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Terms of use - Ankama Version 4

Article no. 1 : INTRODUCTION

1.1 These Terms of Use (the “TOU” or the “Agreement”) set forth the terms and conditions under which you are provided access to services by Ankama or any of its subsidiaries (hereinafter jointly the “Company”, “Ankama” or “We”).

1.2 These services comprehend, among others, an access to the Games published by the Company (DOFUS, WAKFU and KROSMASTER ARENA, collectively the “Games”), the forums available on our websites (the “Forums”) and the Ankabox.

For some Games, you must download and install game software (the “Clients”). This Agreement also governs your use of the Clients.  

We collectively refer to the Games, the Forums, the Ankabox and the Clients as the “Service”.

1.3 As such, the TOU determine the framework of contractual relations between you and the Company.

Article no. 2 : ACCEPTANCE

2.1 You acknowledge that you are an individual over the age of eighteen (18) years or over the age of majority in the country where you have your principal residence or, if you are a minor, have obtained permission from your legal representative (parent or guardian) to access the Service.

If you live in the United States and if you are under 13 years of age, CAUTION! You may not create an Account and access the Service. If you are aged between 13 and 18 years, then you must obtain the consent of your parent or legal guardian.

In any cases, you must be able to enter in agreement with the Company.

2.2 Any use of the Service not in accordance with the TOU is prohibited.

2.3 By clicking “I agree”, or by posting on the Forums, or by installing, copying, or otherwise using the Games, you agree to be bound by this Agreement.  In case of disagreement with these provisions, you are advised to not using the Service and/or uninstall the Clients.
 

Article no. 3 : ACCESS

3.1 As the Service is offered on the Internet, you must have an Internet connection to access it. All costs of telephone connections and Internet access are at your expense.

3.2 To access the Service, you must create an Ankama account (the "Account") at https://account.ankama.com/en/account-creation.
 

Article no. 4 : ACCOUNT CREATION


4.1 Characteristics

 
4.1.1 To create an Account, you must be a person aged eighteen (18) years or have reached the legal age in your country of residence, or obtained the agreement of your legal representative (parent or guardian) if you are a minor.
Reminder: If you live in the United States, you shall not create an Account if you are under the age of 13.

4.1.2 The Account is a user account at your disposal via an account name and password.

4.1.3 The Account remains the property of the Company. You may hold only a right of access to the Service, through an Account at your disposal.

4.1.4 To create an Account, you must enter the following information:
  • Account name
  • Password
  • Email address
4.1.5 Account management and managing personal information takes place solely on https://account.ankama.com/en/login.

4.1.6 The Account name (or login) and the password will allow you to access the Service.

4.1.7 The Account must respect the following rules as a minimum:
  • Personal information must be accurate, verifiable, complete and current. A valid personal email address must be provided;
  • You accept not to use mandatory servers (also called proxies) would it be for registrations or connections to the Account;
  • Automatic account creation and/or account creation using a false or fraudulent identity is strictly prohibited.
4.1.8 Upon certification of your Account, that is to say from the time of your first payment on our websites, you will be asked for additional information:
  • Salutation
  • First and Last names
  • Date of birth
  • Mailing address
  • Phone number
  • Secret question
  • Secret answer
If any of your information changes, such as postal address or email address, you must notify the Company within the shortest possible term.


4.2 Creation rules

 
4.2.1 The Account name is not visible by other Users.
The nickname differs from the Account name and is visible on Forums and in game. The owner of an Account is known by the other users through his nickname. The nickname identifies you as a person. In game, the character nickname completes the Account nickname. It is visible by the other users. The character nickname matches the role you play in game.
Guild name and team name are visible in game by the other users.

4.2.2 The Account name, the nickname, character nicknames, guild names and team names name must meet the following rules at least:
  • Correspond to a pronounceable word (e.g. the word "ssdfzxjf" does not respect this rule);
  • Does not refer to a political orientation, ethnic group, community, religion;
  • Is not vulgar or insulting;
  • Does not have a sexual or pornographic connotation;
  • Does not include your name and/or surname;
  • Does not resemble or imitate a registered trademark;
  • Does not refer to a narcotic product or other entity forbidden by law;
  • Does not imitate or resemble the names of the characters from the Games back-story (non-player character, hero of the story...);
  • Does not imitate or resemble the name of a moderator or an employee of the Company;
  • Is not spelled alternately in order to circumvent the rules imposed above;
  • Does not combine your first and last name, which, when assembled, would contravene the rules listed above.


4.3 Responsibility/Security


4.3.1 Security


To ensure the security of your Account and to avoid the theft of an account known as "Hacking an account", you agree:
  • Not to give access to your Account to a third party. The loan, share, exchange, donation, purchase, transfer and sale of accounts are prohibited. Any loan, share, exchange, gift, purchase, sale or transfer of account will not be enforceable against the Company and may lead to sanctions as described in Article 7;
  • To take all measures to prevent a third party accessing the Account that you have activated, even without your knowledge;
  • Not to play on a third party's Account;
  • Not to give out your login information, i.e. the Account name, password and secret answer;
  • To use a personal email address and not share this email address;
  • That the Company can easily contact you for any reason whatsoever, via your email address.


4.3.2 Responsibility


4.3.2.1 The security of your Account is solely your responsibility and the Company shall not be liable for damages that may result to the Account or your computer after losing or sharing your Account login information.

4.3.2.2 The Company shall not in any way be held responsible in the case of account theft or any changes that may result to the Account.

4.3.2.3 You also acknowledge that you are presumed to be the user of your Account and as such responsible for actions taken through the use of your Account and on your Account.

4.3.2.4 You acknowledge that you, and not the Company, are responsible for all electronic communications and content sent from your computer and you must only use the Service in compliance with the law.


4.4 Certification

 

4.4.1 Non certified Accounts

When you carry out your first payment using your Account (buying your first subscription or your first Ogrine pack), the Company will ask you to certify your Account. Account certification is mandatory. In order to certificate your Account, you must provide the information foreseen by article 4.1.8.


4.4.2 Certified Accounts


If your Account is already certified, the Company reserves the right to ask you to confirm, by all means necessary, your first name, last name and date of birth and to indicate your country of residence, mobile telephone number (or landline number if necessary) and secret question and answer.

Please note that all the information you provide as part of this Agreement must be accurate.
 

Article no. 5 : GAMES


5.1 License


Subject to the limitations set forth in this Agreement, the Company grants you a non-exclusive, non-transferable, revocable, limited license to access and use the Games and to download, use and display the Clients for your personal, non-commercial use.

Specific conditions to the Clients: The Clients may only be used to access to the Games. You acknowledge that the use of other techniques to connect to the Games than the official client provided by the Company is prohibited. The Company authorizes you to install the Clients on any machine that you own or for which you have the rights to install computer programs and store the files in question.
 

5.2 License limitations


Our grant of license to you is contingent on certain restrictions (“License Limitations”). These activities are strictly prohibited and exceed the scope of your license to use the Games and the Clients. Therefore, any violation of these License Limitations shall constitute copyright infringement, and shall be grounds for immediate termination of your license to use the Games and the Clients.

5.2.1 You may not hack, reverse engineer, disassemble, decompile, or otherwise modify the Clients or server computer code in any way, except as expressly permitted by Ankama, or applicable law.

5.2.2 You may not modify or cause to be modified any files that are a part of the Games or the Clients in any way not expressly authorized by Ankama, and may not make any derivate works of the Games.

5.2.3 You agree not to use or create pirate servers, proxies, emulators or any other elements of this type to connect to the Games. You may only use the tools and resources offered and accepted by the Company to connect to the Games.

5.2.4 You may not use the Clients to develop any computer program.

5.2.5 You agree not to create, use, advertise, publicize or promote any program or tool capable of causing damage to the Games or the Clients or of altering the gaming experience, including, without limitation, bots, viruses, Trojan horses, piracy tools, cheats, automation software, mods or any other unauthorized software designed to modify the Games or the Clients. In addition, you may not take advantage of, or publicize or promote ways to take advantage of any Game system bugs or exploits.

5.2.6 You agree not to intercept or spy on the communication protocols used by the Company. Thus, you may not emulate these particular protocols, collect data via packet-sniffing, or transfer these protocols or data to another protocol (i.e., tunneling).

5.2.7 You may not develop or distribute modifications to the Client using the functionalities provided for this purpose in the form of modules ("Modules") where the Company has not explicitly authorized the development and published the related licensing agreements, nor develop or distribute Modules using features, techniques, methods or functions other than those explicitly documented by the Company. Any module developed, distributed or used through the Client must be subject to a license for the development and use of the Modules.

5.2.8 You may not exploit the Games or the Clients for any commercial purpose.

5.2.9 You agree not to distribute, even without charge, all or part of the Games or the Clients and the accompanying files without the prior written permission of the Company.

5.2.10 You agree not to create, use, or disseminate any program not distributed by the Company which could be used to modify the characteristics of your Account or that of a third party, or which could adversely affect the game servers or infringe on the interests of the Company.

5.2.11 You may not use the Games in any manner that could render it inaccessible, damaged or inoperable.

5.2.12  You acknowledge that the Account and all Games content (including, but not limited to, the Games, the Clients, the Updater, game accounts, Kamas, Ogrines, and any titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings or replays of Games and server software) is the exclusive property of the Company, pursuant to article 11 hereof. Therefore, you agree not to sell or barter any item from the Game, except in the context of in-game trade allowed for by the rules of the Games. You agree not to trade in items from the Company's works and not to promote such activities that infringe on the Company's rights. The Company will make every effort to prevent such sales. Only the Company and its accredited partners may commercialize such elements.
 

5.3 Rules of conduct / Prohibited activities


5.3.1 You may not use profanity or any language that a reasonable person would find offensive obscene or otherwise improper, as determined by and in their sole discretion. Similarly, you may not display or link to such content. The following are some specific examples of offensive language and content:
 
  • You may not engage in verbal or written attacks against anyone, including other players, Forums participants, Ankama staff, or the Community Team.
  • You may not use hate speech or use the Service to participate in or form organizations, whether or not officially organized, whose ideology is based on or resembles anti-religious, anti-ethnic, anti-sexual orientation, racist, or sexist philosophies. Further, in order to maintain a fun, positive environment, you may not create posts in the Forums dedicated to real-world politics or religion.
5.3.2 You may not impersonate any person or entity or fraudulently hold yourself out as an employee, representative, or any other person or connected or affiliated with Ankama. This means you cannot log into someone else’s Account, or deceive or mislead other people as to your identify. For your own safety, We encourage users to safeguard their privacy, remain anonymous, and never give out personal information to other users.

5.3.3 You may not in any way disrupt or interfere, or attempt to disrupt or interfere, with the Service and Games experience of other players or staff, including the disruption of Ankama’s duties, computers, servers and related websites. The following are some specific examples of disruption:
 
  • You may not engage in the following forms of abuse: belittling, harassing, intentionally misleading others, etc.
  • You may not use (or abuse) the Service to harass others by engaging in spamming, spimming or “flooding.” This includes excessive use of the same word, message, character, or other, in attempts to bring unwarranted visibility to your cause or for general annoyance of others. This may also take the form of gibberish or unrelated messaging.
5.3.4 You may not conduct or promote any illegal activities whatsoever in connection with the Service. This includes every illegal activity not specifically highlighted above, including without limitation copyright infringement, trademark infringement, gambling, substance abuse, defamation, harassment, fraud, and virus or trojan horse transmission.

5.3.5 You may not use any chat, forums or message services to violate any confidentiality obligations to which you may be bound, including any Nondisclosure Agreements. Also, you may not use these chats, forums or message services to disclose private communications between Ankama and you. We do not publically discuss moderation decisions or disciplinary actions taken against members and We ask that you do not either. Messages that discuss topics such as infractions, suspensions, account closures, or thread/post deletions or modifications are subject to removal and may result in further disciplinary action. In addition, do not re-post or take upon any action to publically bring up a previously locked, closed, deleted or otherwise moderated discussion.

5.3.6 You may not use (or abuse) any chat or message services to distribute advertisements.

5.3.7 Your written public communications can be recorded, analyzed, or erased by the Company so that it can ensure your communications comply with legislation.

5.3.8 The Clients may only be used to access the Games. You acknowledge that the use of other techniques to connect to the Games than the official Clients provided by the Company is prohibited. The Company authorizes you to install the Clients on any machine that you own or for which you have the rights to install computer programs and store the files in question.

5.3.9 You agree not to use loopholes, bugs or any other error to obtain unfair advantages in-game. Similarly, you agree to immediately notify the Company's Support when you notice a fault or error in the Games, Forums or any other service.

5.3.10 You agree not to host Games servers or to participate, organize or be involved in an attack against the Company's servers.

5.3.11 The use of the Service must not violate the regulations or national and international laws.

5.3.12 It is prohibited to sell or exchange Audiotels codes acquired on the Websites in the Games and on the Forums.
 

5.4 Game Objects, Krosmaster Figurines and Kamas


5.4.1 On its Websites and Games, the Company allows you to acquire user rights over virtual items (hereinafter the ‘Game Object’ or the ‘Game Objects’), Krosmaster figurines (hereinafter the ‘Figurine’ or the ‘Figurines’) and over Kamas (virtual money used in the Game environment), for the Dofus and Wakfu games in exchange for Ogrines. Game Objects, Figurines and Kamas are stored on the servers administered by Ankama in data format.

5.4.2 You acknowledge and accept the Figurines are attributed randomly and the probability of obtaining them varies according to the Figurine.

5.4.3 User rights over Kamas can only be acquired in exchange for game playing and user rights over Ogrines. Exchanges of user rights are carried out on the Kamas Stock Exchange (KSE). The amount of the exchange is freely set by the players.

5.4.4 User rights over the Game Objects and Figurines can only be acquired in exchange for Ogrines. Ankama reserves the right to amend the quantity of Ogrines required at any time to acquire user rights over Game Objects and Figurines, subject to no prior notice. Following confirmation of your order, the quantity of Ogrines required to purchase the Game Object or the Figurine will be directly and definitively debited from the Ogrines balance on your Account.

5.4.5 Acquiring user rights over Game Objects, Figurines and Kamas will be exclusively carried out via the Websites and Games. Therefore, you will refrain from acquiring user rights over the Game Objects, Figurines and Kamas outside of the scope of these Websites and Games.

5.4.6 User rights over Game Objects, Figurines and Kamas are connected to your Account. You acknowledge that the Game Objects, Figurines and Kamas are and will remain the Company’s exclusive property. Handover of the Game Object, Figurines and Kamas by the Company is strictly personal and limited to game playing in Dofus, Wakfu and Krosmaster Arena. The Company will exclusively provide you with a user right over the Kamas, Figurines and Game Object, which does not constitute a transfer of ownership, which You expressly acknowledge. Therefore, the user right over the Game Object, Figurine and Kamas will expire upon closure of your Account for any reason whatsoever.

5.4.7 You acknowledge that Game Objects, Figurines and Kamas have no financial value in the real world. It is strictly prohibited to exchange them for real money. In general, loaning, sharing, exchanging, donating, purchasing, transferring and selling Game Objects, Figurines and Kamas, outside of the scope of the actual Games and the regulations thereof, are strictly prohibited and may give rise to penalties affecting your Account.

5.4.8 The Company may, at any time, modify the characteristics of Game Objects and Figurines, notably with a view to achieving a balance, without any reimbursement being due.

5.4.9 The Company shall not exchange or replace Game Objects or Figurines.
 

5.5 Updates, changes and patches


From time to time, to improve the gaming experience, Ankama may issue updates or patches the Games and the Clients (the "Updater"). Your continued use of the Games and/or the Clients may be contingent on downloading and installing these updates or patches. You agree that such updates or patches shall be part of the Service as defined in this Agreement.
 

Article no. 6 : ANKABOX

The Company has no rights of ownership over the content of any messages sent via the Ankabox service. The Company does not access your messages, except out of technical necessity to provide the messaging service. The Company may carry out automatic operations across the Ankabox service in order to improve this service or the gaming experience offered by any of its publications.

In order to ensure the quality of the Ankabox service, you must respect the rules cited in this paragraph. If you do not respect these rules, the Company reserves the right, at its sole discretion and at any time, to send you a warning or to suspend or cancel your Account.

You are expressly forbidden to:
  • usurp the identity and/or the address of another person, and/or to create false Accounts to send spam;
  • use the Ankabox service to violate the License Limitations, the rules of conduct, the legal rights of third parties (such as privacy rights and image reproduction rights) or to promote and/or encourage illegal activity;
  • send unsolicited messages to persons with whom you have no previous relationship;
  • send any content that is illegal, defamatory, fraudulent, obscene or immoral, and/or breaks this Agreement;
  • transfer, without authorization, content protected by copyright or trademark which belongs to a third party without their authorization or that of their licensee;
  • globally, use the Ankabox service for the purposes of harming the Company and/or any persons and/or to disrupt their peace.

Article no. 7 : SANCTIONS

7.1 In case of violation of one or more provisions of these TOU, the Games rules, the rules established on the Forums or any other document prepared by the Company, the latter reserves the right to terminate or limit without prior notice and at its sole discretion, your use and access to the Service, your Account and all other Company websites and to sanction you in the context of the Games.

7.2 The sanctions depend on the seriousness of the violation. They may include, without limitation, the following actions:
  • The warning: The warning has no direct effect on the Account. You can continue to play without change. It is there primarily to warn you that you risk greater penalties if you continue to violate the TOU.
  • The one (1) day ban: The one-day ban is usually used upon the first substantial infringement of the TOU. It is the first step on the Account ban scale.
  • The three (3) day ban: The 3-day ban is usually used in cases of repeat offending. The 3-day ban will make you understand that you incur real risks by not complying with the TOU.
  • The seven (7) day ban: The 7 –day ban is usually used in cases of severe violations.
  • The fifteen (15) day ban: The 15-day ban is the most serious sanction before the final closure of the Account. When an Account is suspended for 15 days, you absolutely need to adopt an irreproachable conduct otherwise you risk being banned forever.
  • Definitive ban: The Account is permanently closed and you can no longer access it. This penalty is usually applied in cases of recurrence or of serious or unforgivable disregard for the TOU.
7.3 The Company reserves the right to impose any penalty on an Account, given the gravity of the violation, without first giving notice of or applying a penalty of shorter duration in advance. You agree that sanctions are final and you cannot in any way challenge the decisions taken by the Company.

7.4 The Company reserves the right to change Account names, the nickname, character names and guild names that do not comply with the rules set forth above and those that are deemed unsuitable by the Company. The Company may also temporarily or permanently suspend access to the Account or delete a guild, without compensation.

7.5 The Company reserves the right to suspend all your Accounts according to the gravity of the violation.

7.6 In addition to the penalties described above, the Company will take appropriate sanctions, including civil prosecution and criminal proceedings against the offender.

7.7 If the Company notices a behavior or suspect or abnormal operations on your Account, which can lead to a violation of the present Agreement, the Company reserves the right, to its sole discretion, to block your Account for the time needed to do verifications or investigations. The Company will decide at its sole discretion to give you a compensation or not if your Account is blocked.

7.8 If you have acquired, directly or indirectly, in-game items or money, in a fraudulent manner (notably through exploits, bots cheating technics, farming, or theft), the Company reserves the right to access your Account and delete all or part of your inventory.

Also, the Company reserves the right to modify all your characteristics (notably your level, ability points, spell level etc) if it turns out you have benefited of an exploit or of any other techniques allowing you to boost your characteristics in a fraudulent manner.

7.9 Except as otherwise provided in these TOU or through an exceptional arrangement with the Company, there will be no refund if the Account is cancelled before the end of the subscription period or if Ogrines are still available on the Account.
 

Article no. 8 : SUPPORT

8.1 The support website (https://support.ankama.com/hc/en-us) is the preferred means of access to the Company's customer support ("Support") for the Service.

8.2 The use of Support is via email or ticket. Requests by email are saved with an identifier called a "ticket number". The Company has discretionary power in the management of tickets and reserves the right not to respond.

8.3 You can also contact Support by:
  • Post to the following address: ANKAMA GAMES Support Client BP 60403 59057 Roubaix Cedex 1 FRANCE
  • Telephone on +33(0)3 20 36 36 09 (cost of a local call from within France) for all questions relating to subscription and after sales service
8.4 To contact Support, you must have an Account and be verified. The creation of tickets is limited for non-subscriber accounts.

8.5 In the case that you suspect any breach of security, including loss, theft or unauthorized use of your IDs or any other problem related to the security of your Account, you will immediately notify the Company via its Support team. The Company will then reset your password or your secret answer and offer solutions to improve the security of your Account. The Company may also block access to the Account in question, during the time take to investigate the issue. Following the investigation, the Company will settle the dispute at its sole discretion.
 

Article no. 9 : PERSONAL INFORMATION / PRIVACY POLICY

9.1 You reckon that you are allowed to communicate your personal information according to the laws of your country of residence.

9.2 Any personal information collected is stored on a computer database which allows us to contact you regarding your subscription and/or Ogrine orders, or, in a more general manner, to provide customer services, to verify your identity during correspondence with Support or to give you access to your Account.

According the Data Protection Act of January 6th, 1978, you are entitled to access and modify information about yourself. You can exercise this right through Support, http://support.ankama.com, or by post, ANKAMA - Infos Personnelles, 75 bd Armentieres, BP 60403, 59057 Roubaix Cedex 1, FRANCE, stating your first name(s), last name, e-mail and home address and providing proof of your identity.

You also have the right to oppose the storage of your personal information, if you have a legitimate reason for doing so.

9.3 Ankama may use service providers who will collect your personal data in the name of and on behalf of Ankama in order to perform the tasks required to carry out your order, deliver the products, process your payments and combat fraud. Ankama may also be required to securely disclose some of your data, including inter alia personal data, for the same purposes to these service providers.

The personal details you sent us may be shared with other Ankama subsidiaries in countries outside the European Union, particularly Brazil and Singapore.

Ankama may also share your personal details with third party service providers situated outside the European Union, particularly Canada and the USA.

These details are sent to recipients outside the European Union to build good customer relationships. Ankama has taken every necessary precaution to ensure that your personal details are sufficiently protected either under contractual clauses established by the European Commission, or because these transfers are carried out for an American company which complies with the Safe Harbor principles.

9.4 Except in cases foreseen by article 9.3, the Company commits to not communicate your personal information to any third party, and to make every effort to prevent the dissemination thereof, unless specifically authorized by you. The Company reserves the right to prosecute anyone attempting to access personal information that does not concern them.

9.5 The Company is under no obligation to provide information linked to a specific Account, even if requested by a user, except to competent authorities as part of a criminal investigation. You acknowledge and consent that Ankama may provide your electronic communications and data, including e-mails and chat logs if applicable, to such government authorities, without any liability to you or any third party. You hereby provide your consent to such actions.

9.6 The Company may have to collect information about your browsing habits via the use of cookies. You must accept these cookies if you want to access certain features of our websites (for more information about these cookies, please see our Privacy Policy).

9.7 The Company reserves the right to collect certain information about your computer (IP, ISP, configuration of hardware and software), notably when you install any game published by Ankama and in case of modifications made to your computer’s hardware. We can use this information for statistical purposes (notably, to improve game performance) and to aid bug management.

9.8 The Company also reserves the right to collect certain information based on your in-game activity (including the log and history of all data exchanges, connection log and history).

9.9 The Company may use this information as it sees fit, notably to improve the in-game experience and to ensure the terms of this Agreement are respected.

9.10 All information contained on the servers may be used by the Company to carry out any type of control for the purposes of prevention and sanction.

For more information about personal information protection, please read the Privacy Policy.
 

Article no. 10 : LIABILITY AND WARRANTY


10.1 Changes, disruptions or terminations of the Service


The Company provides the Service as the Service is published. The Company may then cease to publish the Service and permanently discontinue the Service. You will be notified in advance. The Company may also discontinue the Service in case of its closure.

Ankama may modify, suspend or restrict the Service at any time, for any reason, without liability to you. Ankama shall not be liable to you for cessation, interruption or delay in the Services due to any causes beyond their reasonable control including but not limited to: earthquake, flood, fire, storm or other natural disaster, epidemic, accident, explosion, casualty, act of God, act of terrorism, hacking, lockout, strike, labor controversy or threat thereof, riot, insurrection, civil disturbance or commotion, boycott, disruption of the public markets, war or armed conflict (whether or not officially declared), sabotage, act of a public enemy, embargo, delay of a common carrier, the inability to obtain sufficient material, supplies, labor, transportation, power or other essential commodity or service required in the conduct of its business, or any change in or the adoption of any law.

Further, the Service may be terminated or otherwise discontinued by Ankama without prior notice without any liability to you whatsoever. You acknowledge that the Service may experience interruptions, disruptions or other forms of downtime from time to time, for various reasons, and Ankama shall not be liable to you in any way as a result.


10.2 Disclaimer of Warranties


TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ACKNOWLEDGE AND AGREE THAT:
  • ANKAMA EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT;
  • THE SERVICE IS PROVIDED “AS IS”, WITHOUT ANY FURTHER WARRANTIES OF ANY KIND;
  • YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SERVICE. FOR MINOR USERS, THE RESPONSIBILITY RESTS WITH THEIR LEGAL REPRESENTATIVES ;
  • ANKAMA DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.


10.3 Limited Liability / Remedy


TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANKAMA AND/OR ITS AFFILIATES AND LICENSORS HAVE NO LIABILITY TO YOU WHATSOEVER, AND IN NO EVENT WILL ANKAMA AND/OR ANY OF ITS PARENT, SUBSIDIARY, OR AFFILIATED COMPANIES BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES), ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, YOUR USE OF THE SERVICE OR OTHER MATERIALS PROVIDED TO YOU BY ANKAMA, REGARDLESS OF THE LEGAL THEORY. UNDER NO CIRCUMSTANCES WILL ANKAMA BE LIABLE TO YOU FOR MORE THAN THE AMOUNT OF MONEY YOU HAVE SPENT THROUGH THE SERVICE, WHICH SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.

THE COMPANY SHALL NOT BE HELD RESPONSIBLE FOR LINKS FROM WEB PAGES OR OTHER SITES LEADING TO THE SERVICE, BUT NOT MANAGED BY THE COMPANY, OR ANY LINKS CONTAINED ON THE SERVICE LEADING TO WEB PAGES OR OTHER LOCATIONS MANAGED AND PUBLISHED BY OTHERS, WHERE THE THIRD PARTIES MANAGING AND EDITING THE CONTENT DO NOT COMPLY WITH FRENCH, EUROPEAN OR INTERNATIONAL REGULATIONS.

Some jurisdictions do not allow the exclusion or limitation of liability; limitations or exclusions may well not apply to you.
 

Article no. 11 : INTELLECTUAL PROPERTY / TRADEMARKS

11.1 All elements, features, tools and documents that are part of the Games universe and delivered by the Company (including, but not limited to, the Games, the Clients, the Updater, game characters, Kamas Ogrines, and any titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings or replays of Games and server software), as well as all brands contained therein are protected by French law and international copyright and intellectual property and belong to the Company and/or its partners. You cannot use these items without prior written permission of the Company.

11.2 Any information relating to the Service or Company’s websites is owned by the Company and is protected by French, European and international copyright law. You must therefore adhere to the prohibitions laid down in articles 5.2, 5.3 and 5.4.

You have no right, in whole or in part, to copy, reproduce, translate, retrieve, edit the source code, disassemble, decompile, modify, rent, sell, distribute or create derivative works based on the Games or content without the prior written consent of the Company. Reverse engineering is strictly prohibited.

11.3 Any trademarks appearing on the Service or Company’s websites are trademarks and/or registered by the Company. You cannot use these trademarks without prior written permission from the Company. You do not have permission to use Meta tags or any other "hidden text" utilizing names and trademarks of Company without prior written consent thereto.

Other marks appearing on the Service or the websites, which do not belong to the Company, belong to their respective owners.

11.4  Please read carefully: YOU ACQUIRE NO OWNERSHIP OR PROPERTY RIGHTS IN ANY CHARACTER OR OTHER IN-GAME VIRTUAL GOOD, AND ARE ONLY LICENSED TO USE SUCH CHARACTERS AND ASSETS ASSOCIATED WITH YOUR ANKAMA ACCOUNT SUBJECT TO THE CONDITIONS SET FORTH IN THE AGREEMENTS. YOU AGREE THAT YOUR ANKAMA ACCOUNT AND ANY VIRTUAL GOODS AND CHARACTERS DO NOT HAVE ANY MONETARY VALUE. ANKAMA MAY SUSPEND, TERMINATE, MODIFY, OR DELETE ANKAMA ACCOUNTS, CHARACTERS, VIRTUAL GOODS, OR THE SERVICE ALTOGETHER, AT ANY TIME FOR ANY REASON OR FOR NO REASON, WITH OR WITHOUT NOTICE OR LIABILITY TO YOU.
 

Article no. 12 : TERMINATION

12.1 This Agreement shall enter into force on the day of acceptance, and for the agreed term, unless either you or the Company terminates it before this time. Terminating the Agreement will cause the closure of your Account.

12.2 You may terminate this Agreement by closing your Account. To close your Account, you should contact the Support (“ANKAMA ACCOUNT” section).

It is accepted that if you terminate this Agreement, you can no longer access the Service.

12.3 The Company may, in turn, terminate your Account and consequently terminate this Agreement with or without prior warning or notice, if you do not comply with the rules set out in the TOU, the Terms of Use specific to a Game or a Forum and Terms and Conditions of Sale. No refund can be requested. The Company also reserves the right to take all necessary measures to cover the prejudice it will have suffered.

12.4 In all termination cases, you have to delete the Clients on your computer. You therefore cannot access the Service.
 

Article no. 13 : GENERAL

13.1 Affiliate companies: Throughout this Agreement, all references to Ankama shall include Ankama’s subsidiaries, affiliates, agents, employees and successors.

13.2 User Disputes: You shall be solely responsible for resolving any and all disputes that may arise between you and other players in connection with the Service, and for paying any and all expenses incurred by you in connection with resolving such dispute. Ankama shall not be responsible for mediating or resolving any such disputes and shall have no liability to you or to any third party for any costs, fees, expenses, damages or other losses incurred in connection with or as a result of any such disputes.

13.3 Severability: If any sentence or any provision of this Agreement is determined to be invalid or unenforceable, such sentence or provision will be deleted without prejudice to other provisions.

13.4 No Waiver: No Waiver by Ankama of any term, provision or condition of this Agreement shall be deemed to be or construed as a waiver of any other term, provision or condition of this Agreement. No Ankama customer service representative of any other personnel of Ankama who interacts with you is legally empowered to bind Ankama to any amendment or waiver of the terms of this Agreement.

13.5 Assignment: Ankama shall have the right to assign and/or delegate in its sole discretion its rights and obligations under this Agreement in whole or in part to a third party at any time without notice to players. Each player’s rights are personal to such player and may not be assigned.

13.6 Entire Agreement: This Agreement, including the documents expressly incorporated by reference herein, constitutes the entire understanding and agreement between the parties with respect to your use of the Service and supersedes any and all prior or contemporaneous oral or written communications with respect to the subject matter hereof, all of which are merged herein; provided, however, that this Agreement shall coexist with, and shall not supersede, Privacy Policy, Terms of Use specific to a Game or a Forum and Terms and conditions of sale.

13.7 Changes to this Agreement: Ankama reserves the right, at its sole discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement or the way that the Service operates at any time. Ankama will notify you of any such material changes in one of the following ways at its sole discretion: through email, website posting, pop-up screen or in-Service notice. If you do not agree to any such change or modification, you may terminate this Agreement by quitting the Service and deleting the Client and all related files. Your continued use of the Service following any revision to this Agreement will demonstrate your full acceptance of any and all such changes.

13.8 Choice of Law: These Terms of Use are subject to French law.

13.9 Survival: In the event of termination of this Agreement, articles 3.1, 5.2, 5.3, 5.4, 9, 10, 11 and 13 remain applicable.


BEFORE USING THE SERVICE, YOU MUST ACKNOWLEDGE YOU HAVE READ AND ACCEPTED THESE TERMS OF USE AS WELL AS OUR CONFIDENTIALITY POLICY.

Last update: October 2014