These terms and conditions apply to the internet website amberlair.com edited and published by Amberlair, a company based in Hamburg, Lutterothstrasse 91, 20255 Hamburg, Germany. Chief Executive Officers: Marcus Orbé and Kristin Lindenberg
Terms and Conditions
Use of this website is subject to the following terms and conditions. Amberlair may revise these “terms” from time to time by updating this posting, with the revised terms taking effect for all users as of the date stated on the posting. Consequently, users should consult the terms regularly.
Please read these terms carefully before using the website. Users expressly acknowledge that they are aware of these terms and have had access to the same upon entering the website. Consequently, by using the website, users signify their assent and agreement to these terms. If a user does not agree to these terms, then a user is not authorised to continue consultation and access of the website.
Content on This Website
Amberlair has created this website to provide information about its company and products for the personal use of the users. Users may download one computer copy or print one copy of the material on this website for their own non-commercial, educational, private or domestic use only, provided that proprietary notices – in particular, intellectual property notices such as copyright, trademark, logo etc – are preserved in tact and are neither modified, nor deleted nor changed.
Unless otherwise stated, users should assume that everything they see or read on the website (such as images, photographs, including any person represented in the photographs, illustrations, icons, text, video clips, written and other material) are protected by legislation such as copyright, design and trademark legislation and under international treaty provisions and national laws worldwide.
Users are not authorised to sell, reproduce, distribute, modify, display, publicly perform, report or otherwise prepare derivative or second-hand works based on any Amberlair material or use it in any way for any public or commercial purpose. Furthermore, Amberlair material may not be displayed or communicated on any other website, in a networked computer environment or other digital support for any purpose whatsoever.
In the event of breach of any of these terms, the users’ permission to use Amberlair material will automatically terminate and any copies made of Amberlair material must be immediately destroyed. Any unauthorised use of Amberlair material may infringe copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Submissions by Users
Any unsolicited communication or material the users transmit to Amberlair via the website or by electronic mail or otherwise (excluding personally identifiable data), including but not limited to any data, questions, answers, comments, suggestions, or the like will be treated as non-confidential and non-proprietary by Amberlair.
By sending communications to Amberlair, users automatically grant Amberlair a royalty-free, perpetual, irrevocable non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such communications alone, or as a part of other works in any form, media, or technology, whether currently planned or hereafter developed and to sublicense such rights to anyone.
Anything our users transmit may be used by Amberlair for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting, or developing, manufacturing and marketing products using such information.
The information on the website is intended for general information purposes only. Amberlair makes every effort to ensure that the information provided is accurate and complete. However, Amberlair does not warrant or represent that Amberlair’s material is accurate, error-free or reliable or that use of Amberlair’s material will not infringe rights of third parties. The use of the website is at the users’ risk.
While every effort is made to ensure the security of the Amberlair website, Amberlair does not warrant that the functional and/or technical aspects of the website or Amberlair’s material will be error-free or that this website, Amberlair’s material or the server that makes it available are free of viruses or other harmful components. If use of this website, or Amberlair’s material results in the need for servicing or replacing property, material, equipment or data, Amberlair is not responsible for those costs.
Without limiting the foregoing, all website content and functionality is provided to users without warranty of any kind, either expressed or implied, including but not limited to the implied warranties of merchantability, satisfactory quality, fitness for particular purpose, reasonable care and skill, or non-infringement. Amberlair and its suppliers make no warranties about the Amberlair material, software text, downloads, graphics and links, or about results to be obtained from using the website. Please note that some jurisdictions may not allow the exclusion of implied warranties, consequently some of the above exclusions may not apply.
All contents of this website are either copyright or are licensed for use by Amberlair. All rights reserved.
Any material whose copyright is held by a third party is, where appropriate, identified as such on the website. All such rights are observed by Amberlair and material is used in good faith. Should you believe that, despite Amberlair taking every reasonable precaution, a copyright infringement has inadvertently taken place, please contact us immediately on firstname.lastname@example.org with the relevant information and we will take swift steps to remove or amend the material accordingly.
Links to websites operated by third parties not affiliated to Amberlair may be indicated on the website. The inclusion of any link to such third-party sites does not imply endorsement by Amberlair of those sites. Amberlair has not reviewed all of the sites linked to its website and is not responsible for the content or accuracy of any off-site pages or any other sites linked to this website. Linking to any other off-site pages or third sites is at the risk of the user.
Amberlair does not authorise linking to its website from a third-party website without its prior written authorisation.
Users agree that Amberlair may terminate the access of users to our website if Amberlair reasonably believes that users have violated or acted inconsistently with the letter or spirit of this agreement, or violated the rights of Amberlair or any third party, or for any reason with or without notice to the user. Users agree that Amberlair may modify or discontinue this website, with or without notice to them. Users agree that Amberlair will not be liable to them or any third party as a result of such modification or discontinuation.
Limitation of Liability
Under no circumstances whatsoever shall Amberlair be liable for any loss arising out of, or in connection with the use of information available from this website, whether direct or indirect – including, without limitation, any liability relating to any loss of use, interruption of business, lost profits or lost data, or incidental, special or consequential damages of any kind – regardless of the form of action, whether in contract, tort (including negligence) or otherwise, even if Amberlair has been advised of the possibility of such damages. Because some states and countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not be operable.
Unless otherwise specified, the information and materials in the website are presented solely for the purpose of promoting the services of Amberlair. Amberlair makes no representation that its material is appropriate or available for use in every country of the world. Users use this website at their own risk and are responsible for compliance with applicable local laws, keeping in mind that access to Amberlair’s material may not be legal by certain persons or in certain countries.
Any cause of action a user may have with respect to this website must be commenced within two years after the claim or cause of action arises. These terms will be governed by and construed in accordance with the laws of Germany without regard to its conflicts of law provisions. All disputes will be submitted to the exclusive jurisdiction of the competent courts of Hamburg, Germany. The waiver by Amberlair of a breach of any provision of these terms will not operate to be interpreted as a waiver of any other or subsequent breach.
- By entering any Amberlair competition, entrants and voters agree to be bound by these rules as amended from time to time, and by any competition instructions. It is the responsibility of entrants to keep themselves informed as to any updates of these rules, and they acknowledge that any failure to comply with these rules could lead to their disqualification without reasons being given or opportunity for challenge.
- The Judges shall, unless provided otherwise in the competition instructions, be the directors of Amberlair GbR.
- In the case of competitions involving a vote, the Judges have the sole right to identify the candidates on which the public shall vote. The principle of Amberlair competitions is fairness: entries or votes should be made or cast fairly. If, in the opinion of the Judges, this principle has been transgressed, they can declare any entries or votes invalid, void the competition, change the competition instructions, or adjust the entries or the voting to achieve fairness.
- The decision of the Judges over every instance shall be final and unchallengeable and in their absolute discretion they may declare void any entry/vote or the competition itself should they consider that there are no entries reaching a required standard. The Judges may, at their discretion, change the rules of a competition while it is running if it appears to them that it would be equitable or appropriate to do so, including the extension of the closing date – which will be announced on the amberlair.com website at the first reasonable opportunity. No correspondence will be entered into or comment issued on any matters concerning any competition, and no reasons given for any decision made by the Judges.
- Entries must be made in accordance with the competition instructions. They are invalid if they are received any later than the specified closing time (which shall be Central European date and time). Proof of submission will not constitute proof of delivery and no responsibility will be accepted for lost, corrupted, delayed or mislaid entries.
- The winner will be chosen in accordance with the competition instructions and the exercise of their residual discretion by the Judges. In the event of a public vote deciding the competition, the winner shall be the submitter of the candidate entry (as selected by the Judges) that receives the highest number of votes, subject to the provisions of paragraph iii.
- Amberlair GbR reserves the right to publish the names of the winners and runners-up, and the content of the winning entries themselves, and all winners are required to give their full co-operation to all requests by Amberlair GbR or a promoter in connection with publicity for the competition, their entry, the prize or otherwise.
- Where an Amberlair competition states that a prize is a number of nights’ stay at an Amberlair property, that refers to room-only accommodation, based on two people sharing a room. It does not include flights or ground transfer to the hotel, nor any food or beverage unless specifically stated. Where an Amberlair competition states that a prize includes attendance at a party, the prize includes one night’s room-only accommodation at an Amberlair property or reasonable alternative, under the same conditions. Where applicable, prize winners will be responsible for organising valid passport(s) and for securing any necessary visas or complying with other regulation. They are also strongly advised to take out adequate insurance and health advice, for which they are responsible. Dates, destinations and other specific details of a prize are subject to availability. There will be no cash or other alternative to the prize offered and prizes are not transferable.
- If any winner of a competition is unable to take up a prize for any reason, or if Amberlair GbR has not been able, after making reasonable efforts, to make contact with the winner, or if the original winner’s entry subsequently proves to be invalid, Amberlair GbR reserves the right to award that prize (without notice to the first winner chosen) to an alternative winner, in which case the first winner chosen shall not be eligible for any share of the prize whatsoever. Amberlair GbR shall not have any liability in such eventuality.
- Where necessary, in order to determine an outright winner or winners in a competition, the Judges reserve the right to require that entrants take part in an eliminating contest (or ‘tie breaker’). If for any reason there are more winners than prizes, whether or not that has arisen as an unforeseen eventuality or is part of the competition structure, the Judges reserve the right to conduct a draw to determine the winner or winners of the prizes.
- All entrants and voters must be over 18, or over the age of majority in their country of residence, or over the age of majority in the country of the prize destination, whichever is the highest.