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Terms, Conditions and Notices.

 

Terms, Conditions and Notices.

 

THIS AGREEMENT is between you, the user of this Site (the website), and Dorms.com.  Your use of this website is subject to your irrevocable acceptance, without modification, of these terms of use (the “Terms”) and you agree to use this website in accordance with and subject to these Terms. The Terms, as set out hereunder, constitute the entire agreement between you and Dorms.com.  If you do not read or accept these Terms, please do not use this website. By accessing any part of this website, you consent to be bounded by these Terms.

 

PRELIMINARY CONDITIONS TO USE THE WEBSITE AND SERVICES

  1. You confirm that you are of sufficient legal age to use this website and to be legally responsible for any liability that you may incur as a result of the use of this website.  This includes the understanding that you are financially responsible for all uses of this website, including third parties using your Log-in information.
  2. In pursuance of international travel security conventions, you hereby confirm to Dorms.com that you are not a national of Cuba, Iran, Syria, Sudan, Myanmar (Burma) or North Korea (a “Restricted National”), and you acknowledge that the use of the website by or on behalf of a Restricted National is prohibited; and hence
  3. You must not  use this website for any purpose that is unlawful or prohibited by these Terms.

Dorms.com

12 Lower Hatch Street, Dublin 2

Republic of Ireland

Incorporation number: 563854

VAT IE 3392829GH

Tel: +353 1 6392989

BOOKING CONDITIONS

The following conditions apply to all bookings of travel services made by you through this website.

(1) Making a reservation

On making a reservation, you might need to pay a non-refundable guarantee deposit.  You might be also be responsible to the travel services provider for payment of the balance of the cost of the travel services booked by you, the payment of any additional services subsequently contracted with the travel services provider, including service charges, surcharges, and any taxes pursuant to the terms and conditions of trade applied by such travel service provider.

You must use a credit card or debit card to guaranty a reservation.  By making a reservation with your credit card or debit card, you agree that in the event that you cancel your reservation less than 24 hours (unless otherwise specified on the description of the  property on our website) from your agreed check-in time or if you fail to arrive by your agreed check-in time, you authorise the travel services provider to charge your credit card or debit card, without further consultation to you, a no-show fee of an amount not exceeding the fee for one night accommodation or such an amount as may be set out in the service provider’s terms and conditions in the case of a non-accommodation product. Your non-arrival by the agreed check-in time, without previous notice, will result in the cancellation of your entire reservation.

Any amendments to your reservation must be notified to, dealt with, and agreed by the travel services provider.

In making a reservation, it is your responsibility to disclose to the travel services provider any physical or mental limitations and conditions that may affect you or any member of your party in any way  that the travel services provider should be notified or consulted upon the requirement of special arrangements or facilities.

(2) When a reservation is confirmed

Dorms.com will issue the booking confirmation on behalf of the travel services provider for each reservation, but does not undertake to include charges for additional services or details of the service charge or taxes charged by the travel services provider.

Dorms.com strongly recommends that you review and confirm with the travel services provider, the precise terms and conditions upon which the travel services provider makes the reserved service available to you upon receipt of the booking confirmation.

You must quote the reservation numbers found on your booking confirmation in all enquiries, cancellations or modifications pursued with the travel services provider.

(3) Cancellations

Dorms.com does not undertake any responsibility for cancellations made by you or by the travel services provider, regardless of the circumstances in which the cancellation is made.

Dorms.com shall not accept any liability for losses, additional expenses, or any claim whatsoever due to changes in accommodation or other travel services due to sickness, natural disasters, weather, wars, strikes, or any cause whatsoever.   All such losses, additional expenses and claims will be borne by you unless otherwise agreed between you and the service provider.

Dorms.com recommends that you purchase travel insurance to protect yourself against the usual contingencies.

GENERAL TERMS AND CONDITIONS

The Terms, and your use of this website, are governed by the laws of the Ireland.  Pursuant to this undertaking you agree to the exclusive jurisdiction of courts of Ireland in all disputes that may arise out of, or relating to, the use of this website each time you access the website.  The use of this website is unauthorised in any jurisdiction that does not give effect to all the provisions of these terms and conditions, including without limitation to this paragraph.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Dorms.com in connection to these Terms or to your use of this website.  Dorms.com’ s compliance with these Terms is subject to existing laws and legal process and nothing contained in this agreement derogates Dorms.com ‘s rights to comply with law enforcement requests or requirements relating to your use of this website or the information provided to, or gathered by, Dorms.com with respect to such use.

If any part of these Terms is determined to be invalid or unenforceable, including but not limited to the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.

These Terms constitute the entire agreement between you and Dorms.com with respect to this website and supersede all prior or contemporaneous communications and proposals whether electronic, oral or written, between you and Dorms.com with respect to this website. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent, and subject to the same conditions, as other business documents and records originally generated and maintained in printed form.

Although Dorms.com cannot monitor the conduct of its users offsite, it is a violation of these Terms to use any information obtained from this website to harass, abuse or harm other persons, or to contact, advertise to, solicit, or sell to any user or person without their prior expressed consent.

LIMITATION OF LIABILITY

About Dorms.com

You should note that Dorms.com does not warrant that the information published on this website is or will be error free, and by using this website, you acknowledge that the accommodation details and all other information including information relating to travel services published on this website may include inaccuracies or typographical errors.

All bookings for travel services made on this website sets you in a binding agreement with the travel services provider and not with Dorms.com.  Dorms.com only facilitates the process of making reservations with the travel services provider. Dorms.com is not a party to the contract between you and the travel services provider and has no responsibility or liability to you in respect of the terms of that contract whether directly or indirectly.

Prior to making a booking, you should ensure that you have reviewed the travel services provider’s terms and conditions and that they are acceptable to you.

NEITHER Dorms.com, NOR ANY OF ITS DIRECTORS, EMPLOYEES, AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR LOSS OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF ANY INFORMATION, PRODUCTS, SERVICES AND/OR THE MATERIALS OFFERED THROUGH THIS WEBSITE, INCLUDING BUT NOT LIMITED TO, LOSS OF DATA, INCOME, PROFIT OR OPPORTUNITY, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES, OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGES, EVEN IF Dorms.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE.

While Dorms.com makes all reasonable efforts to ensure that the travel services listed are of reasonable standard, the listing of any travel services in the website is not and should not be taken as a recommendation from Dorms.com or a representation that the travel services will be suitable for the users purpose.

Dorms.com shall in no way be liable to you in the event that the travel services are not suitable for your purpose.

NO LIABILITY IN THE LINKS TO THIRD PARTY SITES

This website may contain hyperlinks to websites operated by parties other than Dorms.com. Such hyperlinks are provided for your reference only. Dorms.com does not control such websites and is not responsible for their contents. The inclusion of hyperlinks on this website to such other websites does not imply any endorsement of the material on such websites or any association with their operators.

INDEMNITY

You agree to indemnify and hold Dorms.com, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the website.

DISCLAIMER

ALL USE BY YOU OF THIS WEBSITE IS AT YOUR OWN RISK. YOU ASSUME COMPLETE RESPONSIBILITY FOR AND FOR ALL RISK OR LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF OR REFERRING TO OR RELYING ON INFORMATION, PRODUCTS, SERVICES OR MATERIALS PROVIDED ON THIS WEBSITE, OR ANY OTHER INFORMATION OBTAINED FROM YOUR USE OF THIS WEBSITE. YOU AGREE THAT Dorms.com AND THE PROVIDERS OF TELECOMMUNICATIONS AND NETWORK SERVICES TO Dorms.com WILL NOT BE LIABLE FOR DAMAGES ARISING AFTER YOUR USE OR INABILITY TO USE THIS WEBSITE AND YOU HEREBY WAIVE ANY AND ALL CLAIMS WITH RESPECT THERETO WHETHER BASED ON CONTRACT, TORT OR OTHER GROUNDS.

THIS WEBSITE IS AVAILABLE TO ALL USERS “AS IS”. Dorms.com  MAKES NO REPRESENTATIONS, WARRANTIES OR UNDERTAKINGS THAT THIS WEBSITE, OR THE SERVER THAT MAKES IT AVAILABLE, WILL BE FREE FROM DEFECTS, INCLUDING, BUT NOT LIMITED TO VIRUSES OR OTHER HARMFUL ELEMENTS.  Dorms.com ACCEPTS NO LIABILITY FOR ANY INFECTION BY COMPUTER VIRUS, BUG, TAMPERING, UNAUTHORISED ACCESS, INTERVENTION, ALTERATION OR USE, FRAUD, THEFT, TECHNICAL FAILURE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY, OR ANY EVENT OR OCCURRENCE BEYOND ITS CONTROL, WHICH CORRUPTS OR AFFECTS THE ADMINISTRATION, SECURITY, FAIRNESS AND THE INTEGRITY OR PROPER CONDUCT OF ANY ASPECT OF THIS WEBSITE. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE ARE HEREBY EXCLUDED, INCLUDING WITHOUT LIMITATION REPRESENTATIONS, WARRANTIES OR UNDERTAKINGS ABOUT ANY OF THE SERVICES, INFORMATION AND/OR MATERIALS ON THIS WEBSITE, INCLUDING WITHOUT LIMITATION, THEIR ACCURACY, THEIR COMPLETENESS OR THEIR MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.

WAIVER

Dorms.com ‘s failure to enforce at any time or for any period any one or more of the Terms shall not be a waiver of them or the rights attaching to any of them.

HEADINGS

The headings used in these Terms are for convenience only and shall not affect the meaning or scope of these Terms or otherwise be given other legal effect.

MODIFICATION OF THESE TERMS AND CONDITIONS

Dorms.com reserves the right to change these Terms as well as the contents of this website for any reason and without notice, and without liability to you, any other user or any third party. This right shall not affect the Terms accepted by you upon making a legitimate reservation or purchase using this website. You should check these Terms for any changes each time you access the website.

COPYRIGHT, NOTICE AND LIMITED LICENCE

The information, content, graphics, text, sounds, images, buttons, trade marks, service marks, trade names and logos (“Materials”) contained in this website are protected by copyright, trademark, database right, sui generis right and other intellectual property laws under national laws and international treaties. Dorms.com or its licensors (as the case may be) retain all right, title, interest and intellectual property rights in and to the Materials. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, Materials, software, products or services obtained from this website. Other than expressly provided herein, nothing in these terms and conditions shall be construed as inferring by implication or otherwise any licence or right under any copyright, trademark, database right, sui generis right or other intellectual property or proprietary interest of Dorms.com, its licensors or any third party. Any persons breaching any of this provision will be prosecuted.

PRIVACY POLICY

Full details of Dorms.com ‘s privacy policy can be found here (link), which is hereby incorporated into and forms part of these Terms.

Dorms.com operates according to the principles required by the GDPR:

We provide your information to necessary third party service providers when you reserve or purchase travel services through the Dorms.com website. We also use your details to operate Dorms.com and, occasionally, to inform you of new features, services and products from Dorms.com. You will always have an opportunity to opt in to these features, and to opt out at any time.

On occasions, we may supply statistics about our customers to third parties such as hostels or other agents. These statistics never contain personally identifying information.

If at any time you believe that Dorms.com has not adhered to these principles, please notify us via the contact form and we will use all commercially reasonable efforts to determine and correct the problem promptly. If you are an EU resident, you may have additional rights to inquire about or object to the processing of your data, and to refer any complaints to your Data Protection Authority.

Please contact us if you have any questions.

 

 

2023 Free weekend Promo

Get a free Dorms.com Access Pass with every booking and enter a chance to win a free weekend for 2 anywhere in the world (terms and conditions apply)

 

  • Bookings must be made between December 25, 2022 and March 31, 2023
  • Dorms.com Access Pass NFT must be activated and your digital wallet connected to Dorms.com by March 31, 2023

 

    • 2 consecutive nights in 2023 for 2 adults in a hostel dorm anywhere in the world. Hostel must be listed on Dorms.com

 

  • Maximum value: $300 or 300. Can not be redeemed for cash. Maximum 1 prize will be awarded.
  • Subject to availability and Blackout dates (no major holidays, New Year’s Eve, special days and no unique festival dates).

 

 

For full terms and conditions details see below: 

 

TERMS & CONDITIONS FOR Dorms.com Access Pass – 2023  Free weekend Promo

 

  1. These are the terms and conditions which apply to any NFT Giveaway promotion which we may run, whether on our website or Dorms.com social media platforms.
  2. 2. By entering the NFT Giveaway you agree to be bound by these terms and conditions along with any other Specific Rules which relate to the NFT Giveaway. Specific Rules might include entry instructions and any other specific details, rules or conditions relating to a particular NFT Giveaway, and might be published on our or our promotion partners’ website, social media platforms, or may be found in any other media which features a NFT Giveaway. The Specific Rules will usually (but may not always) refer to these terms and conditions.
  3. In these terms and conditions, ‘we‘, ‘ us‘, ‘our‘ and’ all mean Dorms.com Our registered address is: 12 Lower Hatch Street, Dublin 2 Republic of Ireland

Start and end date/time

  1. Each NFT Giveaway will start immediately after your stay is fully booked and there is no cancellation. . The closing date/time for the NFT Giveaway will be made clear in the Specific Rules or the relevant promotional materials. All times will be based on PST time.

 

Entering a Promotion

  1. Each Promotion will be open to individuals who book their stay through www.dorms.com or affiliate websites and are aged 18 or over.
  2. To enter, follow the entry process for the relevant NFT Giveaway, which will usually be explained in the Specific Rules and/or promotional materials or announcements.
  3. You may only make multiple entries into each NFT Giveaway.
  4. There is no additional charge to enter the NFT Giveaway. 

Winner selection/notification

  1. For each NFT draw, there will be one winner.
  2. In the case of a prize draw, winner(s) will be selected at random. This will be done by an automated process or a process which will be conducted or supervised by an independent person.
  3. If you win the NFT, we will notify you within fourteen (30) days of the end date of the NFT Giveaway. To claim the prize, follow the instructions that will be emailed to you.

    Prizes
  4. The prize or prizes will be 2 consecutive nights for 2 adults in a hostel anywhere in the world in the year 2023. Hostel must be listed on Dorms.com and is subject to availability. Accommodation type: bed in a dorm. Maximum value: $300 or 300. Can not be redeemed for cash. Maximum 1 prize will be awarded. Imagery may be for illustrative purposes only, and colors and other minor details may vary.
  5. Each prize is non-transferable, non-refundable and no cash alternative is available.
  6. If we consider it necessary or appropriate, a prize or prizes (or part thereof) might be varied or swapped for a suitable alternative which will be decided at our sole discretion.
  7. If you fail to claim the prize within the time-limit or fail to comply with any other instructions or time-limits notified to you or provide us with incorrect or fraudulent information, you will forfeit your right to the prize. We will then select an alternative winner. You’ll need proof of your ID to claim a prize 
  8. You will not be entitled to receive a prize which, for any reason, you would be prohibited by law from purchasing, using, owning or possessing.
  9. The prize cannot be used in conjunction with other offers, promotions or prizes..

Additional terms relating specifically to prizes involving a holiday

  1. Prizes involving a holiday (‘Holiday Prizes’) are subject to availability and must be taken in accordance with all requirements specified by us, such as dates, destinations, carriers and number of passengers. Blackout periods may apply, including public holidays either in the UK or the destination country.
  2. Unless the Specific Rules state otherwise, you will be responsible for all ancillary expenses in relation to the prize which aren’t expressly included. So, the cost of food, drinks, taxis/transfers, gratuities and so on will not be included unless they are expressly included in the prize description. You must ensure that you have sufficient financial resources to meet any financial commitments which you may incur in connection with the prize beyond those which are included as part of the prize (including transfers to and from the airport, meals, drinks, and travel insurance). You must not commit us to any costs or expenses without our prior written consent (which we are not obliged to give) and will remain liable for such costs if you attempt to do so.
  3. You will be responsible for any inoculation and other health or visa requirements for your holiday destination.
  4. You must hold a valid passport, which will not expire within 6 months after the last day of the holiday, without any visa restrictions. Some countries may deny entry if you have a criminal conviction or if you have previously been denied entry (or other reasons). Passport control and in-country authorities reserve the right to refuse entry. If you are refused passage and or entry/exit to or from the country being visited, we will not be held responsible for that or for any costs, expenses or losses incurred by you or your travel companion, which will be your sole responsibility. If you are not able to travel, your travel companion may also be denied access to the holiday/Holiday Prize.
  5. All holidays must be taken within 9 months of the end date of the NFT Giveaway 
  6. Holiday Prizes are not available to persons under the age of 18 unless permitted to travel by parents. If permitted to travel, children under 18 years may only do so if accompanied by a parent or guardian (or, if we agree on a case by case basis, another responsible adult) aged 18 or over, of if written consent is sent to Dorms.com
  7. You must comply with all lawful instructions and terms and conditions, including health and safety requirements and instructions, of the host institution provider
  8. We will, of course, try to provide the prize as described. Occasionally, circumstances beyond our reasonable control might make this difficult or impossible. For example, if the prize involves travel, weather conditions or other circumstances might mean that plans are disrupted, postponed or cancelled. When we can’t deliver a prize as described, we will always do our best to provide you with an alternative which we consider to be a reasonable replacement in all the circumstances. We will consult with you when we do so because we don’t want you to be disappointed, but you understand that the replacement may not be identical to the original prize.

 

Publicity and identity of winners

  1. If you win a prize, you (and your guest or travel companion if applicable) may be required to take part in reasonable publicity.
  2. We and the prize provider may publish and publicize your name, image, social media handle and/or profile picture, and your entry, and we may refer to your and your guest’s or travel companion’s association with the NFT Promotion in any and all media, worldwide, in perpetuity, for publicity and PR purposes.
  3. We may carry out an interview with you and your guest/travel companion either by telephone or in person and we may film, record and/or photograph the interview and we may use such film, recording and/or photograph(s) for publicity and PR purposes in any and all media, worldwide in perpetuity.

Use of your entry

  1. 29. By entering the NFT Giveaway or submitting a video, image, audio file or any other materials in relation to the NFT Giveaway (including as part of the entry process or as part of a prize) or if you tag or mention us directly or indirectly in any photo, video or content in connection with the NFT Giveaway, you agree that we can re-post, re-tweet, publicise and otherwise use that photo, video or content (with or without any accompanying comments and information like your handle and profile pic). You agree that we can do that via the same platform(s) that you posted or shared the photo, video or content, as well as via other social networks and platforms that we use, and on our websites. However, obviously we’ll never sell or charge anyone for copies of your photos, videos or other content (without your approval). And, just to be clear, unless otherwise expressly stated in the Specific Rules, you will remain the owner of the rights (e.g. copyright) in your photo, video or other content, but you agree not to use all or any of them in connection with a competitor of ours. You waive your moral rights in relation to the same.
  2. You warrant and undertake (i.e. guarantee), that:
  3. You own and control all of the rights in your entry, and you have the right to grant the rights set out in these terms and conditions and any Specific Rules;
  4. You have obtained written consent from anyone featured or mentioned in your entry, and your entry (and our and any third party’s use of it) does not and will not infringe the rights of any individual or business (including any intellectual property rights, moral rights, right to privacy, confidentiality, etc.);
  5. Your entry does not violate any applicable law or regulation;
  6. Your entry does not contain anything which is indecent, untrue, defamatory, unlawful, hateful, threatening, demeaning, inappropriate, obscene, malicious or which is in contempt of court;
  7. Your entry will not cause any kind of harm or damage, and does not (to the best of your knowledge or belief) contain any virus, malware, spyware or similar.
  8. You will sign such document as we reasonably request, at no cost to us, to confirm any or all of the above.
  9. Unless otherwise stated, your entry will not be returned to you.

Data Protection

  1. Your personal data, and the personal data of any guest or travel companion, will be collected and processed by us.
    39. We will also use entrants’ personal data for marketing purposes where consent has been provided. Personal data may be transferred and processed outside of the EEA. To make a booking, your must agree to the Dorms.com terms and conditions. For more details, please read our Privacy Policy, visit https://www.dorms.com/info/terms-conditions/ for our privacy policy.

Liability

  1. If we consider that you or your entry are in breach of these terms and conditions, or if we have grounds to suspect any entrant or third party of cheating, deception or fraudulent or unsportsmanlike conduct of any kind (including, without limitation, manipulating a Promotion, choice of prize winner(s) or any entry), without limiting the options available to us, we reserve the right in our sole discretion (and without us incurring any liability) to disqualify any entrant, entry or person we reasonably believe to be responsible for, or associated with, such activity. We also reserve the right to disqualify you from the NFT Giveaway Promotion and/or prize (without us incurring any liability) if in our reasonable opinion you or your guests or travel companions conduct yourselves in a way which is abusive or which exposes you or others to any medical, security, safety or similar risk whatsoever (including if you are intoxicated or abusive in any way). You agree that you will not do anything which is likely to bring us or any of our promotion partners into disrepute or which might adversely affect our reputation or the Promotion.
  2. Save that nothing in these terms and conditions limits or excludes our (or any third party’s) liability arising from fraud or from death or personal injury caused by negligence or any other type of liability which may not be limited or excluded by law, to the fullest extent permissible by law, we (and the promotion partners and any providers of a prize) (a) shall have no liability in relation to any act or omission of any third party and (b) exclude all liability to you and anyone else for any indirect loss, damage or harm of any kind arising from or in connection with the NFT Giveaway and prizes and your use or enjoyment of them. For example, if you book or take time off work with the intention of taking up a prize (e.g. an event) on a particular date, and the event is subsequently postponed, changed or cancelled, we would not be responsible for covering your wages or salary for your missed day of work on that day or any other day off you take. This is only one example and is not intended to limit the general interpretation of this clause.
  3. In no event will our NFT Giveaway total aggregate liability to you exceed the cost of the prize.
  4. Unless otherwise expressly stated in the Specific Rules, the Promotions are in no way sponsored, endorsed or administered by, or associated with any social media platform (including without limitation Twitter, Facebook, Instagram or YouTube). You hereby release all such social media platforms from any liability. Any questions, comments or complaints regarding this Promotion must be directed to the Promoter only, and NOT to any social media platform.

Other rules

  1. We reserve the right to withdraw or amend any NFT Giveaway and/or these terms and conditions if we consider it necessary or appropriate to do so for reasons beyond our reasonable control or if there has been a broadcasting or printing error, etc. Any changes will be posted here and/or on our website.
  2. We reserve the right to discontinue the program at any time. 
  3. When entering a NFT Giveaway or claiming a prize you must use your real name. You may be required to provide us with proof of your identity and eligibility on request. Failure to provide adequate information (or to adequately prove eligibility) may result in your disqualification and/or withholding or withdrawal of a prize.
  4. No multiple, bulk, automated, machine assisted, third party, syndicate or other group entries will be accepted. We will disqualify any entries which, in our reasonable opinion, appear to have used any of these entry methods (including multiple entries, unless permitted) from the same IP address, telephone number, or similar. You may not enter the NFT Giveaway if you have been given the answer(s) or any other relevant information in relation to the NFT Giveaway, directly or indirectly by any Excluded Individual.
  5. You agree to keep confidential any information which you know or reasonably ought to know is confidential and which relates to us, our business, the NFT Giveaway or prize.
  6. 50. In the event of any dispute, our and any judges’ decisions are final and no correspondence will be entered into.
  7. So that we can ensure the fairness of our NFT Giveaway, we reserve the right to prevent you, at our absolute discretion, from entering any of the Promotions for a period of six months (“Exclusion Period“) if you have either (A) won a prize valued at £1,000 or above, or (B) won more than one prize during the previous six months. If we choose to exercise this right, we will notify you in writing. If you continue to enter any NFT Giveaway during the Exclusion Period, we reserve the right, at our absolute discretion, to disregard your entry, remove prizes and impose a further exclusion period of twelve months from the date of your last entry attempt. Entry fees (if any) will not be refunded.
  8. These terms and conditions, together with the relevant Specific Rules, represent the entire agreement between you and us in relation to the NFT Promotion and the prize. The invalidity, illegality, or unenforceability of the whole or any part of the terms and conditions or any Specific Rules does not affect the remainder of these terms and conditions or any Specific Rules, which will remain in full force and effect. These terms and conditions and the Specific Rules do not create any right or benefit enforceable by any third party.
  9. The NFT Giveaway, and these terms and conditions, are governed by English law, and any disputes arising in connection with them shall be subject to the exclusive jurisdiction of the English courts.
  10. For all enquiries in relation to a Promotion or these terms and conditions, please contact info@dorms.com

Non-fungible Token Terms & Conditions 

 

INTRODUCTION & AGREEMENT TO THESE TERMS & CONDITIONS: This document is the “Terms & Conditions” for the non-fungible token (“NFT”) project that has posted this document within its NFTs and/or at the point where its NFTs are sold. The NFT project that has posted this document within its NFTs and/or at the point where they are sold is referred to in this document as the “Project”.
These Terms & Conditions are a legally binding agreement regarding the Project and your rights and obligations related to it. By making a purchase from the Project or interacting with its NFTs, you are agreeing to these Terms & Conditions. 

PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE INTERACTING WITH THE PROJECT OR ITS NFTs.

THE PROJECT’S CREATOR (AS DEFINED BELOW) IS ONLY WILLING TO MAKE THE PROJECT AND THE RIGHTS STATED IN THESE TERMS & CONDITIONS AVAILABLE TO YOU IF YOU ACCEPT ALL OF THESE TERMS & CONDITIONS. IF YOU DO NOT FULLY AGREE TO THESE TERMS & CONDITIONS, YOU ARE NOT PERMITTED TO ACCESS OR USE THE PROJECTS OR ITS NFTs.

 

DEFINITIONS OF CREATOR, ART, OWN, PURCHASED NFT, THIRD PARTY IP, PROJECT MATERIALS & SMART CONTRACT: For the purposes of these Terms & Conditions, the capitalized phrases in quotes that are defined in the rest of this paragraph will have the definitions given to them in this paragraph. “Art” means any art, design, and drawings that may be associated with an NFT that you Own. “Own” means a NFT that you have majority purchased or otherwise rightfully majority acquired from a legitimate source, where proof of that purchase is recorded on the relevant blockchain. “Purchased NFT” means an NFT from the Project that you Own. “Creator” means, collectively, the individuals, companies, ogranizations and/or other entities that first offered the Project NFTs for sale, minting, giveaway, or trading (for example, and as applicable, the artist(s) and/or software developer(s) who authored the Project NFTs and Smart Contracts and initially made the NFTs available for sale on an NFT marketplace). “Third Party IP” means any patent rights, copyrights, trade secrets, trademarks, know-how or any other intellectual property rights recognized in any country or jurisdiction in the world that are not owned by the Creator. “Project Materials” means all Art, designs, names, copyrights, trademarks, patents, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data, and all other elements of this Project. “Smart Contract” means the software commonly referred to as “smart contracts” that makes up part of the Project and runs on the applicable blockchain network.


BLOCKCHAIN NETWORK: Through the Smart Contracts, users may buy, sell own and transfer the Project’s digital characters, collectibles, generative artwork, and/or other digital assets. To interact with the Project, you will need to have a web browser and a digital wallet that is compatible with the NFT standard on the Project’s applicable blockchain network (for example, and as applicable, the Ethereum blockchain). All transactions regarding this Project are managed and confirmed via the appliacble blockchain network. The Creator does not own or control your web browser, your digital wallet, any blockchain network such as the Ethereum network, or any other third-party site, product, or service that you might access, visit, or use for the purpose of enabling you to perform a transaction. The Creator will not be responsible for the acts or omissions of any third parties, nor will they be responsible for any damage that you may suffer as a result of your transactions or any other interaction with any third parties.


OWNERSHIP: When you purchase an NFT from the Project, you own only the NFT, not any related Art or any other Project Materials. You can trade the NFT, sell it, or give it away. Ownership of the NFT is governed only by the Smart Contract and the applicable blockchain network (for example, and if applicable, the Ethereum Network). The Creator owns the Art. You acknowledge and agree that the Creator (or, as applicable, any parties they have licensed rights from and/or who they transfer their rights to) own all legal right, title and interest in and to all other elements of the Project (incluidng, but not limited to, its Art), and all intellectual property rights in the project and the Project Materials. You do not have any rights in the Project Materials except for those rights expressly stated in these Terms & Conditions. All Project Materials are the property of the Creator (and/or their licensors, licensees, and/or assignees, if and to the extent applicable). The Creator (and, if applicable, their licensees, licensors, and assignees) reserve all rights in and to the Project Materials that are not expressly granted to you in these Terms & Conditions.


LICENSE FOR NON-COMMERCIAL USE OF THE ART: For so long as you continue to Own the applicable NFT and fully comply with these Terms & Conditions, the Creator grants you a limited worldwide, non-exclusive, non-transferable, royalty-free license to use, copy, and display the Art of your Purchased NFT solely for the following purposes: (a) for your own personal, non-commercial use; (b) as part of a marketplace that permits the purchase and sale of your Purchased NFT, but only if the marketplace cryptographically verifies each NFT owner’s rights to display the Art for their Purchased NFT to ensure that only the actual owner of the NFT can display the Art; or (c) as part of a third party website or application that permits the inclusion, involvement, or participation of your Purchased NFT, but only if the website/application cryptographically verifies each NFT owner’s rights to display the Art for their Purchased NFT to ensure that only the actual owner of the NFT can display the Art, and only if the Art is no longer visible once the owner of the Purchased NFT leaves or logs out of the applicable website/application.

 

GENERAL RESTRICTIONS: You agree not to do any of the following things unless you make a request to the Creator and are granted specific written permission by them: (a) modify the Art in any way; (b) use the Art to advertise, market, or sell any product or service; (c) use the Art in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others; (d) use the Art in movies, videos, or any other forms of media, unless and only to the degree that the use is expressly authorized elsewhere in these Terms & Conditions or solely for your own personal, non-commercial use; (e) sell, distribute for commercial gain or otherwise commercialize merchandise that includes, contains, or consists of the Art, unless and only to the degree as expressly authorized elsewhere in these Terms & Conditions; (f) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Art.

 

RESTRICTIONS ON THIRD PARTY IP: If the Art contains Third Party IP (for example, intellectual property from a celebrity, athlete, sports league, or company other than the Creator), you understand and agree with the following: (a) you will only have the rights to use the Third Party IP as it is included within your Purchased NFT and only so long as you are using your Purchased NFT in compliance with these Terms & Conditions; (b) any license for commercial use stated in these Terms & Conditions will not apply; (c) depending on the nature of the license granted from the owner of the Third Party IP, the project creator may need to pass through additional restrictions on your ability to use the Art; and (d) to the extent that the project creator informs you of these additional restrictions in writing (e.g., via email), you will be responsible for complying with all the additional restrictions from the date that you receive the notice, and failure to do so will be deemed a breach of these Terms & Conditions.

LICENSES END IF YOU NO LONGER OWN A PURCHASED NFT: For clarity, please note that the licenses granted in the clauses titled “LICENSE FOR NON-COMMERCIAL USE OF THE ART” and “LICENSE FOR NON-COMMERCIAL USE OF THE ART” apply only if you continue to Own the applicable NFT. If at any time you cease to Own (as defined in these Terms & Conditions) the Purcahsed NFT for any reason, these licenses will immediately expire with respect to you, and you will have no further rights to the Art for that Purchased NFT.

USE OF THE PROJECT’S NAME. Notwithstanding any contained in these Terms & Conditions, you are not granted any rights to use the project’s name for any purpose without obtaining the Creator’s prior written consent.

DISCLAIMERS: TO THE FULLEST EXTENT PERMISSIBLE PER APPLICABLE LAW, THE PROJECT CREATOR AND THEIR SUBSIDIARIES, AFFILIATES, AND LICENSORS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS AND CONTRACTORS MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, REGARDING ANY NFTS, SMART CONTRACT, ETC.), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, OR RELIABILITY. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET. THE PROJECT CREATOR WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF ANY BLOCKCHAIN NETWORK (FOR EXAMPLE, THE ETHEREUM NETWORK) OR ANY DIGITAL AND/OR ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECT SMART CONTRACTS OR OTHER TRANSACTIONS; SERVER FAILURE OR DATA LOSS; CORRUPTED WALLET FILES; OR UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK. NFTS ARE INTANGIBLE DIGITAL ASSETS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED ON THE BLOCKCHAIN. ALL SMART CONTRACTS ARE CONDUCTED AND OCCUR ON THE DECENTRALIZED LEDGER WITHIN THE BLOCKCHAIN, WHICH IS EARLY STAGE AND/OR EXPERIMENTAL TECHNOLOGY. THE PROJECT CREATOR MAKES NO GUARANTEES OR PROMISES WITH RESPECT TO SMART CONTRACTS. THE PROJECT CREATOR IS NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY FEATURES OF OR RELATED TO THEM OR ANY ELECTRONIC AND/OR DIGITAL WALLET.

LIMITATION OF LIABILITY. THE PROJECT CREATOR AND THEIR SUBSIDIARIES, AFFILIATES, AND LICENSORS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS AND CONTRACTORS, WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH YOU MAY INCUR, HOWSOEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THEIR TOTAL, AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS & CONDITIONS AND/OR ANY NFT, IS LIMITED TO THE AMOUNTS YOU ACTUALLY PAID THE PROJECT CREATOR UNDER THESE TERMS & CONDITIONS IN THE 12 MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE. THE PROJECT CREATOR SOLD THE PURCHASED NFT AND ENTERED INTO THESE TERMS & CONDITIONS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK AND FORM AN ESSENTIAL BASIS OF THE BARGAIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND SOME JURISDICTIONS ALSO LIMIT DISCLAIMERS OR LIMITATIONS OF LIABILITY FOR PERSONAL INJURY FROM CONSUMER PRODUCTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO PERSONAL INJURY CLAIMS.

 

GOVERNING LAW: The Terms & Conditions shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts-of-law rules, and the United States of America. For the purposes of these Terms & Conditions and/or any disputes related to them and/or the Purchased NFT, you and the Creator consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Southern District of New York.

 

MISCELLANEOUS: These Terms & Conditions are the entire agreement between you and us regarding the Purchased NFT, and replace and trump all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and the Creator with respect to the Purchased NFT. If any provision of these Terms & Conditions is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary for the rest of the Terms & Conditions to remain enforceable. Failure to enforce any part of these Terms & Conditions shall not constitute a waiver of the right to later enforce that or any other part of these Terms & Conditions. For any waiver of compliance with these Terms & Conditions to be binding, a party’s authorized representatives must provide written notice of that waiver. The language in these Terms & Conditions will be interpreted as to its fair meaning, and not strictly for or against any party. You may not assign any or your rights or obligations under these Terms & Conditions, whether by operation of law or otherwise, without our prior written consent. The Creator may assign their rights and obligations under these Terms & Conditions in their sole discretion