These are the Amber (Isle of Man) Limited's website terms and conditions. These terms and conditions were last updated on 29th April 2020.
1. Who We are and How to Contact Us
ambergaming.com is a website operated by Amber (“we” or “us” or “our”). We are registered in the Isle of Man under company registration number 012691V and have our registered office situated at Clinch’s House, Lord street, Douglas, Isle of Man, IM99 1RZ.
By using our website,you confirm that you accept these Terms and Conditions and that you agree to comply with them at all times. If you do not agree with these Terms and Conditions, you must not use our website.
We recommend that you print a copy of these Terms and Conditions for future reference.
2. User Obligations
Use of our website constitutes your acknowledgement and acceptance of these Terms and Conditions, which take effect on the date which you first use our website and each occasion thereafter.
By accessing, or using the materials from our website, you agree on your own behalf and on behalf of each entity and person on whose behalf you act to abide by these Terms and Conditions.
If these Terms and Conditions are not accepted in full, you do not have permission to access the contents of our website and therefore you should cease using our website immediately.
The use of our website and/or links to our website must only be for lawful purposes, in a manner which does not infringe the rights of or restrict or inhibit the use and enjoyment of our website by any third party. Such restriction or inhibition includes, but is not limited to, conduct which is defamatory, or which may harass, cause distress or inconvenience to any person and the transmission of obscene or offensive content or interruption of the normal flow of dialogue within our website.
All information included on our website and/or links to our website is/or are intended for information purposes only and does not represent legal advice. Users are hereby placed under notice that they should take such appropriate steps to verify such information. No user should act or refrain from acting on the information contained in our website without first verifying the information and as necessary obtaining legal and/or professional advice.
We make no representations or warranties whatsoever as to the accuracy of the information contained within our website. Furthermore, we do not warrant that the functions contained in the material on our website will be uninterrupted or error free, that defects will be corrected, or that this site or the servers that make it available are free of viruses or represent the full functionality, accuracy or reliability of the materials.
4. Prohibited Uses
You may only use our website for lawful purposes. You may not use our website:
In any way that breaches any applicable local, national or international law or regulation;
In any way that is unlawful, fraudulent, or has any unlawful or fraudulent purpose or effect;
For the purpose of harming or attempting to harm any person or people (irrespective of age);
To send, knowingly receive, upload, download, use or re-use any material which does not comply with our contents standards (detailed within the ‘Content Standards’ section);
Transmit or procure the sending of any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); and/or
To transmit any data, send or upload any material that contains viruses, trojan horses, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
Not to reproduce, duplicate, copy or re-sell any part of our website in contravention of these Terms and Conditions;
Not to access without authority, interfere with, damage or disrupt:
Any part of our website;
Any equipment or network on which our website is stored;
Any software used in the provision of our website; and/or
Any equipment or network or software owned or used by any third-party.
5. Interactive Services
We may at our absolute discretion from time-to-time provide interactive services on our website, such as (but not limited to) bulletin boards and/or chat rooms.
Where we provide any interactive services, we will provide clear information to you about the kind of service or services offered, whether it is moderated, and what form that moderation shall take (whether human or technical).
We shall endeavour to do our best to assess any and all possible risks for users (and in particular in relation to minors) from third-parties when they use any interactive service available through our website and we shall decide in each case at our absolute discretion whether (in each case) it is appropriate to use moderation of the relevant service (including what kind of moderation to use) appropriate to those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service that we provide on our website and we expressly exclude (as far as is permitted by law) our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether or not the service is moderated.
The use of any of our interactive service or services by a minor is subject to the consent of their parent or guardian. We recommend to parents or guardians who permit their child or children to use an interactive service that they communicate with their child or children about their safety online, moderation is not fool proof.
Minors who are using any interactive services should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should you have any difficulties or concerns you wish to raise.
6. Content Standards
The content standards contained within this section apply to any and all material which you contribute to our website (a “Contribution”), and to any interactive services you may receive associated with it.
These content standards must be complied with in the spirit of their intentions as well as to the letter of their terms. The standards detailed within this section apply to each and every part of all Contributions as well as to its whole. We shall determine in our absolute discretion whether a Contribution breaches our content standards.
A Contribution must comply with the following:
where it states facts, be accurate;
where it states opinions, be genuinely held; and/or
comply with the laws of the Isle of Man and in any country (or similar) from which it is posted.
A Contribution must not:
Be unsolicited “nuisance” in nature;
Be defamatory in nature;
Be obscene, offensive, hateful or inflammatory;
Promote sexually explicit material;
Promote discrimination, extremism or radicalisation of any kind;
Infringe the intellectual property or privacy rights of ours or a third-party;
Infringe any copyright, database right or trademark of ours or any third-party;
Be likely to deceive any person or persons;
Breach any legal or regulatory duty owed to us or any third-parties, such as a contractual duty or a duty of confidence;
Introduce data-inception, password-detecting or similar software;
Promote any illegal activity;
Seek to gain unauthorised access to any restricted areas of our website;
Carry out any kind of hacking activities;
Be in contempt of court;
Be threatening, abusive, invasive, or cause annoyance, inconvenience or needless anxiety;
Be likely to harass, embarrass, upset, alarm, bully, victimise, or annoy any other person;
Intentionally or recklessly introduce any form of spyware, computer virus or other potentially malicious software;
Impersonate any person, or misrepresent your identity or affiliation with any person;
Give the impression that the Contribution originates from us when this is not the case;
Advocate, promote, incite any party to commit, or assist with any unlawful or criminal act such as for example: computer misuse or copyright infringement;
Contain any statement which you know or believe, or have reasonable grounds to suspect that members of the public to who the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of crime or terrorism; and
Contain any advertising or promotional material in relation to any service or services or weblinks to other websites.
7. Changes to Terms
We reserve the right to amend, revoke and/or modify these Terms and Conditions at any time by posting changes on our website.
It is your responsibility to refer and to comply with these Terms and Conditions upon each time of accessing our website.
Your continued use of our website after changes are posted constitutes your continued acceptance of these Terms and Conditions as revoked, modified and/or amended.
Notwithstanding the above, we reserve the right to correct any errors or omissions in any part of the website at any time without notice.
8. Suspension and Withdrawal
Our website is made available free of charge.
We do not guarantee that our website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our website for business and/or operational reasons.
You are responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms and Conditions and other applicable terms and conditions, and that they comply with them.
9. Disclaimers/Limited Liability
The information and other materials included on our website may contain inaccuracies and typographical errors. We do not warrant the accuracy or completeness of the information and materials or the reliability of any statement or other information displayed or distributed through our website (including without limitation, the information provided through the use of any software).
You acknowledge that any reliance on any such statement or other information on our website shall be at your sole risk.
We expressly disclaim all liability for any direct, indirect or consequential loss or damage occasioned from the use or inability to use our website whether directly or indirectly resulting from inaccuracies, defects, errors, whether typographical or otherwise, omissions, out of date information or otherwise, even if such loss was reasonably foreseeable. Consequential and indirect loss and damage shall include but not be limited to loss of profit, loss of goodwill, and wasted expenditure.
We make all reasonable attempts to check and test material at all stages of production, and to exclude viruses from our website. It is always wise for you to run an up to date anti - virus program on all the material downloaded from the internet.
By accessing our website, you agree that material downloaded or otherwise accessed through the use of our website is obtained entirely at your own risk and then you will be entirely responsible for any resulting damage or disruption to your data, software or computer systems or any resulting loss of data, even if such loss and damage was reasonably foreseeable and that we had been advised of the possibility of the same.
We do not accept any liability in connection with any third-party websites that can be accessed through our website and do not endorse or approve the contents of any such website.
If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the validity of the remaining provisions shall remain in full force and effect.
Our omission to exercise any right or rights under these Terms and Conditions shall not constitute a waiver of any such right or rights unless expressly accepted by us in writing.
The content on our website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our website.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
10. Copyright and Intellectual Property
We are the owner or the licensee of all intellectual property rights on our website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our website for your personal use and you may draw the attention of others within your organisation to content posted on our website.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our website must always be acknowledged.
You must not use any part of the content on our website for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our website in breach of these Terms and Conditions, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
11. Rules about Linking Websites
Where our website contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those said websites or resources.
Our website may include information and materials uploaded by other users of the website. This information and these materials have not been verified or approved by us. The views expressed by other users on our website do not represent our views or values.
If you wish to complain about information and materials uploaded by other users, please contact us on the contacts details above.
12. Loss and/or Damage
Whether you are a consumer or a business user:
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
We exclude all implied conditions, warranties, representations or other terms that may apply to our website or any content on it.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
use of, or inability to use, our website; or
use of or reliance on any content displayed on our website.
In particular, we will not be liable for:
loss of profits, sales, business, or revenue;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.
If you are a consumer user:
Please note that we only provide our website for domestic and private use. You agree not to use our website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
13. Breach of this Policy
Failure to comply with these Terms and Conditions constitutes a material breach and may result in our taking any of the following actions:
Withdraw or remove any material uploaded by you in contravention of these Terms and Conditions;
Immediate, temporary or permanent withdrawal of your right to use our website;
Immediate, temporary or permanent removal of any Contribution uploaded by you to our website;
The issuing of a warning to you;
Legal proceedings against you for any reimbursement of all damages and costs (on an indemnity basis) including but not limited to reasonable administrative and legal cost, resulting; whether directly or indirectly, from your breach;
Any required further legal action against you; or
Disclosure of such information to law enforcement authorities as we consider reasonable in the circumstances or necessarily required by law.
If you breach these Terms and Conditions (such breach to be determined by us) we shall take such action as we deem appropriate in the circumstances.
We exclude our liability to the fullest permitted by law for all action we may take in response to breaches of these Terms and Conditions. The actions we may take are not limited to those described above and we may take such further action or actions that we in our reasonable discretion deem appropriate.
14. Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the law of the Isle of Man and the user and we agree to submit any dispute arising out of the use of our website to the exclusive jurisdiction of the Isle of Man courts.