions if you continue to breach the rules set out by the TOU;
- a one (1) day ban: A one-day ban is usually used in the event of a first substantial infringement of the TOU. It is the first step that can be applied on the Account ban scale;
- a three (3) day ban: The three-day ban is usually used in the event of repeat offending. The three-day ban will make you understand that you incur real risks by not complying with the TOU;
- a seven (7) day ban: The seven-day ban is usually used in the event of severe breaches;
- a fifteen (15) day ban: The fifteen-day ban is the most serious sanction before the definitive closure of the Account. When an Account is suspended for fifteen days, your conduct thereafter must be beyond reproach, otherwise, you risk being banned permanently;
- a definitive ban: The Account is closed permanently, and you can no longer access it. This sanction is usually applied in the event of repeat offending or of serious or unforgivable infringement of the TOU (notably, in the event where payment has been made without the permission of the individual owning the means of payment).
10.3 Ankama reserves the right to impose any sanction referred to in this paragraph on an Account, taking into account the seriousness of the breach, without necessarily first giving prior warning or applying a penalty of shorter duration. You agree that these sanctions are final and you cannot in any way challenge the decisions taken by Ankama.
10.4 Ankama also reserves the right to change Account names, nicknames, character names, guild names, and team names that do not comply with the rules set forth above, as well as those that are deemed unsuitable by Ankama. Ankama may, where appropriate, temporarily or permanently suspend access to the Account or delete a guild or team name, without compensation.
10.5 Ankama reserves the right to suspend all of your Accounts permanently, depending on the seriousness of the infraction.
10.6 In addition to the sanctions described above, Ankama may take appropriate sanctions, including civil prosecution and criminal proceedings against the offender.
10.7 If Ankama notices suspect or abnormal behavior or operations on your Account, which may lead to a breach of the TOU, Ankama reserves the right, at its sole discretion, to block your Account for the time needed to perform verifications or an investigation. Ankama will decide, at its sole discretion, to provide you with 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 (in particular through exploits, bots, cheating, farming, or theft), Ankama reserves the right to access your Account and delete all or part of your inventory.
Likewise, Ankama reserves the right to modify all of your characteristics (including your level, characteristic points, spell points, etc.) if it is proven that you have benefited from a loophole or any other techniques allowing you to increase your characteristics in a fraudulent manner.
10.9 Except as otherwise provided for in the TOU or through an exceptional arrangement with the Company, there will be no refund if the Account is banned before the end of the subscription period, if Ogrines are still available on the Account, or if you have purchased a Starter Pack or virtual items.
10.10 The act of defaming, injuring, harassing, or threatening a member of staff, a representative, an Ankama moderator or any other person linked to or affiliated with Ankama or one of its partners and service providers, of engaging in behavior or of making remarks that are harmful, violent, obscene, vulgar, hateful, or shocking with regard to these same persons, of invading their privacy or in any other way infringing on their rights, may give rise to sanctions on your Account(s), whatever the means of expression used.
Article no. 11 : SUPPORT
11.1 The Support website (https://support.ankama.com/hc/en-us) is the preferred means of access to the Company's customer support (hereinafter the "Support") for the Services. To create a request on the Support website, you must create an assistance account by providing, in particular, a valid e-mail address. Your request will be saved in the form of a ticket (identified by a 7-digit number).
11.2 Ankama Support will do everything to assist you as soon as possible. Nonetheless, Support reserves the right not to answer a request, in particular in the event of non-compliance with the rules of this Article.
11.3 Any harassment, threat, insult or other unsuitable behavior with regard to the Support advisors will lead to a halt in the request being processed, and may give rise to sanctions in accordance with Article 10.10.
11.4 Support provides assistance for problems that have an impact on accessibility and/or the user-friendliness for the player, but does not have the task of responding to problems linked to progress in the Games.
11.5 In the event of identity theft and/or falsification of documents and/or attempts at one or the other of these infringements, Support reserves the right to sanction the Account(s) belonging to the fraudster.
11.6 In the event that you reasonably suspect any breach of security, including loss, theft, or unauthorized use of your login details or any other problem relating to the security of your Account, you shall immediately notify Ankama via its Support team. Subject to proving your identity, Support may 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, for the time needed to perform an investigation. Following the investigation, Support will settle the dispute at its sole discretion.
12.1 You acknowledge that you are able to disclose your personal details to Us, in accordance with the laws of your country of habitual residence.
12.2 Any personal details collected are subject to computer processing, which allows us to contact you regarding your orders, or, more generally, to provide customer services, to verify your identity during correspondence with Support, or to give you access to an account.
In accordance with the Data Protection Act of January 6th, 1978, you are entitled to access and modify your personal details. You can exercise this right through Support, https://support.ankama.com/hc/en-us, by stating your first name(s), last name, e-mail and home address, and by providing proof of your identity.
You also have the right to oppose the processing of your personal details, if you have a legitimate reason for doing so.
12.3 Ankama may use service providers who will collect your personal details in the name of and on behalf of Ankama, in order to perform the tasks required to process your order, deliver products, process your payments, and combat fraud. Ankama may also be required to securely disclose some of your data, in particular 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, including in Canada, Brazil, Singapore, the Philippines and the USA.
These details are sent to recipients outside the European Union to manage customer relations. 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 provided for in Article 12.3, Ankama undertakes to not disclose your personal details to any third party, and to make every effort to prevent the dissemination thereof, unless specifically authorized by you. Ankama reserves the right to prosecute anyone who attempts to access personal details that do not concern them.
12.5 Ankama 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 Ankama reserves the right to collect certain information about your computer (IP, ISP, hardware and software configuration), mobile device (brand, model, operating system version), in particular when you install any game published by the Company and in case of changes made to your computer's hardware. We may use this information for statistical purposes (in particular, to improve game performance), to aid bug management, and to allow Us to assist you if you encounter a technical problem when using our Services.
12.8 Ankama 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 actions performed in the Games). Ankama may use this information as it sees fit, in particular to improve the in-game experience and to ensure that the terms of this Agreement are respected.
12.9 All information contained on the servers may be used by Ankama to perform any type of verification for the purposes of prevention and sanctions.
12.10 Information for minors: We keep the information you communicate to us (surname, first name, date of birth, e-mail address, mailing 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, including our Games. Warning: this Account name and this password must remain secret; never disclose 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, write to us, 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
14.1 All of the elements, features, tools and documents that are part of the Ankama universe and provided by Ankama (including, but not limited to, the Games, Clients, Updater, Game Accounts, Kamas, Ogrines, Goultines, Krosmaga Kamas and any titles, computer code, themes, items, characters, character names, stories, dialogs, catchphrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-Game chat transcripts, character profile information, recordings or replays of Games, and server software) are protected by French and international law on copyright and intellectual property. All of these elements, features, tools and documents are the property of Ankama. Unless you receive prior written authorization from Ankama, you undertake not to trade elements from Ankama's creations and not to promote this kind of activity, which harms Ankama's rights. Ankama will do everything to prevent such acts.
14.2 Any data relating to the Games, Services or Websites belongs to Ankama and is protected by French, European and international copyright law. You must therefore respect the prohibitions provided for in Articles 5.2, 5.3 and 5.4. You have no right, in whole or in part, to copy, reproduce, translate, extract, edit the source code, disassemble, decompile, modify, hire, sell, distribute or create derivative works based on the Games or content without the prior written consent of Ankama.
14.3 Any trademarks that appear on the Websites or in the Services are trademarks created by the Company or for which it holds the usage rights. You cannot use these trademarks without prior written permission from Ankama. You do not have permission to use meta-tags or any other "hidden text" using Ankama's names and trademarks without prior written permission thereto. Other trademarks appearing on the Websites or in the Games which do not belong to Ankama belong to their respective owners.
14.4 Any non-compliant use ends the authorization or the license granted by Ankama.
Article no. 15 : TERMINATION
15.1 This Agreement shall enter into force on the day of your acceptance, and through to its conclusion, unless either you or Ankama terminate it before this time.
15.2 Termination at your initiative: you can request that your Account be closed at any time and for no reason, subject to proving your identity. You must therefore inform Ankama thereof 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:
Termination for misconduct: Ankama may close your Account with or without prior notice, if you do not comply with the law, and the rules set forth by the TOU, the General Conditions of Sale (https://account.ankama.com/en/gcs) and by all documents expressly incorporated herein by reference. Ankama also reserves the right to take all necessary measures to cover the damage it may have suffered.
Termination for inactivity: Ankama also reserves the right, of its own accord and at any time, to close inactive Accounts. An Account is considered inactive when it has not been logged into via one of our Websites or Games for a period of twenty-four (24) consecutive months. An Account on which a subscription to the DOFUS game or a WAKFU booster pack is active shall not be considered inactive, even if it has not been logged into for more than 24 months. The period of inactivity shall start from the end of the subscription or booster pack period. At least fifteen (15) days before proceeding to close your Account, We will warn you by sending you a message to the e-mail address associated with your Account.
15.4 Consequences of termination, whoever instigates it: In all cases, the closing of the Account will give rise to the termination ipso jure of the Agreement and, consequently, you may no longer access the Services. You must delete the Client(s) from your computer and/or mobile device. In the aforementioned cases of termination, you may not claim any compensation for unused Ogrines, Goultines and Krosmaga Kamas, as well as any non-expired periods on the date of termination and the rights of use over the Game Elements granted to you by Article 5.4 herein will expire.
Article no. 16 : EPILEPSY
Article no. 17 : GENERAL PROVISIONS
17.1 Divisibility: If any provision or term of this Agreement is determined to be illegal, invalid, or unenforceable, that provision or term will be deleted without affecting the application of the other provisions.
17.2 Absence of waiver: No waiver by Ankama of any right or any provision of these TOU shall be deemed to be, nor shall it be construed as, a waiver of this right or provision. No Ankama Support representative nor any other member of Ankama's staff who interacts with you is legally empowered to bind Ankama to any amendment or waiver of the provisions of these TOU.
17.4 Changes: Ankama reserves the right to modify, add to or delete any of the rules provided for by the TOU. You will be notified by all means of any substantial changes made to the Agreement when you try to access one of our Services. You acknowledge that, by using the Services after having been informed of the modifications, additions and/or deletions, you accept these modifications, additions and/or deletions.
17.5 Applicable law: The TOU are subject to French law.
17.6 Survival of the terms: In the event of termination of the TOU, Articles 3.1, 5.2, 5.3, 5.4, 12, 13, 14 and 17 shall remain applicable.
All applicable texts to which the TOU refer:
General conditions of sale: https://account.ankama.com/en/gcs
Forum Rules: 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.
Last updated: March 2017