1.1. The following terms regulate the use of the online-games and additional range of services provided by Amber Games on the Amber Games internet pages.
1.2. Amber Games offers online games within the framework of its technical and operational capabilities with an average annual availability of 99.0%. This does not include periods of time during which the use of online games offerings are interrupted or affected due to compelling technical reasons or because of required maintenance work without Amber Games having to provide compensation in accordance with the provisions of this agreement.
1.3. The online games are continually developed, updated and adjusted further. The user has only the opportunity to take part in the respective online game in their respective version provided at a time.
1.4. Online games offered by Amber Games are intended solely for the purpose of entertainment. The use for business or commercial purposes is prohibited.
1.5. The user him/herself is responsible for the timeliness and appropriateness of its software and hardware.
1.7. At various online games, the user has the opportunity to use services of contractors of Amber Games. In this case, a separate contract between the user and the respective contractor of Amber Games applies. The user is informed appropriately prior to conclusion of the contract.
2 Conclusion of Contract
2.1. Registration of the user is a prerequisite for the use of online games and other services offered by Amber Games.
2.2. Only individuals are permitted to register, and only individual persons (not groups, families, live-in partners, etc.) are admitted as users. Minors require the permission of their parents in order to register for the game. Registration is only permitted to those who are a minimum of 12 years old. Parents can contact us by firstname.lastname@example.org
2.3. At registration, the user has to provide a Username, Password and E-mail address. The user is not entitled to receive a particular player name. The player name may not infringe rights of third parties and may also not offend common decency. Web address cannot be chosen as the player name. The user shall ensure that the information provided to Amber Games at registration is true and complete.
2.4. The registration is carried out personally. Registration through third parties, especially a third party that registers individual people at several tele-service providers (registration services and/or entry services) is not permitted.
2.5. With the successful registration, the user opens an account ("user account") which the user manages independently. The user may open a user account on both the Amber Games game portal page as well as on the online game site. The user account created on the Amber Games game portal may be used by the user for all online games linked by Amber Games to the Amber Games game portal. Conversely, a user account created on an online gaming site is not available for other online games.
2.6. Without the explicit consent of Amber Games, the user account is not transferable.
3 General obligations of the user
3.1 Log-in data, identification, passwords
3.1.1. The user is obliged to keep log-in data and all identification and passwords strictly confidential. The user may enter log-in data only on Amber Games operated Internet pages.
3.1.2. The term “log-in data” and “identification and passwords” includes all letter and/or character and/or number sequences, used to authenticate the user and to exclude use by an unauthorized third party. The password should not be identical with the player name and it should consist of a combination of numbers and letters.
3.1.3. The user is obliged to protect all log-in data, identifications and passwords from unauthorized access of third parties.
3.1.4. In the event that the user has reason to believe that third parties have obtained this information, or could have, he/she shall inform Amber Games immediately and change his/her data or have it changed by Amber Games. In this case or in the event that Amber Games has evidence of misuse of data, Amber Games has the right to block the access of the user temporarily. The user shall be permitted again the use as soon as the suspicion of misuse of data has been removed.
3.1.5. The user is under no circumstances entitled to use the log-in data of another user, unless the rules of the game provide specific exceptions.
3.2 Use of Amber Games Internet pages and content of Internet pages
3.2.2. The term "content" includes all data, images, text, graphics, music, sounds, sound sequences, videos, software programs and codes, and other information, provided by Amber Games on its Internet pages. The term "content" includes also all available service offerings for downloading.
3.2.3. The user is obliged to abstain from any measure which may compromise or interrupt the proper functioning of Amber Games Internet sites or individual services, as well as from accessing data to which the user is not entitled to. The retrieval of the contents may only take place in a manner such that the use of Amber Games Internet sites and contents through other users is not affected. The transfer of data or software that can influence hardware or software from recipients is not permitted.
3.2.4. Any use of Amber Games Internet sites for commercial purposes, especially advertisement, requires the express prior written consent of Amber Games.
3.2.5. The user is not entitled to publish content on the Amber Games Internet pages.
3.2.6. The use of Amber Games Internet sites through an anonymization service that is hiding the true IP address of the user is not permitted.
It is permitted to establish a link to the websites of Amber Games to the extent that it only serves as a cross reference. Amber Games reserves the right to revoke this permission. However, it is not allowed to include or present Amber Games Internet sites or their content via a hyperlink in a partial window (frame).
3.4. Use of client software
In cases of a service, which requires the prior installation of a client software, Amber Games grants the user the non-exclusive right to download and use the client software during the validity of the registration. A duplication of the client software is only permitted to such extent as is required for a use as permitted by this contract. Any form of commercial use of the software is strictly prohibited.
Any change of the client software as well as retranslation of the entrusted program codes into another code form (decompilation) as well as other ways of reversing manufacture levels of the software (reverse-engineering) are prohibited, unless permitted by law.
4 Specific terms for the use of online games
4.1. The user is only allowed to use one account per game round (on same server), unless the game rules explicitly state otherwise. The use of several user accounts is not permitted. Such multi-user accounts can be deleted or banned by Amber Games at any time and in its sole discretion.
4.2. The user is prohibited from any form of manipulative interference in the online game. In particular, the user is not entitled to use measures, mechanisms or software that could interfere with the function or the course of the game. The user may not take measures that may cause an unreasonable or excessive burden on the technical capacity. The user is not allowed to block, to rewrite or to modify contents generated by the game administration or to interfere in any other manner with the game.
4.3. The user is also prohibited from running the online game (including all individual web pages) with other programs besides the Internet browser or the client program that has been provided. This refers in particular to so-called bots and other tools meant to replace or supplement the Web interface. Also prohibited are scripts and completely or partially automated programs that provide the user with an advantage over other users. This includes auto-refresh-functions and other integrated mechanisms of the Internet browser, if it includes automated operations.
4.4. The user may under no circumstances
a) create or use cheats, mods and/or hacks, and any other third party software products that may change the result of the online games,
b) use software, that allows "data mining" or otherwise intercepts or collects information in connection with the online games,
c) use outside of online games, buy for "real" money or sell or swap virtual objects that are used in online games.
This includes all evasions, similar actions or actions that match in their effect the aforementioned bans.
4.5. Log-in is only permitted on the homepage of each online game and the Amber Games game site, or authorized partner or provided Social network.
5 Specific conditions for the use of communication facilities (particularly discussion forums, chat, comments) on the Amber Games websites
5.1. Amber Games may provide the user different communication facilities (especially discussion forums, chats, blogs, guest books, etc. as well as within a commentary function) for own content and entries on the Amber Games internet pages, which may be used as available. Amber Games only provides users with the technical environment for the exchange of information. However, users do not have a right to claim such communication facilities.
5.2. The user assumes responsibility for his/her contents and contributions and commits to release Amber Games entirely of any third- party claims or lawsuits. Amber Games explicitly does not claim the content entered by users. However, the user provides Amber Games with the permanent, irrevocable, non-exclusive right to use the content and contributions posted by him/her. Amber Games points out that Amber Games has no active monitoring system of the content posted. However, random audits are performed instead. In addition, each user has the option to inform Amber Games of suspected illegal content. Amber Games will then respond as quickly as possible and edit or delete reported contents, as necessary.
5.3. The user is prohibited from publishing or distributing content on Amber Games Internet pages and particularly in the context of the communications facilities, that
a) violates the law, is improper or is immoral;
b) violates trade marks, patents, utility or design patterns, copyrights, trade secrets or other rights of third parties;
c) is obscene, racist, violent, pornographic, adult content or otherwise the development of children and adolescents threatening or harmful nature;
d) is of abusive, harassing or defamatory nature;
e) falsely suggests that it is provided or supported by Amber Games;
f) contain personal data of third parties without their express consent;
g) is commercial, in particular promotional in nature.
5.4. The inclusion of Internet sites, company or product names is only permitted when it is not primarily for the purpose of advertising.
5.5. All users of the communication facilities provided on the Amber Games Internet pages are required to choose an acceptable choice of words. Abusive criticism or attacks on people in derogatory manner shall be avoided.
6 Consequences of a breach of duty
6.1. Amber Games is not liable for damages resulting from a breach of duty by the user.
a) change or delete content,
b) give a warning to the user,
c) publication of misconduct in the respective online game with mentioning of the user name,
d) temporary or permanent blocking of a user from individual or all online games and content of Amber Games Internet pages,
e) immediate termination of the contract.
6.3. If a user has been banned, he may not login again without prior consent of Amber Games.
7 Usage fees
7.1. The use of online games is free of charge.
7.2. The user may, however, purchase individual service offerings and individual features offered in the context of online games. The user is informed separately on the kind of features for purchase, especially what function each feature has, possibly of the duration of availability of the feature for purchase, the purchase price and the available payment method in connection with the online game.
7.3. The User has a right to carry out usage of the paid service only through the Game Administration website or through websites of authorized representatives – official partners. In case the User finds out about illegal operations, they must inform Administration about such operations.
7.4. The user assures that all information provided in the context of a payment transaction (including bank, credit card number, etc.) is complete and correct.
7.5. User has no right for a refund if the provision of service took place.
7.6. User has a right for a refund of funds, if the service requested was not provided during the next 5 working days.
7.7. Purchase of game currency does not give the User any special treatment and does not restrain the User from following the Rules and Agreement of the Game.
7.8. The payment options vary according to the online game, participant country and the market availability of technically feasible payment options. Amber Games reserves the right to amend its payment options.
7.9. Amber Games reserves the right to change the cost of the in-game features (including virtual currencies). This includes Amber Game`s right to increase or decrease cost for all singular in-game features for all future transactions.
7.10. In case of payment reversal, chargeback or fraud, Amber Games is entitled to ban the user account, ask to recover damages and to terminate services.
8 Limitation of Liability
8.2. The liability of Amber Games, on whatever legal grounds, whether due to contractual misconduct or breach of duty is ultimately determined in accordance with the following topics:
8.2.2. In case of failure of providing payable services, or unreasonable delay (more than 5 days),
9 Contract duration; deletion of user accounts
9.1. Unless stated otherwise for the respective online game or other service, the contract for the use of the Amber Games game site and online gaming and other service offerings is for an indefinite period. It begins with the moment of registration.
9.2. The contract may be terminated by either party at any time with immediate effect, provided that there is no agreed upon temporary contract period. If a temporary contract period has been agreed upon, it may be terminated proper only at the end of the period. If it is not cancelled, the current temporary contract is extended automatically by the originally agreed contract duration.
9.3. Either party has the right to terminate the contract for cause without giving notice. An important reason constitutes in particular, if
a) the user is in default with the payment of the charges, and does not pay despite warnings,
b) a behavior exists that affects the game experience of other players not insignificantly,
c) cheats, mods and/or "hacks" as well as any other form of software, tools or scripts are used that alter the gaming experience or the game mechanism of online games,
d) third parties play on the user account of the user, unless the rules of the game provide specific exceptions.
e) the user plays on the user account of a third party or uses more than one user account per online game,
f) user is trying to sell, buy, exchange virtual game goods for "real" money in illegal way,
9.4. Any termination must be in writing. Terminations via e-mail are considered in writing.
9.5. In the presence of legitimate reasons (e.g. extended period of inactivity), Amber Games is entitled to cancel the user account. Moreover, Amber Games at its discretion is entitled to delete user accounts at the end of the contract.
10 Governing Law, Jurisdiction
10.1. The law of the Latvian Republic applies.
11.2. The user may transfer rights and obligations under this contract only after prior written consent of Amber Games.
11.3. The user is only entitled to set-off, when his counterclaim has been legally established or has been recognized by Amber Games and is uncontested. The user can only exercise a right of retention as far as there are claims arising from this contract.
Riga, March 1, 2012
Amber Games Ltd.
Brivibas gatve street 214m-2
Register Number: 50003991570
Sales Tax Identification Number: LV50003991570
CEO: Alexandr Novozhenov
2. Responsible side
Responsible side Amber Games Ltd., Brivibas gatve street 214m-2 Riga, LV-1039.
3. Collection of information
If you would like to register on Amber Games Internet sites it is necessary to provide personal information. This information include your email address and password. In many cases it is possible to use Amber Game’s services by using pseudonyms. In addition, individual information such as IP address, browser type and access time will automatically be transferred to us by your computer and stored on our server.
4. Use of your personal information
We use your personal data in order to constantly improve our range of services and to satisfy the user`s needs. Amber Games uses your personal information for the establishment, processing and settlement of your user relationship with Amber Games and the processing of payments. Furthermore, we use your information in order to communicate with you. This includes that we, as the case may be, inform you about novelties of our services via e-mail. We use your personal information in order to inform you about products, services or certain events which could be of interest to you on a regular basis.
You may receive emails from us from the email addresses related to these domain names:
@ambergames.com; @1100ad.com; @darkswords.com; @sodgame.com; @1pirat.ru.
We also use your information in order to protect our web pages and to trace any unauthorized access.
5. Transmission of personal information
Your data will not be sold or given to third parties. Amber Games exclusively transmits your personal data to the following extent:
We work together with payment providers (e.g. Credit Card Companies, PayPal, Banks, Mobile Providers, etc.), IT service providers (e.g. data centers, hosts, backup services, database services).
6. Deletion of data
If your data is no longer necessary for the above-mentioned purposes including the settlement, for tax purposes or other legal reasons it will be deleted.
7. Security of your personal information
We process the information collected from you according to the Latvian data protection law. All employees are obliged and have been advised to maintain data confidentiality and privacy obligations. When submitting payments the transfer of your information is protected by SSL encryption technology. Our SSL transfer is provided by Starfield Secure Certification Authority.