Age of Conan Unchained Terms of Service

Last Updated on May 24th, 2011

Age of Conan Unchained  is a game developed by Funcom Sales GmBH and operated by Funcom Sales GmBH, (“Funcom”), a Swiss company with principal offices at: Lavaterstrasse 45, 8002 Zurich Switzerland.  PLEASE READ THIS TERMS OF SERVICE AGREEMENT (THIS "AGREEMENT") CAREFULLY. BY CLICKING THE "ACCEPT" or “I AGREE”  BUTTON TO ENTER THE GAME OR BY PARTICIPATING IN Age of Conan  (THE "GAME") OR BY USING THE GAME WEBSITE (www.ageofconan.com)  (THE “SITE”), THE USER AGREES THAT THIS AGREEMENT IS ENFORCEABLE LEGALLY BINDING DOCUMENT.  IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THE AGREEMENT, CLICK ON THE BUTTON THAT INDICATES THAT YOU DO NOT AGREE TO ACCEPT THE TERMS OF THIS AGREEMENT AND DO NOT PARTICIPATE IN THE GAME, GAME SERVICES OR USE THE SITE.
These Terms of Service (the "TOS" or "Agreement") set forth the terms and conditions under which you are provided access to the Service by Funcom Sales GmBH. ("Age of Conan" or "we"). This Agreement does not supersede the End User License Agreement (the "EULA") that accompanies Funcom games (each a "Game"). The EULA governs your use of the Game client or software- and this Agreement governs your use of the Service.

  1. Grant of a Limited License to Use the Service. Subject to your agreement to and continuing compliance with the Terms of Service agreement, you may use the Service solely for your own non-commercial entertainment purposes by accessing it with a web browser or an authorized, unmodified Game client. You may not use the Service for any other purpose, or using any other method.
  2. Additional License Limitations. The license granted to you in Section 1 is subject to the limitations set forth in Sections 1 and 2 (collectively, the "License Limitations"). Any use of the Service or any Game in violation of the License Limitations will be regarded as an infringement of Age of Conan’ copyrights in and to the Service and/or Game. You agree that you will not, under any circumstances:
    1. Use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify the Service, any Game or any Game experience without the express consent of Funcom.
    2. Exploit the Service, a Game or any part thereof for any commercial purpose, including without limitation (a) use for monetary gain without the express written consent of Funcom Sales GmBH; (b) to communicate or facilitate any commercial advertisement or solicitation; (c) for gathering in-game currency, items or resources for sale outside the Game without Funcom’s authorization; or (d) performing in-game services in exchange for payment outside the Game, e.g., power-leveling;
    3. Host, provide or develop matchmaking services for any Game or the Service, or intercept, emulate or redirect the communication protocols used by Age of Conan in any way, for any purpose, including without limitation unauthorized play over the internet, network play, or as part of content aggregation networks;
    4. Facilitate, create or maintain any unauthorized connection to any Game or the Service, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Service or any Game; and (b) any connection using programs or tools not expressly approved by Funcom.
    5. Use any unauthorized third-party software that intercepts, "mines", or otherwise collects information from or through any Game or the Service, including without limitation any software that reads areas of RAM used by any Game or the Service to store information about a character or a Game environment. Modify or cause to be modified any files that are a part of any Game or the Service in any way not expressly authorized by Funcom Sales GmBH.
    6. Disrupt or assist in the disruption of (i) any computer used to support the Service or any Game environment (each a "Server"); or (ii) any other player's Game experience. ANY ATTEMPT BY YOU TO DISRUPT THE SERVICE OR UNDERMINE THE LEGITIMATE OPERATION OF ANY GAME MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
  3. Requirements. Before you can use the Service, you must: (i) agree to this TOS, the Privacy Policy and EULA for each of the Game(s) you will use with the Service, if applicable; (ii) purchase a valid license to use the Game(s) you will use with the Service, if applicable; and (iii) register an account on the Service (an "Account"). You are responsible for any internet connection fees that you incur when accessing the Service. Subject to the laws of your country of residence, minor children may play a Game using a parent or legal guardian's Account so long as the parent or legal guardian consents and accepts full responsibility for the conduct of the child. Parents are advised that the game is Unrated by software review boards and is intended for adults.
  4. Accessing the Service.
    1. Account Eligibility. You may establish an Account only if you are a "natural person" and and be legally of age to enter into such an agreement according to the laws of your country. By accepting this Agreement, you hereby represent and warrant that you meet these eligibility requirements.
    2. Character Names. You may not select a character name that is offensive, defamatory, vulgar, obscene, sexually explicit, racially, ethnically, or otherwise objectionable, or falsely indicative of an association with Funcom or Funcom Sales GmBH. Funcom may modify any name which, in the sole and exclusive judgment of Funcom, violates this provision without further notification to You, and may take further disciplinary measures, including account termination, for repeated violations.
    3. Establishing an Account. When creating or updating an Account on the Service, you are required to provide Funcom with certain personal information such as your name, address, phone number, email address and, in some cases, payment information. You agree that you will supply accurate and complete information to Funcom when requested, and that you will update that information promptly after it changes.
    4. Username and Password. During the Account creation process, you may be required to select a unique username and/or a password (collectively referred to hereunder as "Login Information"), and you may not share the Account or the Login Information with anyone other than as expressly set forth herein. You are responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Funcom support.
  5. Account Suspension/Cancelation. Funcom MAY SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS AT ANY TIME FOR ANY REASON OR FOR NO REASON, WITH OR WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT ANY AND ALL GAME ASSETS AND/OR ACCOUNTS MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON OR NO REASON AT ALL, INCLUDING, WITHOUT LIMITATION FOR ANY VIOLATION OF THE EULA OR THIS AGREEMENT, AT THE SOLE AND EXCLUSIVE DISCRETION OF FUNCOM. FUNCOM EXPRESSLY DISCLAIMS ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON SERVERS OPERATED BY FUNCOM, INCLUDING, WITHOUT LIMITATION, GAME ASSETS. YOU UNDERSTAND AND AGREE THAT FUNCOM HAS THE RIGHT TO REMOVE ANY GAME ASSETS IN WHOLE OR IN PART AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE AND WITHOUT LIABILITY OF ANY KIND TO YOU.

You may cancel any Account registered to you at any time by following the instructions on the Website.

  1. Funcom online Store
    1. Use of the Funcom online Store. The Store, which may be available through the Service, may offer (a) downloadable versions of Games that have been enabled for use on the Service ("Enabled Products"); (b) physical copies of the Enabled Products ("Box Product(s)"); and other goods or services ("Merchandise"). All purchases made through the Service are also subject to the terms and conditions of this Agreement.
    2. Funcom Store. To use the Store, you will be required to provide Funcom with certain personal information that will be associated with the Account. For details regarding the protection of your data, see the Privacy Policy.
    3. Terms of Sale.  Credits, in game currency or any product purchased through the online store are for entertainment purposes only and have no retail value.
  2. Updates.
    1. Agreements. Funcom will update this Agreement as the Service evolves. The next time you use the Service after such an update, you may be prompted to agree to or decline the revised Agreement. You must agree to all revisions if you choose to continue using the Service. Funcom may also revise other policies, at any time, and the new versions will be available on the Website. If at any point you do not agree to any portion of the then-current version of this Agreement, the Privacy Policy, EULA  or any  agreement relating to your use of the Service, you must immediately stop using the Service.
  3. Ownership.
    1. Game clients and Service. The Game clients and the Service (including without limitation 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 of games played using a Game client, and the Game client and server software) are copyrighted works owned  or licensed for use by  Funcom Sales GmBH and its licensors. Funcom Sales GmBH reserves all rights in connection with the Games and the Service, including without limitation the exclusive right to create derivative works. Any reproduction or redistribution of any Game not in accordance with any policy or agreement, including without limitation the Game EULA and the TOS, is expressly prohibited by law, and may result in severe civil and criminal penalties.
    2. Account. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF FUNCOM. You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift, or trade any Account, and any such attempt shall be null and void.
    3. Virtual Items. Funcom owns, has licensed, or otherwise has rights to all of the content that appears in the Service or the Games. You agree that you have no right or title in or to any such content, including without limitation the virtual goods or currency appearing or originating in any Game, or any other attributes associated with the Account or stored on the Service. Funcom does not recognize any purported transfers of virtual property executed outside of a Game, or the purported sale, gift or trade in the "real world" of anything that appears or originates in a Game, unless otherwise expressly authorized by Funcom in writing. Accordingly, you may not sell in-game items or currency for "real" money, or exchange those items or currency for value outside of a Game, without express written permission. Funcom shall not be liable in any manner for the destruction, deletion, modification, impairment, hacking of or any other damage OR LOSS of any kind CAUSED to ANY OF THE game assets, INCLUDING, BUT NOT LIMITED TO, DELETION OF game assets UPON THE TERMINATION OR EXPIRATION OF YOUR ACCOUNT.  The sale of Accounts and virtual items and transfer of these Accounts and virtual items between users may only be conducted via services provided by Funcom.
  4. Fees. You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. If you choose a recurring subscription for any Funcom Game, you acknowledge that payments will be processed automatically (e.g., debited from your account or charged to your credit card) until you cancel the subscription or the Account. Funcom may revise the pricing for the goods and services offered through the Service, including without limitation subscription plans for any Game, at any time. YOU ACKNOWLEDGE THAT FUNCOM IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE A REFUND FOR PREPAID TIME OR ITEMS WHEN THE ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
  5. RESTRICTIONS AND CONDITIONS OF USE
    1. No Violation of Laws. You agree that you will not, in connection with your use of a Game client or the Service, violate any applicable law or regulation.   You will not make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
    2. Misuse of Service. You may not connect to or use the Service in any way not expressly permitted by this Agreement. Without limiting the foregoing, you agree that you will not (a) institute, assist, or become involved in any type of attack, including without limitation denial of service attacks, upon the Service or otherwise attempt to disrupt the Service or any other person's use of the Service; or (b) attempt to gain unauthorized access to the Service, Accounts registered to other players, or the computer systems or networks connected to the Service.
    3. No Data Mining. You agree that you will not (a) obtain or attempt to obtain any information from the Service or any Game using any method not expressly permitted by Funcom; (b) intercept, examine or otherwise observe any proprietary communications protocol used by a client or the Service, whether through the use of a network analyzer, packet sniffer or other device; (c) use any third-party software to collect information from or through a Game client or the Service, including without limitation information about your character, any Account registered to you, virtual items, other players, or other Game data.
    4. User Content. "User Content" means any communications, images, sounds, and all the material and information that you upload or transmit through a Game client or the Service, or that other users upload or transmit, including without limitation any chat text. You hereby grant Funcom  a perpetual, irrevocable, worldwide, paid-up, non-exclusive, license, including the right to sublicense to third parties, and right to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice such User Content as well as all modified and derivative works thereof. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content.
    5. Content Screening and Disclosure. We do not, and cannot, pre-screen or monitor all User Content. However, our representatives may monitor and/or record your communications (including without limitation chat text) when you are using the Service or playing a Game, and you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications. We do not assume any responsibility or liability for User Content that is generated by users. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content. WE ALSO RESERVE THE RIGHT, AT ALL TIMES AND IN OUR SOLE DISCRETION, TO DISCLOSE ANY USER CONTENT AND OTHER INFORMATION (INCLUDING WITHOUT LIMITATION CHAT TEXT, VOICE COMMUNICATIONS, IP ADDRESSES, AND YOUR PERSONAL INFORMATION) FOR ANY REASON, including without limitation (a) to satisfy any applicable law, regulation, legal process or governmental request; (b) to enforce the terms of this or any other agreement Funcom policy; (c) to protect our legal rights and remedies; (d) where we feel someone's health or safety may be threatened; or (e) to report a crime or other offensive behavior.
  6. DISCLAIMER OF WARRANTIES. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. FUNCOM  DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME CLIENT OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
  7. LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY; INDEMNIFICATION
    1. FUNCOM IS NOT RESPONSIBLE FOR DAMAGES ARISING OUT OF YOUR USE OF THE SERVICE OR YOUR INABILITY TO USE THE SERVICE. IN NO CASE SHALL FUNCOM BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICE, ANY GAME OR ANY GAME CLIENT. IN NO CASE SHALL THE LIABILITY OF FUNCOM EXCEED THE AMOUNT THAT YOU PAID TO US DURING THE SIX (6) MONTHS PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of FUNCOM and its affiliates shall be limited to the fullest extent permitted by law.
    2. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH FUNCOM IS TO STOP USING THE SERVICE, AND TO CANCEL ALL ACCOUNTS REGISTERED TO YOU.
    3. You agree to indemnify, defend and hold Funcom, subsidiaries, parent companies and partners harmless from any claim, demand, damages or other losses, including reasonable attorneys' fees, asserted by any third-party resulting from or arising out of your use of the Service or any Game, or any breach by you of this Agreement, the Privacy Policy and the Game EULA.
  8. DISPUTE RESOLUTION AND GOVERNING LAW.
    1. Disputes can be expensive and time consuming for both parties. In an effort to accelerate resolution and reduce the cost of any dispute, controversy or claim related to these Terms of  Service ("Dispute"), you and Funcom agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Negotiations will begin upon written notice. Funcom will notify you through contact information you provided at registration. You will send your notice to Lavaterstrasse 45, 8002 Zurich Switzerland, ATTN: LEGAL and by email to legal@funcom.com.
    2. Restrictions. You and Funcom  agree that any arbitration shall be limited to the Dispute between Funcom and you individually. ACKNOWLEDGE AND AGREE THAT (1) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER; (2) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (3) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS.
    3. Any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction within Zurich, Switzerland and you and Funcom  agree to submit to the personal jurisdiction of that court.
    4. Binding Arbitration. If the parties are unable to resolve a Dispute through negotiations, either you or Funcom may elect to have the Dispute (with the exception of those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available that the AAA website www.adr.org..
    5. Governing Law. Except as expressly provided otherwise, this Agreement shall be is governed by, and will be construed under, the Laws of the United States of America and the laws of Switzerland, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
    6. Severability. You and Funcom agree that if any portion of this agreement is found illegal or unenforceable that portion shall be severed and the remainder of the Section shall be given full force and effect.
  9. Third Party Advertising   Funcom games and the Service may incorporate technology from 3rd parties that enables in-game advertising, and the display of other similar in-game objects, which are downloaded temporarily to your personal computer and replaced during online game play. As part of this process, Funcom may collect some information about the game and the advertisements delivered to you, as well as standard information that are sent when your personal computer or game console connects to the Internet including your Internet protocol (IP) address. Funcom and 3rd party partners may use this information to transmit and measure in-game advertising, as well as to improve the products and services offered. None of the information collected by Funcom will be used to identify you personally. The trademarks and copyrighted material contained in all in-game advertising are the property of the respective owners.
  10. GENERAL
    1. TOS Revisions. The TOS may only be revised in a writing published by Funcom on its website.
    2. Assignment. Funcom may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the TOS and any unauthorized assignment by you shall be null and void.
    3. Severability. If any part of this Agreement is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the Agreement shall be given full force and effect.
    4. Attorneys' Fees. In the event any litigation is brought by either party in connection with the TOS, the prevailing party in such litigation shall be entitled to recover from the other party all the reasonable costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.
    5. Entire Agreement. This TOS, including the documents expressly incorporated by reference herein, constitutes the entire agreement between you and us with respect to the Service and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Service; provided, however, that this Agreement shall coexist with, and shall not supersede, Game EULAs and Privacy policies for individual games published by Funcom.
    6. Equitable Remedies. You hereby agree that Funcom would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of the TOS, in addition to such other remedies as we may otherwise have available to us under applicable laws.
    7. Force Majeure. Funcom shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Funcom, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Funcom’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
    8. Notices. All notices given by you or required under the TOS shall be in writing and addressed to: Funcom Sales GmBH, Lavaterstrasse 45, 8002 Zurich Switzerland., ATTN: Legal Department.