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ARTICLE NO. 1 : OVERVIEW OF THE TOU
1.1 These Terms of Use (hereinafter "ToU" or the "Agreement") set forth the terms of use for the services provided by Ankama Games, a simplified joint-stock company with capital of €1,000,000 registered with the Companies and Commerce Register (RCS) of the Lille Metropolitan Area under number 492 360 730, and/or any of the companies of the Ankama group (hereinafter individually or collectively referred to as "Ankama", the "Company", or "We/Us").
1.2 These services include, among others, access (i) to the various games published by Ankama (hereinafter the "Game" or the "Games"), (ii) to the discussion forums available on the websites published by the Company (hereinafter the "Forums"), (iii) to the systems aimed at securing Ankama accounts (Ankama Shield and Ankama Authenticator), (iv) to the Ankabox, (v) and to the Ankama Launcher (hereinafter the "Launcher").
To access certain Games and the Launcher, the Company will ask you to download and install software on your device (hereinafter the "Client" or the "Clients"). The ToU also apply to the use of these Clients.
The Games, the Forums, the Ankama Shield and Ankama Authenticator security systems, the Ankabox, the Clients and the Launcher are collectively referred to as the "Services".
1.3 When you use our Services, We may ask you to provide us with personal data. For full information on how we process such personal information, please read our Privacy Policy carefully; it can be found at the following link: https://account.ankama.com/en/privacy-policy.
1.4 In this way, the ToU determine the contractual framework of relations between the user of the Services (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 contract 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 14 hereinafter.
2.3 Acceptance of the TOU is established by your electronic signature, manifest by your having checked the box provided for this purpose or by your having clicked on the TOU acceptance button or on the button allowing you to finish creating your Account. 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 Services are offered online, you must have an Internet connection to access them. Any telephone connection and Internet access costs are your responsibility. Ankama is not liable for any damages you may incur as a result of using an Internet connection or installing malware on your computer or mobile device.
3.2 Certain Services may be accessed via mobile device. "Mobile device" is understood as any portable device capable of connecting to the Internet to access said Services (cellphones, touchscreen tablets, personal digital assistants, etc.). You acknowledge that the quality of the Services, the response time or the access to certain features may depend on the capabilities of your mobile device or electronic communications network. You acknowledge that the Services offered by Ankama on mobile devices may not be available on all mobile devices.
3.3 Ankama only grants you a limited, non-exclusive, non-transferable license to access and use the Services and their content. This license is subject to compliance with the rules set out in the ToU.
3.4 To access the Services and/or all of the features of the Services, the Company may ask you to create an Ankama account (hereinafter the "Account"). You can create an Account by using the inserts provided for this purpose on Ankama's websites (hereinafter the "Websites"), which can be found under the "Create an account," "Registration," or "PLAY!" section.
3.5 Certain Games can be accessed without completing the Account creation form. In this case, a guest account will be automatically created for you to save the data associated with the Game you wish to access, including your progress (hereinafter the "Guest Account").
Please note that for certain Games, the Guest Account will not provide access to all the features of said Games. To obtain full access, We will ask you to register for an Account by filling out the Account creation form.
To the extent they are compatible with the provisions of the ToU, the Account rules are applicable to the Guest Account. For example, the sanctions provided for in Article 10 of the ToU are applicable to the Guest Account.
ARTICLE NO. 4 : ACCOUNT CREATION
4.1 Characteristics
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 so requires, you must have obtained permission from your legal representative (parent or guardian), and you must, in any case, have the legal capacity to enter into an agreement with the Company.
4.1.2 The Account is a user account provided to you by means of a login ID (account name or email address, depending on your Account's creation date) and a password.
4.1.3 The Account remains the property of the Company. You are only granted a right to access the Services by means of the Account provided to you.
4.1.4 To create an Account, you must enter the following information:
email address;
password;
date of birth;
first and last names.
Depending on the laws in force in your country of habitual residence, the Company may ask you to provide the email address of your legal representative (parent or guardian) in order for them to provide their consent for the creation of your Account.
An email address may only be used as a login ID for one Account.
When you first access the Services, you will be asked to enter a nickname.
Ankama reserves the right to limit the number of Accounts that can be created from the same IP address in a given period.
4.1.5 Account and personal information can only be managed at https://account.ankama.com/en/login (hereinafter "Account Management").
4.1.6 The login ID (account name or email address) and password allow you to access the Services. The email address allows us to communicate with you regarding the management and tracking of your Account and to send you information about the Services.
4.1.7 The Account must abide by at least the following basic rules:
The personal information must be accurate, verifiable, complete, and current. A valid personal email address must be provided.
You agree not to use proxy servers or virtual private networks (VPNs) to create the Account or to log in to the Account.
Creating an Account in an automated manner and/or using a false or fraudulent identity is strictly prohibited.
4.1.8 When you make your first payment on our Websites or on the Launcher, you will be asked to provide your billing and/or delivery mailing address.
If there is any change to your information, you must update it in Account Management or by contacting Support as soon as possible.
4.2 Rules for account creation
4.2.1 The login ID (account name or email address, depending on your Account's creation date) is not visible to other users.
The nickname is different from the account name and is visible on the Forums and in game. Other users know the Account holder by their nickname. The nickname identifies you as a person. In certain Games, the character's name is complementary to the nickname. It is visible to other users. The character name corresponds to the role you play in the game. The guild name and the team name are visible in-game to other players.
4.2.2 The account name, nickname, character names, guild names, and team names must abide by certain basic rules. In particular, it is required that each such name:
be a pronounceable word (for example, the word ssdfzxjf does not abide by this rule);
not be offensive, inappropriate, or improper;
not refer to a political orientation, ethnicity, community, or religion;
not be vulgar or insulting;
not have a sexual or pornographic connotation;
not contain your first and/or last name;
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 any other entity prohibited by law;
not resemble or imitate the names of major elements of the Company's creations (non-playable characters, heroes from the story, iconic locations, dungeon bosses, etc.);
not resemble or imitate the name of a moderator, game master, or employee of the Company;
not be spelled differently in order to circumvent the above rules; and
not combine your first and last name, which together would violate the above rules.
Determinations regarding compliance or non-compliance with these rules (including determinations regarding the resemblance between an account name, nickname, character name, guild name, team name, and any another term) are at the Company's sole discretion.
4.3 Responsibility/Security
4.3.1 Security
To guarantee the security of your Account and prevent account theft (commonly referred to as "account hacking"), you agree that:
You will not give access to your Account to third parties. Loaning, sharing, exchanging, gifting, purchasing, transferring, and selling Accounts (or attempting to do so) is prohibited. The Company is not responsible for any account loaning, sharing, exchanging, gifting, purchase, transfer, or sale, and any such actions may lead to sanctions as provided for in Article 10 of the ToU.
You will take all measures necessary to prevent third parties from accessing the Account you have activated, even without your knowledge.
You will not play on a third party's Account.
You will not disclose your login details, i.e. the account name, password, and secret answer.
You will use a personal email inbox and will not share this email.
You will allow Ankama to easily contact you for any reason via your email address.
4.3.2 Responsibility
4.3.2.1 The security of your Account is solely your responsibility, and Ankama cannot be held liable for any harm caused to your Account, your computer, or your mobile device as a result of the login details for your Account being lost or shared.
4.3.2.2 Ankama may in no way be held responsible in the event that your Account is stolen or compromised in any way.
4.3.2.3 You further acknowledge that you are presumed to be the user of your Account and are responsible for the actions taken through your Account and on your Account.
4.3.2.4 You acknowledge that you, and not Ankama, are responsible for any electronic communications and content sent from your computer or mobile device, and that you will only use the Services in accordance with the law and the ToU.
4.4 Certification
When you create your Account, Ankama will ask you to certify it. Account certification is mandatory. To certify your Account, you must provide the information indicated in Article 4.1.
If your Account has already been certified, Ankama reserves the right to ask you to show proof of your first and last names and date of birth by any means.
You are reminded that any information you provide under the ToU must be accurate.
ARTICLE NO. 5 : GAMES
5.1 License
Subject to compliance with all provisions of the ToU, the Company grants you a limited, non-exclusive, non-transferable, and revocable 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 connection techniques other than those provided by Ankama or its partners to access the Games is prohibited.
Client-specific conditions: Ankama authorizes you to install the Clients on any device of which you are the owner or for which you have the right to install software programs and save the present files for backup purposes.
5.2 Licensing restrictions
The license granted to you is subject to certain restrictions. Any use of the Games and/or the Clients in violation of the rules of Article 5.2 shall be considered an infringement of the Company's copyrights.
5.2.1 You acknowledge that any reverse engineering, disassembly, decompilation, or modification of, or any alteration to all or part of, the Clients or Games is strictly prohibited, except as expressly permitted by Ankama or by current law.
5.2.2 You are prohibited from modifying the Games or Clients (except for installing updates). You are prohibited from modifying or causing to be modified any file constituting a part of the Games or Clients without the Company's express authorization, and you are prohibited from creating works derived from the Games.
5.2.3 You are prohibited from using or creating pirate servers, proxies, virtual private networks (VPNs), emulators, or any other similar element to log in to the Games. To log in to the Games, you must use only the tools and means offered and accepted by Ankama.
5.2.4 You may not use the Clients to develop any software programs.
5.2.5 You are prohibited from creating, using, or promoting any program or tool that might harm the Games or the Clients, alter the experience of the Games, or circumvent the rules of the Games, including but not limited to bots, viruses, Trojan horses, piracy tools, cheats, automation software, modification software, software allowing mouse clicks to be automated (commonly known as "auto-clickers"), or other unauthorized software intended to modify the Games or the Clients. Furthermore, you may not circumvent or attempt to circumvent, in any way whatsoever, any technical measures implemented by Ankama or any third party to protect, control, or restrict access to the Games or the Clients, or to prevent unauthorized use of the Games and the Clients.
Ankama may monitor how its Games and the Launcher are used, both on its servers and on your computer or mobile device, in order to prevent cheating and apply the corresponding sanctions. In this context, the Clients may contain features designed to detect the use of programs and tools that are not authorized herein and that run concurrently with a Game on your computer or mobile device.
5.2.6 You agree not to spy on or intercept the communication protocols used by the Company, and not to use data or protocol interceptors. Thus, for example, you may not emulate these protocols, retrieve data via packet sniffing, or transfer these protocols and their data to another protocol (tunneling).
5.2.7 You may not sell all or part of the Clients or the files accompanying them. In general, you agree not to use or operate the Clients or the Games for commercial purposes.
5.2.8 You agree not to distribute, even free of charge, all or part of the Clients and the files accompanying it without Ankama's prior written authorization.
5.2.9 You agree not to create, use, or distribute any program not distributed by Ankama that may be used to modify the characteristics of your Account, or that of a third party, and that may damage the servers or be detrimental to the Company's interests.
5.2.10 You may not use the Games in any way that may render them inaccessible, damage them, or prevent them from working.
5.2.11 Notwithstanding Articles 5.2.1, 5.2.2, 5.2.6, and 5.2.8 hereof, Ankama may provide you with tools allowing 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 "Custom Theme"), and then share the modified theme to other users of the Services.
5.2.11.1 If you create and/or share a Custom Theme, you agree to the following rules, which shall survive the termination of the Agreement:
You agree not to create or share any Custom Theme that might infringe the rights of third parties (image rights, right to privacy, intellectual property rights, or any other rights).
You agree not to create or share any Custom Theme that might be considered illegal, aggressive, libelous, pornographic, obscene, vulgar, racist, hateful, malicious, sexually explicit, violent, or contrary to public order.
You are prohibited from creating or sharing a Custom Theme that might harm the Games, the Clients, Ankama, or other users of the Services.
You agree not to include advertising in the Custom Theme.
A Custom Theme may only be shared free of charge. You are strictly prohibited from asking for compensation of any kind from other users of the Services for the use of a Custom Theme.
The creation, use, and/or sharing of a Custom Theme does not entitle you to any compensation from Ankama.
You alone are responsible for storing the Custom Theme and the costs associated therewith.
If your Custom Theme is a protectable work, you agree to grant Ankama, free of charge, a global, non-exclusive, irrevocable, transferable license in perpetuity, or for the duration applicable to literary and artistic property in your place of habitual residence, to reproduce, represent, adapt, copy, repair, cite, publish, use, transform, translate, archive, store, modify, create derived works from, license or sub-license, sell, market, distribute, broadcast, disseminate, and communicate in any other way, and to publicly post and execute all or part of a Custom Theme in any way, in any format, and on any current or future medium of any kind for any reason whatsoever, in particular to promote the Services or to feature your Custom Theme.
You guarantee that you have the full and free enjoyment of any and all uses of the rights transferred against any difficulty, claim, or eviction, and against any defamation or violation of community standards. You declare that you are the sole owner of the rights attached to the modifications made to the Pre-Existing Theme and that you have the full power and capacity to assign them; you further declare that, for the licensing period agreed upon, you have not granted and will not grant any rights that might compete with those assigned above.
If your Custom Theme is a protectable work, you grant all other users of the Services the right to use, copy, modify, post, execute, and create derived themes from the Custom Theme, and to communicate and share it in any other way.
You agree to indemnify Ankama against any kind of third-party petition, proceeding, litigation, complaint, action, or claim for damages against Ankama arising from a breach of any of your obligations, representations, and/or warranties under this Agreement.
Ankama reserves the right (but is not obligated) to prevent, at any time, the use of any Custom Theme(s) stored on a particular website for any reason whatsoever, and in particular if the Custom Theme(s) and/or the website violate the terms of the Agreement.
5.2.11.2 If you wish to use a Custom Theme, you agree to the following rules:
You agree to use only the tools provided by Ankama for installing the Custom Theme.
You are advised that Ankama does not store Custom Themes and has no control over their content. Thus, Ankama may not be held responsible for any violation of rules under Article 5.2.11.1 committed by any user creating and/or sharing a Custom Theme. In particular, Ankama may not be held responsible if the downloading, installation, and/or use of a Custom Theme causes you any harm.
5.3 Rules of conduct / Prohibited activities
The provisions of this article do not supersede the rules of conduct specific to certain Games, available at the following links:
DOFUS / DOFUS Retro: https://www.dofus.com/en/mmorpg/community/rules
WAKFU: https://www.wakfu.com/en/mmorpg/community/game-rules
DOFUS TOUCH: https://www.dofus-touch.com/en/mmorpg/community/rules
Where a conflict exists between this article and the specific rules, the specific rules shall take precedence and supersede the terms of this article.
By using the Services, in particular the communication services provided as part of the Games and the Launcher, you agree to abide by the following rules:
5.3.1 You agree not to insult or threaten other users or the Company's employees, or make remarks deemed to be racist, shocking, offensive, discriminatory, or contrary to French, European, or international laws, regardless of the language used. Ankama cannot be held responsible for any violation of this paragraph.
5.3.2 You further agree not to send "spam," "floods," or commercial offers of any kind to other users; cheat, steal Accounts, characters, or any Account item, or attempt to do so; threaten, harass, or bother other users by any means whatsoever; give other users personal information about yourself or about another user; or collect information in the Games.
5.3.3 You are prohibited from engaging in any form of advertising or commercial promotion. Ankama may nevertheless authorize, at its sole discretion, the dissemination of fan sites and other guild forums in connection with the Ankama games universe, provided that they do not contain illegal content or content that violates the ToU.
5.3.4 In the Games, each discussion channel has its own purpose. You agree to use the discussion channels in accordance with their intended purpose. Improper use of the discussion channels may be sanctioned, particularly if done in an abusive and deliberate manner.
5.3.5 Audiotel codes acquired on the Websites may not be sold or traded in the Games, on the Forums, or anywhere else.
5.3.7 Your written public communications may be recorded, analyzed, or deleted by Ankama so that it may verify whether your communications comply with the law and the ToU. You acknowledge that you, and not Ankama, are responsible for any in-game communications and content sent from your computer or mobile device, and that you must only use the Games pursuant to law and the ToU.
5.3.8 You agree not to use vulnerabilities, bugs, or any other type of error to obtain an unfair advantage in-game (including but not limited to gaining experience, gaining items, gaining time, circumventing restrictions, and duplicating items or kamas), and not to promote the use thereof. Similarly, you agree to notify Ankama via Support immediately if you notice a vulnerability or error in the Games.
5.3.9 You are prohibited from participating in, organizing, or being involved in any attack against Ankama's servers.
5.3.10 In general, use of the Services must not violate national and international laws and regulations.
5.4 Game elements
All elements you can obtain in our Games, whether purchased by you or obtained by you following the use of our Games, or in exchange for the right to use Ogrines, Goultines, or Kamas usable only in our KROSMAGA game store (hereinafter the "Krosmaga Kamas"), including, but not limited to, game characters, all virtual items linked to your game character(s) (equipment, mounts, pets, companions, living items, scrolls, resources, etc.), Kamas, virtual Krosmaster figurines, and virtual cards for the KROSMAGA game (hereinafter, collectively, the "Game Elements"), are associated with your Account. You acknowledge that the Game Elements are and remain the exclusive property of the Company. The provision of Game Elements by the Company is strictly personal and limited to the experience in the Games. The Company grants you only the right to use the Game Elements. It does not grant ownership, which you expressly acknowledge. Thus, this right of use will expire no later than upon the closing of your Account, whatever the reason.
You acknowledge that the Game Elements have no financial value in the real world. You are strictly prohibited from exchanging them for real money. In general, loaning, sharing, exchanging, gifting, purchasing, transferring, and selling Game Elements (or attempting to do so) outside of the Websites, the Games, and their rules, is strictly prohibited and may result in sanctions being applied to your Account.
Because the Games are constantly evolving and, in particular, in order to guarantee that the experience is as balanced as possible across players, Ankama reserves the right to modify or eliminate Game Elements.
5.5 Updates / Modifications
In order to improve the experience of the Games, Ankama reserves the right to apply updates and modifications to the Clients and the Games (hereinafter the "Updaters"). For these updates and modifications to be effective and for you to be able to continue playing the Games, you agree to install these Updaters. The Games, the Clients, and their updates constitute an indivisible whole and are inseparable from their components, all of which are subject to the ToU.
ARTICLE NO. 6 : FORUMS
6.1 The provisions of this Article are applicable to all Forums run 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 "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 any 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 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 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 Game 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 Ankama's express authorization.
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. Thus posts on issues such as bans, Account closures or deleted messages 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 posts 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 : ACCOUNT PROTECTION FEATURES
Ankama offers its users free access to two tools that allow them to securely access an Account:
the Ankama Shield feature; and
the Ankama Authenticator mobile application.
Ankama may activate either of these two tools on your Account at any time. You may then deactivate it via your Account Management.
7.1 Ankama Shield
Ankama Shield is an account protection system available on the Launcher, in the game DOFUS, and on the Websites (hereinafter the "Shield"). The Shield is activated by default when an Account is created.
The Shield allows a "restricted mode" to be activated on an Account, which blocks access to Account Management and other game features (trading items, for example) in the event you have not logged in using a Shield-certified connection.
Thus, when logging in from a new computer or browser, the Shield will protect your Account by asking you for a security code that will be emailed to you.
We encourage you to consult the Support website (https://support.ankama.com/hc/en-us/sections/200297533) to learn more about how the Shield works.
7.2 Ankama Authenticator
The Ankama Authenticator is a mobile application available on compatible mobile devices, allowing you to enhance the security of your Account (hereinafter the "Authenticator"). We encourage you to consult the "Ankama Authenticator" section on the Support website (https://support.ankama.com/hc/en-us/articles/201070008-Installing-the-Authenticator-security-feature) to learn more about how the Authenticator works. A tutorial is also available in the application.
In order to activate this protection feature, you must:
have a compatible mobile device;
have a certified Account (see Article 4.4 hereof);
have access to the email address linked to your Account; and
know your secret answer.
Before you activate the Authenticator, you must make sure all the information provided for your Account is accurate. Otherwise, Ankama will not be able to help you if you encounter a problem when using the Authenticator.
Ankama does not guarantee that:
the Authenticator is compatible with all mobile devices, even if the application is compatible with the operating system your device is running;
the current Authenticator will always be compatible with the version of your operating system or with your device. In this case, Ankama will notify you by any means deemed necessary of any Authenticator updates that could lead to incompatibilities with certain versions of an operating system or certain devices.
Furthermore, Ankama does not guarantee that the Authenticator will function properly in the event that:
your device's operating system changes;
your device's operating system is modified (unlocked, jailbroken, rooted, etc.);
your device's operating system has been updated;
a pirated operating system is being used; or
an operating system without a version recommended by Ankama is being used (to see the recommended versions: https://support.ankama.com/hc/en-us/articles/201070008-Installing-the-Authenticator-security-feature).
Ankama cannot be held responsible if the Authenticator does not function properly due to any of these situations.
ARTICLE NO. 8 : ANKABOX
Ankama claims no right of ownership over the content of any messages you send via the Ankabox service. Ankama does not access your messages, except out of technical necessity to provide the messaging service. Ankama 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, Ankama 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 KROSMAGA KAMAS
This Article governs 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 additional special conditions may apply depending on the method of obtaining rights of use over Credits, 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 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 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 may 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 cannot therefore 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; or (2) at the end of the period provided for in the General Conditions of Sale applicable on the day you ordered the Credits, as appropriate.
9.4 Special Conditions of the Kama Exchange (applicable only to Ogrines in the DOFUS game): In the DOFUS game, rights of use of Kamas and rights of use of Ogrines may be exchanged 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; or (2) ninety (90) days after the Ogrines have been credited to your Account.
ARTICLE NO. 10 : SANCTIONS
10.1 In the event of a violation of one or more provisions of the ToU or any other document incorporated by reference hereto, Ankama reserves the right to terminate or restrict, without prior notice and at its sole discretion, your use of and access to the Services, your Account, and any Ankama Websites, and to sanction you within the Games. Sanctions are specific to certain Services, notably the Games and the Forums. If there is a conflict with this article, the specific sanctions take precedence over the ToU.
10.2 The sanctions depend on the seriousness of the violation. These sanctions are as follows (non-exhaustive list):
Removal of the ability to speak ("mute"): You will be temporarily unable to use the in-game chat function.
Expulsion from the game ("kick"): You will be disconnected from the game and will be temporarily unable to access it.
Warning: A warning does not have direct consequences on the Account. You may continue to use the Services with no change. Above all, a warning is meant to let you know that you risk more severe sanctions if you continue to violate the rules of the ToU.
Temporary suspension: You will be unable to access your Account for several days. The duration depends on several criteria, namely the seriousness of the infraction committed and whether it is a repeat offense.
Permanent suspension: The Account is permanently banned; you can no longer access it. This sanction is usually applied in instances of a repeat offense, or a serious (for example, payment without the consent of the holder of the payment method used) or unpardonable violation of the ToU.
Kama debt: In the DOFUS game, this sanction applies to players who have collected Kamas in a manner that violates the ToU (to learn more: https://support.ankama.com/hc/en-us/articles/203883193-The-Various-Types-of-Sanctions).
10.3 Ankama reserves the right to apply any sanction provided in the previous paragraph to an Account, depending on the seriousness of the violation, without the need to give a warning or apply a sanction of a shorter duration beforehand.
10.4 Ankama further reserves the right to change account names, nicknames, character names, guild names, and team names that do not abide by the rules set forth above, as well as those deemed by Ankama to be inappropriate. If necessary, Ankama may temporarily or permanently suspend access to the Account or delete a guild or team name, with no compensation provided.
10.5 Ankama reserves the right to permanently suspend all of your Accounts, depending on the seriousness of the violation.
10.6 In addition to the sanctions described above, Ankama may impose whatever sanctions are necessary, including initiating civil and criminal proceedings against the violator.
10.7 If Ankama observes suspicious or unusual behavior or actions on your Account that could result in a violation of the ToU, Ankama reserves the right, at its sole discretion, to lock your Account for as much time is needed to conduct verifications or an investigation. Ankama alone shall decide whether to compensate you in the event that your Account is locked.
10.8 If you have acquired, directly or indirectly, Game Elements fraudulently (for example, using vulnerabilities, bots, cheating techniques, theft, or auto-click software, or on websites selling Game Elements without Ankama's approval), Ankama reserves the right to access your Account and delete all or some of the elements in your possession.
Similarly, Ankama reserves the right to change any of your characteristics (for example, your level, characteristic points, and spell points) if there is evidence that you exploited a vulnerability or any other technique allowing you to increase your characteristics fraudulently.
10.9 Unless otherwise set forth in the ToU or save the Company's consent to the contrary, no refund will be issued if the Account is suspended prior to the end of the subscription period, if Ogrines are still available on the Account, or if you acquired a Starter Pack or virtual items.
10.10 Slandering, insulting, harassing, or threatening an Ankama staff member, representative, or moderator, or any other person associated or affiliated with Ankama or its partners or service providers, as well as harmful, violent, obscene, vulgar, hateful, or offensive remarks or behavior regarding such persons, or any violation of their privacy or their rights in any other way, may result in sanctions on your Account(s), regardless of 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 department (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 email address. Your request will be saved in the form of a ticket (identified by a 7-digit number).
11.2 The 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 inadequate behavior with regard the Support advisers 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 for 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 If 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 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. Support may also block access to the Account in question for the time needed to conduct an investigation. Following the investigation, Support will settle the dispute at its sole discretion.
ARTICLE NO. 12 : LIABILITY AND WARRANTY
12.1 Ankama will do everything possible to ensure the proper operation of its Services and provide you with the Services 24 hours a day, 7 days a week.
12.2 However, in this regard, Ankama is only bound by an obligation of means as regards access to and use of Services. Ankama cannot guarantee that the functionalities offered by the Services will always be available and free of typographical, technical or other errors, that flaws will be corrected, or that the Services or servers hosting them will be free of viruses and bugs.
12.3 For reasons of maintenance, testing, security, repairs, or any other reason, linked to the improvement and/or proper operation of the Services, these Services may be temporarily interrupted by Ankama, without engaging its responsibility. Ankama will, at its sole discretion, decide whether or not to provide you with compensation in the event of interruptions in Services.
12.4 The Company shall not be held liable in the event of force majeure as defined by law.
12.5 Ankama provides the Services while they are published. Ankama therefore reserves the right to cease publishing the Services and consequently to interrupt Services definitively; in the event of this, you will be notified of this by all means. Ankama could also interrupt the Services definitively in the event of a cessation of activity.
12.6 Unless stipulated otherwise by the law or in special conditions agreed upon expressly between Ankama and you, you acknowledge and agree that:
The Services, Websites and their content are provided "as is" without any further warranties or 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 DECLINES ALL RESPONSIBILITY FOR USE OF THE SERVICES THAT IS NOT IN ACCORDANCE WITH THESE TOU. ANKAMA SHALL NOT BE HELD LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, LOSSES OF DATA OR PROFITS, WHICH MAY ARISE FROM THE USE OR NON-USE OF THE SERVICES, NEGLIGENCE, OR ANY OTHER REASON ASSOCIATED WITH THE SERVICES.
ANY AND ALL COMMUNICATIONS BETWEEN ANKAMA AND YOU, WHETHER ORALLY OR IN WRITING, SHALL NOT CREATE ANY GUARANTEE WHATSOEVER NOT SET FORTH IN THESE TOU.
Ankama shall not be held liable for any errors or omissions on your part.
Ankama shall not be obliged, for whatever reason, to reimburse you in any amount in the event of failure.
12.7 Similarly, the company shall not be held responsible for links from Web pages or other sites leading to the service, but not managed by Ankama, or any link contained on the Services 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.
12.8 Some countries do not allow the exclusion or limitation of liability. Therefore, the limitations or exclusions cited may not apply to you.
12.9 SUBJECT TO THE PRECEDING STIPULATIONS, SHOULD THE COMPANY'S LIABILITY BE ENGAGED IN THE FRAMEWORK OF YOUR USE OF SERVICES, THE AMOUNT OF ANY DAMAGES AWARDED TO YOU IS LIMITED TO THE AMOUNT OF THE SUMS YOU HAVE PAID IN THE FRAMEWORK OF ACCESS TO THE SERVICES OVER THE COURSE OF THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM.
ARTICLE NO. 13 : INTELLECTUAL PROPERTY / TRADEMARKS
13.1 All elements, features, tools, and documents belonging to the Ankamaverse and provided by Ankama (including, but not limited to, the Games, the Launcher and any content offered on the Launcher, the Clients, the Updaters, the Game Accounts, the Kamas, the Ogrines, the Goultines, the Krosmaga Kamas, as well as any title, computer code, theme, item, character, character name, story, dialog, slogan, concept, work of art, animation, sound, musical composition, audiovisual effect, operating mode, moral right, documentation, transcript of conversation in the Games, character profile information, recording, or repeated gameplay, and the server software) are protected by French and international copyright and intellectual property law. All these elements, features, tools, and documents belong to Ankama. Unless you have Ankama's prior consent in writing, you agree not to commercially exploit elements originating from Ankama's creations and not to promote this kind of activity that infringes on Ankama's rights. Ankama will take any steps necessary to prevent such acts.
13.2 Any data associated with the Games, Services, or Websites is the property of Ankama and is protected by French, European, and international copyright law. Accordingly, you must abide by the prohibitions provided for in Articles 5.2, 5.3, and 5.4. You may not, in whole or in part, copy, reproduce, translate, extract, edit the source code of, disassemble, decompile, modify, rent, sell, distribute, or create derived works inspired by the Games or content without Ankama's prior written agreement.
13.3 Any trademarks appearing on the Websites or in the Services are trademarks created by the Company or for which it holds the right of use. You may not use these trademarks without Ankama's prior written authorization. You may not use meta-tags or other "hidden texts" using Ankama's trademarks or names without Ankama's prior written authorization. Other trademarks appearing on the Websites or in the Games not belonging to Ankama are the property of their respective owners.
13.4 Any unauthorized use shall terminate the authorization or license granted by Ankama.
ARTICLE NO. 14 : TERMINATION
14.1 This Agreement shall enter into force on the day of your acceptance, and remain in force through to its conclusion, unless either you or Ankama terminate it before such time.
14.2 Termination at Your Initiative: You can request that your Account be closed at any time and for no reason, subject to proving your identity. 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.
14.3 Termination at Ankama's Initiative:
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 any 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. Accounts are considered inactive when they have 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 closing your Account, we will warn you by sending you a message to the email address associated with your Account.
14.4 Consequences of Termination, Irrespective of the Party Initiating such Termination: In all cases, closing 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. 15 : EPILEPSY
Some individuals may suffer epileptic seizures when exposed to particular forms of light or flashing lights. Exposure to such forms or such images on a television, or from playing video games, may induce epileptic seizures in such individuals. Any person who suffers from epilepsy must consult a doctor before playing. If you experience dizziness, impaired vision, muscular or visual spasms, loss of consciousness, disorientation, involuntary movements, or convulsions whilst playing, stop playing immediately and consult your doctor.
ARTICLE NO. 16 : GENERAL PROVISIONS
16.1 Severability: Where any of the terms or conditions of this Agreement is held to be illegal, invalid, or unenforceable, such term or condition shall be removed herefrom, and the remaining provisions shall remain in full force and effect.
16.2 No waiver: Any failure by Ankama to enforce any right or provision of the ToU shall not be deemed or construed as a waiver of such right or provision. Any Ankama Support representatives or Ankama staff members in contact with you are not legally authorized to bind Ankama to any amendment or waiver of the provisions of the ToU.
16.3 Entire agreement: The ToU, and any other documents expressly incorporated herewith by reference, constitute the entire agreement entered into by you and the Company with respect to the Services and take precedence over any prior or existing communications, whether electronic, verbal, or written, between you and the Company with respect to the Services; it is understood, however, that the Agreement will co-exist with, and will not supersede, the Privacy Policy, Terms of Use specific to a Game or Forum, and the Terms and Conditions of Sale.
16.4 Amendments: Ankama reserves the right to amend, add, or delete certain rules set forth in the ToU. You will be notified by all means possible of any substantial amendments to the Agreement when you try to access one of our Services. You acknowledge that by using the Services after being notified of the amendments, additions, and/or deletions, you agree to these amendments, additions, and/or deletions.
16.5 Governing law: The ToU are subject to French law and the French language.
16.6 Survival of terms: In the event that the ToU are terminated, Articles 3.1, 5.2, 5.3, 5.4, 12, 13, and 16 shall continue in force and effect.
1.1 These Terms of Use (hereinafter "ToU" or the "Agreement") set forth the terms of use for the services provided by Ankama Games, a simplified joint-stock company with capital of €1,000,000 registered with the Companies and Commerce Register (RCS) of the Lille Metropolitan Area under number 492 360 730, and/or any of the companies of the Ankama group (hereinafter individually or collectively referred to as "Ankama", the "Company", or "We/Us").
1.2 These services include, among others, access (i) to the various games published by Ankama (hereinafter the "Game" or the "Games"), (ii) to the discussion forums available on the websites published by the Company (hereinafter the "Forums"), (iii) to the systems aimed at securing Ankama accounts (Ankama Shield and Ankama Authenticator), (iv) to the Ankabox, (v) and to the Ankama Launcher (hereinafter the "Launcher").
To access certain Games and the Launcher, the Company will ask you to download and install software on your device (hereinafter the "Client" or the "Clients"). The ToU also apply to the use of these Clients.
The Games, the Forums, the Ankama Shield and Ankama Authenticator security systems, the Ankabox, the Clients and the Launcher are collectively referred to as the "Services".
1.3 When you use our Services, We may ask you to provide us with personal data. For full information on how we process such personal information, please read our Privacy Policy carefully; it can be found at the following link: https://account.ankama.com/en/privacy-policy.
1.4 In this way, the ToU determine the contractual framework of relations between the user of the Services (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 contract 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 14 hereinafter.
2.3 Acceptance of the TOU is established by your electronic signature, manifest by your having checked the box provided for this purpose or by your having clicked on the TOU acceptance button or on the button allowing you to finish creating your Account. 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 Services are offered online, you must have an Internet connection to access them. Any telephone connection and Internet access costs are your responsibility. Ankama is not liable for any damages you may incur as a result of using an Internet connection or installing malware on your computer or mobile device.
3.2 Certain Services may be accessed via mobile device. "Mobile device" is understood as any portable device capable of connecting to the Internet to access said Services (cellphones, touchscreen tablets, personal digital assistants, etc.). You acknowledge that the quality of the Services, the response time or the access to certain features may depend on the capabilities of your mobile device or electronic communications network. You acknowledge that the Services offered by Ankama on mobile devices may not be available on all mobile devices.
3.3 Ankama only grants you a limited, non-exclusive, non-transferable license to access and use the Services and their content. This license is subject to compliance with the rules set out in the ToU.
3.4 To access the Services and/or all of the features of the Services, the Company may ask you to create an Ankama account (hereinafter the "Account"). You can create an Account by using the inserts provided for this purpose on Ankama's websites (hereinafter the "Websites"), which can be found under the "Create an account," "Registration," or "PLAY!" section.
3.5 Certain Games can be accessed without completing the Account creation form. In this case, a guest account will be automatically created for you to save the data associated with the Game you wish to access, including your progress (hereinafter the "Guest Account").
Please note that for certain Games, the Guest Account will not provide access to all the features of said Games. To obtain full access, We will ask you to register for an Account by filling out the Account creation form.
To the extent they are compatible with the provisions of the ToU, the Account rules are applicable to the Guest Account. For example, the sanctions provided for in Article 10 of the ToU are applicable to the Guest Account.
ARTICLE NO. 4 : ACCOUNT CREATION
4.1 Characteristics
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 so requires, you must have obtained permission from your legal representative (parent or guardian), and you must, in any case, have the legal capacity to enter into an agreement with the Company.
4.1.2 The Account is a user account provided to you by means of a login ID (account name or email address, depending on your Account's creation date) and a password.
4.1.3 The Account remains the property of the Company. You are only granted a right to access the Services by means of the Account provided to you.
4.1.4 To create an Account, you must enter the following information:
email address;
password;
date of birth;
first and last names.
Depending on the laws in force in your country of habitual residence, the Company may ask you to provide the email address of your legal representative (parent or guardian) in order for them to provide their consent for the creation of your Account.
An email address may only be used as a login ID for one Account.
When you first access the Services, you will be asked to enter a nickname.
Ankama reserves the right to limit the number of Accounts that can be created from the same IP address in a given period.
4.1.5 Account and personal information can only be managed at https://account.ankama.com/en/login (hereinafter "Account Management").
4.1.6 The login ID (account name or email address) and password allow you to access the Services. The email address allows us to communicate with you regarding the management and tracking of your Account and to send you information about the Services.
4.1.7 The Account must abide by at least the following basic rules:
The personal information must be accurate, verifiable, complete, and current. A valid personal email address must be provided.
You agree not to use proxy servers or virtual private networks (VPNs) to create the Account or to log in to the Account.
Creating an Account in an automated manner and/or using a false or fraudulent identity is strictly prohibited.
4.1.8 When you make your first payment on our Websites or on the Launcher, you will be asked to provide your billing and/or delivery mailing address.
If there is any change to your information, you must update it in Account Management or by contacting Support as soon as possible.
4.2 Rules for account creation
4.2.1 The login ID (account name or email address, depending on your Account's creation date) is not visible to other users.
The nickname is different from the account name and is visible on the Forums and in game. Other users know the Account holder by their nickname. The nickname identifies you as a person. In certain Games, the character's name is complementary to the nickname. It is visible to other users. The character name corresponds to the role you play in the game. The guild name and the team name are visible in-game to other players.
4.2.2 The account name, nickname, character names, guild names, and team names must abide by certain basic rules. In particular, it is required that each such name:
be a pronounceable word (for example, the word ssdfzxjf does not abide by this rule);
not be offensive, inappropriate, or improper;
not refer to a political orientation, ethnicity, community, or religion;
not be vulgar or insulting;
not have a sexual or pornographic connotation;
not contain your first and/or last name;
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 any other entity prohibited by law;
not resemble or imitate the names of major elements of the Company's creations (non-playable characters, heroes from the story, iconic locations, dungeon bosses, etc.);
not resemble or imitate the name of a moderator, game master, or employee of the Company;
not be spelled differently in order to circumvent the above rules; and
not combine your first and last name, which together would violate the above rules.
Determinations regarding compliance or non-compliance with these rules (including determinations regarding the resemblance between an account name, nickname, character name, guild name, team name, and any another term) are at the Company's sole discretion.
4.3 Responsibility/Security
4.3.1 Security
To guarantee the security of your Account and prevent account theft (commonly referred to as "account hacking"), you agree that:
You will not give access to your Account to third parties. Loaning, sharing, exchanging, gifting, purchasing, transferring, and selling Accounts (or attempting to do so) is prohibited. The Company is not responsible for any account loaning, sharing, exchanging, gifting, purchase, transfer, or sale, and any such actions may lead to sanctions as provided for in Article 10 of the ToU.
You will take all measures necessary to prevent third parties from accessing the Account you have activated, even without your knowledge.
You will not play on a third party's Account.
You will not disclose your login details, i.e. the account name, password, and secret answer.
You will use a personal email inbox and will not share this email.
You will allow Ankama to easily contact you for any reason via your email address.
4.3.2 Responsibility
4.3.2.1 The security of your Account is solely your responsibility, and Ankama cannot be held liable for any harm caused to your Account, your computer, or your mobile device as a result of the login details for your Account being lost or shared.
4.3.2.2 Ankama may in no way be held responsible in the event that your Account is stolen or compromised in any way.
4.3.2.3 You further acknowledge that you are presumed to be the user of your Account and are responsible for the actions taken through your Account and on your Account.
4.3.2.4 You acknowledge that you, and not Ankama, are responsible for any electronic communications and content sent from your computer or mobile device, and that you will only use the Services in accordance with the law and the ToU.
4.4 Certification
When you create your Account, Ankama will ask you to certify it. Account certification is mandatory. To certify your Account, you must provide the information indicated in Article 4.1.
If your Account has already been certified, Ankama reserves the right to ask you to show proof of your first and last names and date of birth by any means.
You are reminded that any information you provide under the ToU must be accurate.
ARTICLE NO. 5 : GAMES
5.1 License
Subject to compliance with all provisions of the ToU, the Company grants you a limited, non-exclusive, non-transferable, and revocable 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 connection techniques other than those provided by Ankama or its partners to access the Games is prohibited.
Client-specific conditions: Ankama authorizes you to install the Clients on any device of which you are the owner or for which you have the right to install software programs and save the present files for backup purposes.
5.2 Licensing restrictions
The license granted to you is subject to certain restrictions. Any use of the Games and/or the Clients in violation of the rules of Article 5.2 shall be considered an infringement of the Company's copyrights.
5.2.1 You acknowledge that any reverse engineering, disassembly, decompilation, or modification of, or any alteration to all or part of, the Clients or Games is strictly prohibited, except as expressly permitted by Ankama or by current law.
5.2.2 You are prohibited from modifying the Games or Clients (except for installing updates). You are prohibited from modifying or causing to be modified any file constituting a part of the Games or Clients without the Company's express authorization, and you are prohibited from creating works derived from the Games.
5.2.3 You are prohibited from using or creating pirate servers, proxies, virtual private networks (VPNs), emulators, or any other similar element to log in to the Games. To log in to the Games, you must use only the tools and means offered and accepted by Ankama.
5.2.4 You may not use the Clients to develop any software programs.
5.2.5 You are prohibited from creating, using, or promoting any program or tool that might harm the Games or the Clients, alter the experience of the Games, or circumvent the rules of the Games, including but not limited to bots, viruses, Trojan horses, piracy tools, cheats, automation software, modification software, software allowing mouse clicks to be automated (commonly known as "auto-clickers"), or other unauthorized software intended to modify the Games or the Clients. Furthermore, you may not circumvent or attempt to circumvent, in any way whatsoever, any technical measures implemented by Ankama or any third party to protect, control, or restrict access to the Games or the Clients, or to prevent unauthorized use of the Games and the Clients.
Ankama may monitor how its Games and the Launcher are used, both on its servers and on your computer or mobile device, in order to prevent cheating and apply the corresponding sanctions. In this context, the Clients may contain features designed to detect the use of programs and tools that are not authorized herein and that run concurrently with a Game on your computer or mobile device.
5.2.6 You agree not to spy on or intercept the communication protocols used by the Company, and not to use data or protocol interceptors. Thus, for example, you may not emulate these protocols, retrieve data via packet sniffing, or transfer these protocols and their data to another protocol (tunneling).
5.2.7 You may not sell all or part of the Clients or the files accompanying them. In general, you agree not to use or operate the Clients or the Games for commercial purposes.
5.2.8 You agree not to distribute, even free of charge, all or part of the Clients and the files accompanying it without Ankama's prior written authorization.
5.2.9 You agree not to create, use, or distribute any program not distributed by Ankama that may be used to modify the characteristics of your Account, or that of a third party, and that may damage the servers or be detrimental to the Company's interests.
5.2.10 You may not use the Games in any way that may render them inaccessible, damage them, or prevent them from working.
5.2.11 Notwithstanding Articles 5.2.1, 5.2.2, 5.2.6, and 5.2.8 hereof, Ankama may provide you with tools allowing 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 "Custom Theme"), and then share the modified theme to other users of the Services.
5.2.11.1 If you create and/or share a Custom Theme, you agree to the following rules, which shall survive the termination of the Agreement:
You agree not to create or share any Custom Theme that might infringe the rights of third parties (image rights, right to privacy, intellectual property rights, or any other rights).
You agree not to create or share any Custom Theme that might be considered illegal, aggressive, libelous, pornographic, obscene, vulgar, racist, hateful, malicious, sexually explicit, violent, or contrary to public order.
You are prohibited from creating or sharing a Custom Theme that might harm the Games, the Clients, Ankama, or other users of the Services.
You agree not to include advertising in the Custom Theme.
A Custom Theme may only be shared free of charge. You are strictly prohibited from asking for compensation of any kind from other users of the Services for the use of a Custom Theme.
The creation, use, and/or sharing of a Custom Theme does not entitle you to any compensation from Ankama.
You alone are responsible for storing the Custom Theme and the costs associated therewith.
If your Custom Theme is a protectable work, you agree to grant Ankama, free of charge, a global, non-exclusive, irrevocable, transferable license in perpetuity, or for the duration applicable to literary and artistic property in your place of habitual residence, to reproduce, represent, adapt, copy, repair, cite, publish, use, transform, translate, archive, store, modify, create derived works from, license or sub-license, sell, market, distribute, broadcast, disseminate, and communicate in any other way, and to publicly post and execute all or part of a Custom Theme in any way, in any format, and on any current or future medium of any kind for any reason whatsoever, in particular to promote the Services or to feature your Custom Theme.
You guarantee that you have the full and free enjoyment of any and all uses of the rights transferred against any difficulty, claim, or eviction, and against any defamation or violation of community standards. You declare that you are the sole owner of the rights attached to the modifications made to the Pre-Existing Theme and that you have the full power and capacity to assign them; you further declare that, for the licensing period agreed upon, you have not granted and will not grant any rights that might compete with those assigned above.
If your Custom Theme is a protectable work, you grant all other users of the Services the right to use, copy, modify, post, execute, and create derived themes from the Custom Theme, and to communicate and share it in any other way.
You agree to indemnify Ankama against any kind of third-party petition, proceeding, litigation, complaint, action, or claim for damages against Ankama arising from a breach of any of your obligations, representations, and/or warranties under this Agreement.
Ankama reserves the right (but is not obligated) to prevent, at any time, the use of any Custom Theme(s) stored on a particular website for any reason whatsoever, and in particular if the Custom Theme(s) and/or the website violate the terms of the Agreement.
5.2.11.2 If you wish to use a Custom Theme, you agree to the following rules:
You agree to use only the tools provided by Ankama for installing the Custom Theme.
You are advised that Ankama does not store Custom Themes and has no control over their content. Thus, Ankama may not be held responsible for any violation of rules under Article 5.2.11.1 committed by any user creating and/or sharing a Custom Theme. In particular, Ankama may not be held responsible if the downloading, installation, and/or use of a Custom Theme causes you any harm.
5.3 Rules of conduct / Prohibited activities
The provisions of this article do not supersede the rules of conduct specific to certain Games, available at the following links:
DOFUS / DOFUS Retro: https://www.dofus.com/en/mmorpg/community/rules
WAKFU: https://www.wakfu.com/en/mmorpg/community/game-rules
DOFUS TOUCH: https://www.dofus-touch.com/en/mmorpg/community/rules
Where a conflict exists between this article and the specific rules, the specific rules shall take precedence and supersede the terms of this article.
By using the Services, in particular the communication services provided as part of the Games and the Launcher, you agree to abide by the following rules:
5.3.1 You agree not to insult or threaten other users or the Company's employees, or make remarks deemed to be racist, shocking, offensive, discriminatory, or contrary to French, European, or international laws, regardless of the language used. Ankama cannot be held responsible for any violation of this paragraph.
5.3.2 You further agree not to send "spam," "floods," or commercial offers of any kind to other users; cheat, steal Accounts, characters, or any Account item, or attempt to do so; threaten, harass, or bother other users by any means whatsoever; give other users personal information about yourself or about another user; or collect information in the Games.
5.3.3 You are prohibited from engaging in any form of advertising or commercial promotion. Ankama may nevertheless authorize, at its sole discretion, the dissemination of fan sites and other guild forums in connection with the Ankama games universe, provided that they do not contain illegal content or content that violates the ToU.
5.3.4 In the Games, each discussion channel has its own purpose. You agree to use the discussion channels in accordance with their intended purpose. Improper use of the discussion channels may be sanctioned, particularly if done in an abusive and deliberate manner.
5.3.5 Audiotel codes acquired on the Websites may not be sold or traded in the Games, on the Forums, or anywhere else.
5.3.7 Your written public communications may be recorded, analyzed, or deleted by Ankama so that it may verify whether your communications comply with the law and the ToU. You acknowledge that you, and not Ankama, are responsible for any in-game communications and content sent from your computer or mobile device, and that you must only use the Games pursuant to law and the ToU.
5.3.8 You agree not to use vulnerabilities, bugs, or any other type of error to obtain an unfair advantage in-game (including but not limited to gaining experience, gaining items, gaining time, circumventing restrictions, and duplicating items or kamas), and not to promote the use thereof. Similarly, you agree to notify Ankama via Support immediately if you notice a vulnerability or error in the Games.
5.3.9 You are prohibited from participating in, organizing, or being involved in any attack against Ankama's servers.
5.3.10 In general, use of the Services must not violate national and international laws and regulations.
5.4 Game elements
All elements you can obtain in our Games, whether purchased by you or obtained by you following the use of our Games, or in exchange for the right to use Ogrines, Goultines, or Kamas usable only in our KROSMAGA game store (hereinafter the "Krosmaga Kamas"), including, but not limited to, game characters, all virtual items linked to your game character(s) (equipment, mounts, pets, companions, living items, scrolls, resources, etc.), Kamas, virtual Krosmaster figurines, and virtual cards for the KROSMAGA game (hereinafter, collectively, the "Game Elements"), are associated with your Account. You acknowledge that the Game Elements are and remain the exclusive property of the Company. The provision of Game Elements by the Company is strictly personal and limited to the experience in the Games. The Company grants you only the right to use the Game Elements. It does not grant ownership, which you expressly acknowledge. Thus, this right of use will expire no later than upon the closing of your Account, whatever the reason.
You acknowledge that the Game Elements have no financial value in the real world. You are strictly prohibited from exchanging them for real money. In general, loaning, sharing, exchanging, gifting, purchasing, transferring, and selling Game Elements (or attempting to do so) outside of the Websites, the Games, and their rules, is strictly prohibited and may result in sanctions being applied to your Account.
Because the Games are constantly evolving and, in particular, in order to guarantee that the experience is as balanced as possible across players, Ankama reserves the right to modify or eliminate Game Elements.
5.5 Updates / Modifications
In order to improve the experience of the Games, Ankama reserves the right to apply updates and modifications to the Clients and the Games (hereinafter the "Updaters"). For these updates and modifications to be effective and for you to be able to continue playing the Games, you agree to install these Updaters. The Games, the Clients, and their updates constitute an indivisible whole and are inseparable from their components, all of which are subject to the ToU.
ARTICLE NO. 6 : FORUMS
6.1 The provisions of this Article are applicable to all Forums run 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 "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 any 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 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 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 Game 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 Ankama's express authorization.
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. Thus posts on issues such as bans, Account closures or deleted messages 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 posts 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 : ACCOUNT PROTECTION FEATURES
Ankama offers its users free access to two tools that allow them to securely access an Account:
the Ankama Shield feature; and
the Ankama Authenticator mobile application.
Ankama may activate either of these two tools on your Account at any time. You may then deactivate it via your Account Management.
7.1 Ankama Shield
Ankama Shield is an account protection system available on the Launcher, in the game DOFUS, and on the Websites (hereinafter the "Shield"). The Shield is activated by default when an Account is created.
The Shield allows a "restricted mode" to be activated on an Account, which blocks access to Account Management and other game features (trading items, for example) in the event you have not logged in using a Shield-certified connection.
Thus, when logging in from a new computer or browser, the Shield will protect your Account by asking you for a security code that will be emailed to you.
We encourage you to consult the Support website (https://support.ankama.com/hc/en-us/sections/200297533) to learn more about how the Shield works.
7.2 Ankama Authenticator
The Ankama Authenticator is a mobile application available on compatible mobile devices, allowing you to enhance the security of your Account (hereinafter the "Authenticator"). We encourage you to consult the "Ankama Authenticator" section on the Support website (https://support.ankama.com/hc/en-us/articles/201070008-Installing-the-Authenticator-security-feature) to learn more about how the Authenticator works. A tutorial is also available in the application.
In order to activate this protection feature, you must:
have a compatible mobile device;
have a certified Account (see Article 4.4 hereof);
have access to the email address linked to your Account; and
know your secret answer.
Before you activate the Authenticator, you must make sure all the information provided for your Account is accurate. Otherwise, Ankama will not be able to help you if you encounter a problem when using the Authenticator.
Ankama does not guarantee that:
the Authenticator is compatible with all mobile devices, even if the application is compatible with the operating system your device is running;
the current Authenticator will always be compatible with the version of your operating system or with your device. In this case, Ankama will notify you by any means deemed necessary of any Authenticator updates that could lead to incompatibilities with certain versions of an operating system or certain devices.
Furthermore, Ankama does not guarantee that the Authenticator will function properly in the event that:
your device's operating system changes;
your device's operating system is modified (unlocked, jailbroken, rooted, etc.);
your device's operating system has been updated;
a pirated operating system is being used; or
an operating system without a version recommended by Ankama is being used (to see the recommended versions: https://support.ankama.com/hc/en-us/articles/201070008-Installing-the-Authenticator-security-feature).
Ankama cannot be held responsible if the Authenticator does not function properly due to any of these situations.
ARTICLE NO. 8 : ANKABOX
Ankama claims no right of ownership over the content of any messages you send via the Ankabox service. Ankama does not access your messages, except out of technical necessity to provide the messaging service. Ankama 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, Ankama 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 KROSMAGA KAMAS
This Article governs 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 additional special conditions may apply depending on the method of obtaining rights of use over Credits, 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 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 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 may 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 cannot therefore 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; or (2) at the end of the period provided for in the General Conditions of Sale applicable on the day you ordered the Credits, as appropriate.
9.4 Special Conditions of the Kama Exchange (applicable only to Ogrines in the DOFUS game): In the DOFUS game, rights of use of Kamas and rights of use of Ogrines may be exchanged 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; or (2) ninety (90) days after the Ogrines have been credited to your Account.
ARTICLE NO. 10 : SANCTIONS
10.1 In the event of a violation of one or more provisions of the ToU or any other document incorporated by reference hereto, Ankama reserves the right to terminate or restrict, without prior notice and at its sole discretion, your use of and access to the Services, your Account, and any Ankama Websites, and to sanction you within the Games. Sanctions are specific to certain Services, notably the Games and the Forums. If there is a conflict with this article, the specific sanctions take precedence over the ToU.
10.2 The sanctions depend on the seriousness of the violation. These sanctions are as follows (non-exhaustive list):
Removal of the ability to speak ("mute"): You will be temporarily unable to use the in-game chat function.
Expulsion from the game ("kick"): You will be disconnected from the game and will be temporarily unable to access it.
Warning: A warning does not have direct consequences on the Account. You may continue to use the Services with no change. Above all, a warning is meant to let you know that you risk more severe sanctions if you continue to violate the rules of the ToU.
Temporary suspension: You will be unable to access your Account for several days. The duration depends on several criteria, namely the seriousness of the infraction committed and whether it is a repeat offense.
Permanent suspension: The Account is permanently banned; you can no longer access it. This sanction is usually applied in instances of a repeat offense, or a serious (for example, payment without the consent of the holder of the payment method used) or unpardonable violation of the ToU.
Kama debt: In the DOFUS game, this sanction applies to players who have collected Kamas in a manner that violates the ToU (to learn more: https://support.ankama.com/hc/en-us/articles/203883193-The-Various-Types-of-Sanctions).
10.3 Ankama reserves the right to apply any sanction provided in the previous paragraph to an Account, depending on the seriousness of the violation, without the need to give a warning or apply a sanction of a shorter duration beforehand.
10.4 Ankama further reserves the right to change account names, nicknames, character names, guild names, and team names that do not abide by the rules set forth above, as well as those deemed by Ankama to be inappropriate. If necessary, Ankama may temporarily or permanently suspend access to the Account or delete a guild or team name, with no compensation provided.
10.5 Ankama reserves the right to permanently suspend all of your Accounts, depending on the seriousness of the violation.
10.6 In addition to the sanctions described above, Ankama may impose whatever sanctions are necessary, including initiating civil and criminal proceedings against the violator.
10.7 If Ankama observes suspicious or unusual behavior or actions on your Account that could result in a violation of the ToU, Ankama reserves the right, at its sole discretion, to lock your Account for as much time is needed to conduct verifications or an investigation. Ankama alone shall decide whether to compensate you in the event that your Account is locked.
10.8 If you have acquired, directly or indirectly, Game Elements fraudulently (for example, using vulnerabilities, bots, cheating techniques, theft, or auto-click software, or on websites selling Game Elements without Ankama's approval), Ankama reserves the right to access your Account and delete all or some of the elements in your possession.
Similarly, Ankama reserves the right to change any of your characteristics (for example, your level, characteristic points, and spell points) if there is evidence that you exploited a vulnerability or any other technique allowing you to increase your characteristics fraudulently.
10.9 Unless otherwise set forth in the ToU or save the Company's consent to the contrary, no refund will be issued if the Account is suspended prior to the end of the subscription period, if Ogrines are still available on the Account, or if you acquired a Starter Pack or virtual items.
10.10 Slandering, insulting, harassing, or threatening an Ankama staff member, representative, or moderator, or any other person associated or affiliated with Ankama or its partners or service providers, as well as harmful, violent, obscene, vulgar, hateful, or offensive remarks or behavior regarding such persons, or any violation of their privacy or their rights in any other way, may result in sanctions on your Account(s), regardless of 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 department (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 email address. Your request will be saved in the form of a ticket (identified by a 7-digit number).
11.2 The 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 inadequate behavior with regard the Support advisers 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 for 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 If 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 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. Support may also block access to the Account in question for the time needed to conduct an investigation. Following the investigation, Support will settle the dispute at its sole discretion.
ARTICLE NO. 12 : LIABILITY AND WARRANTY
12.1 Ankama will do everything possible to ensure the proper operation of its Services and provide you with the Services 24 hours a day, 7 days a week.
12.2 However, in this regard, Ankama is only bound by an obligation of means as regards access to and use of Services. Ankama cannot guarantee that the functionalities offered by the Services will always be available and free of typographical, technical or other errors, that flaws will be corrected, or that the Services or servers hosting them will be free of viruses and bugs.
12.3 For reasons of maintenance, testing, security, repairs, or any other reason, linked to the improvement and/or proper operation of the Services, these Services may be temporarily interrupted by Ankama, without engaging its responsibility. Ankama will, at its sole discretion, decide whether or not to provide you with compensation in the event of interruptions in Services.
12.4 The Company shall not be held liable in the event of force majeure as defined by law.
12.5 Ankama provides the Services while they are published. Ankama therefore reserves the right to cease publishing the Services and consequently to interrupt Services definitively; in the event of this, you will be notified of this by all means. Ankama could also interrupt the Services definitively in the event of a cessation of activity.
12.6 Unless stipulated otherwise by the law or in special conditions agreed upon expressly between Ankama and you, you acknowledge and agree that:
The Services, Websites and their content are provided "as is" without any further warranties or 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 DECLINES ALL RESPONSIBILITY FOR USE OF THE SERVICES THAT IS NOT IN ACCORDANCE WITH THESE TOU. ANKAMA SHALL NOT BE HELD LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, LOSSES OF DATA OR PROFITS, WHICH MAY ARISE FROM THE USE OR NON-USE OF THE SERVICES, NEGLIGENCE, OR ANY OTHER REASON ASSOCIATED WITH THE SERVICES.
ANY AND ALL COMMUNICATIONS BETWEEN ANKAMA AND YOU, WHETHER ORALLY OR IN WRITING, SHALL NOT CREATE ANY GUARANTEE WHATSOEVER NOT SET FORTH IN THESE TOU.
Ankama shall not be held liable for any errors or omissions on your part.
Ankama shall not be obliged, for whatever reason, to reimburse you in any amount in the event of failure.
12.7 Similarly, the company shall not be held responsible for links from Web pages or other sites leading to the service, but not managed by Ankama, or any link contained on the Services 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.
12.8 Some countries do not allow the exclusion or limitation of liability. Therefore, the limitations or exclusions cited may not apply to you.
12.9 SUBJECT TO THE PRECEDING STIPULATIONS, SHOULD THE COMPANY'S LIABILITY BE ENGAGED IN THE FRAMEWORK OF YOUR USE OF SERVICES, THE AMOUNT OF ANY DAMAGES AWARDED TO YOU IS LIMITED TO THE AMOUNT OF THE SUMS YOU HAVE PAID IN THE FRAMEWORK OF ACCESS TO THE SERVICES OVER THE COURSE OF THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM.
ARTICLE NO. 13 : INTELLECTUAL PROPERTY / TRADEMARKS
13.1 All elements, features, tools, and documents belonging to the Ankamaverse and provided by Ankama (including, but not limited to, the Games, the Launcher and any content offered on the Launcher, the Clients, the Updaters, the Game Accounts, the Kamas, the Ogrines, the Goultines, the Krosmaga Kamas, as well as any title, computer code, theme, item, character, character name, story, dialog, slogan, concept, work of art, animation, sound, musical composition, audiovisual effect, operating mode, moral right, documentation, transcript of conversation in the Games, character profile information, recording, or repeated gameplay, and the server software) are protected by French and international copyright and intellectual property law. All these elements, features, tools, and documents belong to Ankama. Unless you have Ankama's prior consent in writing, you agree not to commercially exploit elements originating from Ankama's creations and not to promote this kind of activity that infringes on Ankama's rights. Ankama will take any steps necessary to prevent such acts.
13.2 Any data associated with the Games, Services, or Websites is the property of Ankama and is protected by French, European, and international copyright law. Accordingly, you must abide by the prohibitions provided for in Articles 5.2, 5.3, and 5.4. You may not, in whole or in part, copy, reproduce, translate, extract, edit the source code of, disassemble, decompile, modify, rent, sell, distribute, or create derived works inspired by the Games or content without Ankama's prior written agreement.
13.3 Any trademarks appearing on the Websites or in the Services are trademarks created by the Company or for which it holds the right of use. You may not use these trademarks without Ankama's prior written authorization. You may not use meta-tags or other "hidden texts" using Ankama's trademarks or names without Ankama's prior written authorization. Other trademarks appearing on the Websites or in the Games not belonging to Ankama are the property of their respective owners.
13.4 Any unauthorized use shall terminate the authorization or license granted by Ankama.
ARTICLE NO. 14 : TERMINATION
14.1 This Agreement shall enter into force on the day of your acceptance, and remain in force through to its conclusion, unless either you or Ankama terminate it before such time.
14.2 Termination at Your Initiative: You can request that your Account be closed at any time and for no reason, subject to proving your identity. 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.
14.3 Termination at Ankama's Initiative:
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 any 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. Accounts are considered inactive when they have 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 closing your Account, we will warn you by sending you a message to the email address associated with your Account.
14.4 Consequences of Termination, Irrespective of the Party Initiating such Termination: In all cases, closing 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. 15 : EPILEPSY
Some individuals may suffer epileptic seizures when exposed to particular forms of light or flashing lights. Exposure to such forms or such images on a television, or from playing video games, may induce epileptic seizures in such individuals. Any person who suffers from epilepsy must consult a doctor before playing. If you experience dizziness, impaired vision, muscular or visual spasms, loss of consciousness, disorientation, involuntary movements, or convulsions whilst playing, stop playing immediately and consult your doctor.
ARTICLE NO. 16 : GENERAL PROVISIONS
16.1 Severability: Where any of the terms or conditions of this Agreement is held to be illegal, invalid, or unenforceable, such term or condition shall be removed herefrom, and the remaining provisions shall remain in full force and effect.
16.2 No waiver: Any failure by Ankama to enforce any right or provision of the ToU shall not be deemed or construed as a waiver of such right or provision. Any Ankama Support representatives or Ankama staff members in contact with you are not legally authorized to bind Ankama to any amendment or waiver of the provisions of the ToU.
16.3 Entire agreement: The ToU, and any other documents expressly incorporated herewith by reference, constitute the entire agreement entered into by you and the Company with respect to the Services and take precedence over any prior or existing communications, whether electronic, verbal, or written, between you and the Company with respect to the Services; it is understood, however, that the Agreement will co-exist with, and will not supersede, the Privacy Policy, Terms of Use specific to a Game or Forum, and the Terms and Conditions of Sale.
16.4 Amendments: Ankama reserves the right to amend, add, or delete certain rules set forth in the ToU. You will be notified by all means possible of any substantial amendments to the Agreement when you try to access one of our Services. You acknowledge that by using the Services after being notified of the amendments, additions, and/or deletions, you agree to these amendments, additions, and/or deletions.
16.5 Governing law: The ToU are subject to French law and the French language.
16.6 Survival of terms: In the event that the ToU are terminated, Articles 3.1, 5.2, 5.3, 5.4, 12, 13, and 16 shall continue in force and effect.