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1.1 The company Ankama Games (the «Company») offers the game DOFUS (the «Game» or «DOFUS») on the website http://www.dofus.com
1.2 The use of the online service that provides access to the Game (the " Service ") and the use of the Game are governed by these Terms of Use (the " TOU " or the " Agreement ").
1.3 As such, the TOU determine the framework of contractual relations between you and the Company.
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 reside or, if you are a minor, have obtained permission from your legal representative (parent or guardian) to access the Service.
2.2 You agree to follow the terms of the TOU and the End User License Agreement (" EULA ").
2.3 Any use of DOFUS not in accordance with the TOU and/or the EULA is prohibited.
2.4 Ticking the box "I accept all rules herein" constitutes your acceptance of all of the rules below. In case of disagreement with these provisions, you are advised to uninstall the program.
3.1 As the game 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 The Company only grants you a limited, nonexclusive, non-transferable licence and use of the Service and its contents.
This license is subject to compliance with the rules laid down by these TOU and the EULA.
3.3 To access the Service, you must create an Ankama account ("Account") at https://secure.dofus.com/fr/creer-un-compte.
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.
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 - Username - Sex - Year of birth - Country of residence.
4.1.5 Account management and managing personal information takes place solely on https://secure.ankama.com/fr/identification.
4.1.6 The Account name (or login) and the password will allow you to access the Service and the forums.
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 - Connections to the Account (times, country, ISP, ban on proxies) must correspond to a normal use of a player Account
4.1.8 Upon certification of your account, that is to say from the time of your first subscription, you will be asked for additional information
- Salutation
- First and Last names
- Mailing address
- Secret question
- Secret answer
If any of your information changes, such as postal address or email address, you must notify the Company
4.2.1 Common rules The account 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 DOFUS 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. You agree to abide by these rules when creating a username, character names and guild names.
4.2.2 Special rules - The account name is not visible to other players. - The username is different from the account name and is visible on the forums and in-game. The Account holder is known to other users by their username. The username identifies you as a person. - The character's name is complementary to the username. It is visible to other users. The character name corresponds to the role that you play in-game. - The guild name is visible in-game by other players.
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 is 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 8; - 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.
5.1 DOFUS being a game, you are held liable to respect the rules of conduct, particularly to preserve the gaming experience of others.
5.2 You agree not to insult, threaten other users or employees of the Company or to make racist, offensive, abusive, discriminatory remarks or remarks contrary to French, European or international law.
5.3 You also agree not to send spam, "flood" messages or commercial offers of any kind to other users; not to cheat, steal accounts, characters or objects on an account or attempt to do so; not to threaten, embarrass or harass other users by any means whatsoever; not to make available to other users any personal information about yourself or another user nor to collect information in DOFUS.
5.4 Your written public communications can be recorded, analyzed, or erased by the Company so that it can ensure your communications comply with legislation.
5.5 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.
5.6 You agree not to use proxy servers (also called proxies) to connect to and/or use the Service and/or the Game.
5.7 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 game, forum or any other service.
5.8 You acknowledge that the Account and all DOFUS content 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 Game. 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.
6.1 You acknowledge that cheating, hacking and software not authorised by the Company have the effect of distorting the Game. You are therefore not to create or use cheats / hacks, information gathering programs, scripts or macros to automate actions like "bots", packet-sniffing or any other program not authorized by the Company.
6.2 You acknowledge that using hacking tools on other clients or DOFUS servers is prohibited.
6.3 You do not have the right to change the game (except through the application of Game updates).
6.4 You acknowledge that the use of other techniques to connect to the game than the official client provided by the Company is prohibited.
6.5 You agree not to host DOFUS servers or to participate, organize or be involved in an attack against the Company's servers.
6.6 You agree not to spy on or intercept any communications protocols that the Company uses, or use an interceptor on the data or protocol.
6.7 You may not use the Service in any manner that could render it inaccessible, damaged or inoperable.
6.8 The use of the Game or the Service must not violate the regulations or national and international laws.
7.1 The Company will not disclose your information to third parties and will 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.
7.2 As a user, and under current legislation, you alone are entitled to access, modify and delete your personal information. 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, last name, e-mail and home address and proof of your identity.
8.1 In case of violation of one or more provisions of these TOU, of the Support Charter, of the EULA, the DOFUS 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 Game.
The penalties 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 rules of Dofus. The one (1) day ban: The one-day ban is usually used upon the first substantial infringement of the rules of Dofus. 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 rules of DOFUS. The seven (7) day ban: The one-week ban is the most serious sanction before the final closure of the Account. It is generally applied in cases of very serious misconduct. When an account is suspended for 7 days, you must absolutely and finally adopt impeccable behaviour under threat of being banned permanently. 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 rules of DOFUS.
8.3 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.
8.4 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.
8.5 In addition to the penalties described above, the Company will take appropriate sanctions, including civil prosecution and criminal proceedings against the offender.
8.6 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.
9.1 The support website (http://support.ankama.com) is the preferred means of access to the Company's customer support ("Support") for the Service.
9.2 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.
9.3 You can also contact Support by: - Mail 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
9.4 To contact Support, you must have an Account and be verified. The creation of tickets is limited for non-subscriber accounts.
9.5 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.
10.1 The Company will make every effort to ensure the smooth operation of the Service and provide the Service 24 hours a day, 7 days a week.
10.2 Although the Company will take due care to ensure access and use of the Service, the Company cannot guarantee that the functions offered by the Service will always be available or will be free of typographical, technical or other errors, that these defects will be corrected or that the Services or servers that it hosts will be free of viruses or bugs.
10.3 For reasons of maintenance, testing, repair or any other reasons related to the improvement and operation of the Service, the Service may be interrupted temporarily by the Company without liability. Any compensation will depend on the goodwill of the Company.
10.4 The liability of the Company shall not be incurred in cases of force majeure as provided by law.
10.5 The Company provides the Service while the Game is still published. The Company may then cease to publish the Game and permanently discontinue the Service. You will be notified in advance. The Company may also discontinue the Service in case of its closure.
10.6 Unless otherwise provided for in law or conditions expressly provided between the Company and yourself, you acknowledge and agree that: - The Service, the Game, the Site and their contents are provided "as is" - The use thereof is at your own risk. For minor users, the responsibility rests with their legal representatives. - The Company disclaims all liability for use of the Service not in accordance with these TOU. It would not be liable for damages, direct or indirect loss of data or profits, which could occur due to the use or non-use of the Service, negligent or otherwise associated with the Service. - Any communication between you and the Company, whether oral or written, cannot lead to a guarantee not provided by the TOU. - The Company shall not be held responsible for your errors or omissions. - The Company shall in no case be compelled to refund any monies whatsoever for failure;
10.7 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.
10.8 Some jurisdictions do not allow the exclusion or limitation of warranties; limitations or exclusions mentioned may well not apply to you. No information or statement received by you from the Company, orally or in writing, alters this disclaimer of warranty or allow you to receive a guarantee.
11.1 All elements, features, tools and documents that are part of the DOFUS universe and delivered by the Company (including, but not limited to, the Game, the Client, the Updater, game characters, game accounts, Kamas, game items, graphics, logos, music, software, servers, etc..), 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 Game Service or Site 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 Article 6.
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 Game or content without the prior written consent of the Company. Reverse engineering is strictly prohibited.
11.3 Any trademarks appearing on the Site or the Game Website 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 Site or the Game, which do not belong to the Company belong to their respective owners.
11.4 Any improper use terminates the permission or license granted by the Company.
12.1 The Company reserves the right to edit, add and/or delete certain rules laid down by the TOU. The Company will do its utmost to notify you in advance in this instance.
12.2 You understand that by using the Game having being informed of modifications, additions and/or deletions you accept these changes, additions and/or deletions.
12.3 The Company reserves the right to make updates and changes to the Client, Service and Game (the "Updater") in order to improve the gaming experience. To ensure that these updates and changes are effective and that you can continue to play the Game, you hereby agree to install this Updater.
13.1 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.
13.2 You may terminate this Agreement for any legitimate reason (provided by law, regulation or court decision).
You must then send a notice, the termination of the agreement to the following address: ANKAMA SUPPORT - Termination - BP60403 - 59057 Roubaix Cedex 1, France. You can request that the Company delete your account and your personal information.
It is accepted that if you terminate this Agreement, you can no longer access the Service, or the content of DOFUS. The Company will then offer compensation for any outstanding subscriptions.
13.3 The Company may, in turn, terminate this Agreement with or without prior warning or notice, if you do not comply with the rules set out in the TOU, the CCM, the Support Charter or EULA. No refund can be requested.
14.1 For statistical purposes, the Company may be required to collect navigation information through the use of cookies. Acceptance of these cookies is required to purchase any subscription.
14.2 The Company reserves the right to collect certain information: - Related to your computer (IP, ISP, hardware configuration, software configuration) - Related to the game (historical log of all trades, data log and connection history).
14.3 The Company may use this information for any purpose, including improving the gaming experience or monitoring compliance with the terms of this Agreement.
14.4 All information contained on the servers can be used by the Company to perform tasks related to prevention and punishment.
15.1 The Company may offer subscriptions for the Service on the Payment Website. Subscriptions are payable in advance and NOT SUBJECT TO ANY REFUND, even when not in use, unless otherwise provided for by this Agreement. The Company is not responsible for errors or omissions on the part of the user.
15.2 You can check the status of your subscription(s) in the Account Management section of the site.
15.3 The subscription starts at the very moment it is activated on the Company's servers. If the payment is made instantly (i.e. Credit Card, Audio Codes or similar), the activation is immediate. In all other cases, the subscription will be activated once the payment is received.
Unless otherwise specified, the duration of subscriptions is calculated as follows: 1 week = 7 days 1 month = 30 days 1 year = 12 months = 12 x 30 days = 360 days In the special case of micropayments (such as Audio Codes, Prepaid cards, etc.), the duration is calculated as follows: 1 week = 7 days 1 month = 4 x 7 days = 28 days 1 year = 12 x 4 x 7 days = 12 x 28 days = 336 days
15.5 The subscription shall end when the term of the subscription chosen by the user comes to an end.
15.6 The price of subscription depends on the duration of the subscription, the payment method selected and your country of residence (availability of means of payment may vary depending on your country of residence)
15.7 In accordance with Article L121-20-2 of the Consumer Code, you do not have the right of withdrawal provided for in Article L121-20 of the Code in respect of subscriptions for games whose execution has started before the expiration of seven clear days. Subscriptions are deemed to have started when you connect to the game or have distributed the gift associated with the subscription and/or used the lottery token. Similarly, for the services Audiotel and Mistercash, as pursuant to Article L121-20-2 of the Consumer Code, you do not have the right of withdrawal provided for in Article L121-20 of the Code in respect to services whose use has begun before the expiration of seven clear days. Audiotel and Mistercash, are snapshot services deemed to be utilized as soon as they are validated.
16.1 You can purchase one subscription by any means of payment offered. Without exception, the rates are set in Euros and include VAT (all taxes included). They do not reflect the exchange rate and any fees associated with a particular payment method.
16.2 The Company may at any time amend its tariffs. However, if payment is made by a not-instantaneous means (e.g., cheque) the applicable rate will be the rate on the day you created your payment in the case where the payment is fully validated within 5 business days.
16.3 You acknowledge that any payments you make on the Site for yourself or for someone you represent, are carried out with the permission of the owner of the means of payment, otherwise the rules laid down in Article 16.5 apply.
16.4 The Company offers various payment methods including some run by third party companies involved solely for the purposes of payment. For example, the Company will not be held liable if a problem occurs as described in Article 16.6.
16.5 You acknowledge and agree that the Company is not responsible for fraudulent payments made on the Site, regardless of the means of payment. If it is found that you have made a fraudulent payment, that is to say without the consent of the owner of the means of payment, the Company reserves the right to ban your account and initiate legal proceedings against you. Similarly, if you release your login information to a third party who proceeds to make a fraudulent payment, the Company may then take the same action against you.
16.6 You are reminded that any person using Audiotel's services is deemed to have a fixed telephone line or mobile phone subscription (hereinafter the "Subscriber") used to obtain AlloPass or is deemed to have obtained the agreement of the proprietor of any equipment used. AlloPass and SMS (Short Message Service) are not provided by the Company, but by a third-party company. Premium-rate calls and SMS made from telephone and mobile phone by the subscriber in order to obtain AlloPasses are charged by the telephone operator. The Company cannot be held responsible for any use made of the telephone or mobile phone of the Subscriber nor of any charges arising from it. In case of unauthorized use or piracy of a telephone or mobile phone, the Subscriber must seek restitution from its operator. Pursuant to several decisions of French courts, it is recalled that "The Subscriber is responsible for the use of all telephones or subscriptions owned by them."
17.1 These TOU are governed and construed in accordance with French law, except where terms are more favourable under the laws of your country of residence.
17.2 If any conditions or terms of this agreement are deemed illegal, invalid or unenforceable under a national law, such term or terms will be deleted without prejudice to other provisions.
I accept all rules herein