Terms of Use

Acceptance of the Terms of Use

These terms of use are entered into by and between you and Dented Feels, LLC ("we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of dentedfeelsnft.com, including any content, functionality, and services offered on or through dentedfeelsnft.com (the "Website").

By using the Website or by clicking to accept the Terms of Use when this option is made available to you, you agree to be bound by these Terms of Use and our Privacy Policy, incorporated herein by reference.

By using this Website, you represent and warrant that you are at least 13 years old. If you are not at least 13 years old, you must not access or use the Website.

Dented Art Pieces

“Dented Art Pieces” refers to all digital illustrations used to make up the collective art pieces within the universe of NFT collections designed by Dented Feels, LLC, including all of the underlying single character traits used to create any of the composite character illustrations. Dented Art Pieces consist of the digital illustrations contained within, but not limited to, Dented Feels, Dented Feels Mood Swings, and Dented Feels Dented Dreams.

“Dented Feels” is a generative art collection consisting of 11,111 composite digital character illustrations. Each individual character within the Dented Feels collection is associated with a unique non-fungible token (NFT) stored on the Ethereum Block Chain. A single Dented Feels character illustration and associated NFT are collectively referred to as a “Dented Feel”. Each individual Dented Feel has a unique identification number.

“Dented Feels Mood Swings” is an expandable collection of individual digital trading cards and trading card packs. “Mood Swing” refers to any singular piece within the Dented Feels Mood Swings collection. A Mood Swing can be in either one of two states (1) digital trading card and (2) digital trading card pack. Each individual Mood Swing is associated with a unique non-fungible token (NFT) stored on the Ethereum Block Chain. A single Mood Swing digital trading card and associated NFT are collectively referred to as a “Trait Card”. A single Mood Swing digital trading card pack and associated NFT are collectively referred to as a “Trait Pack”. Each Mood Swing has a unique identification number.

“Dented Feels Dented Dreams” is an expandable collection of composite digital character illustrations created through the use of the Dream Machine. Each individual composite character illustration within the Dented Feels Dented Dreams collection is associated with a unique non-fungible token (NFT) stored on the Ethereum Block Chain. A single Dented Feels Dented Dream character illustration and associated NFT are collectively referred to as a “Dented Dream”. Each individual Dented Dream has a unique identification number.

“Dented Art Pieces” also refers to all additional art collections within the universe of NFT collections designed by Dented Feels, LLC, including, but not limited to, Broken Dreams, Alter Ego, as well as any additional art collections and expansions to be released as NFTs by Dented Feels, LLC in the future.

Dented Feels, LLC reserves the right to expand, modify, or remove any of the digital illustrations and underlying single character traits within the Dented Art Pieces and associated collections at any time, for any reason, intended or unintended, with or without advance notice.

Dented Art Tokens

“Dented Art Tokens” refers to the universe of individual Non-Fungible Tokens (NFTs) on the Ethereum Blockchain that are associated with respective Dented Art Pieces. Dented Feels, LLC considers the controller of the Ethereum Wallet associated with a Dented Art Token to be the controller of said token and therefore provides access to exclusive art and related services. Dented Feels, LLC reserves the right to refuse service to anyone.

The transfer of an individual Dented Art Token from one Ethereum wallet to another is also the transfer of control over said token to the receiving wallet, and therefore considered a transfer of ownership. Dented Feels is not responsible for the loss or theft of any Dented Art Tokens. If a Dented Art Token is lost or stolen we bear no responsibility to you, even if the thief uses the Dented Art Token to access any of the exclusive art and related services available to the controller of said token, including, but not limited to, any action that may render the access to the token permanently unrecoverable, or the connected artwork forever-changed.

NFTs are a novel technology with inherent risks. As a professional art and design service company with no technological expertise, Dented Feels, LLC does not represent, warrant, or guarantee we have a comprehensive understanding of the underlying technology of the Ethereum Bockchain, nor do we represent, warrant, or guarantee that we have complete control over the functionality of the NFTs that make up the universe of Dented Art Tokens. We hold no liability to you whatsoever for any unintended outcomes derived from the use of said technology. As such, you are controlling the Dented Art Token and using any associated art and services at your own risk.

Our intent is and always has been to use Dented Art Tokens as a vehicle to provide exclusive access to art and art-related services in connection with associated Dented Art Pieces, for the purpose of innovating the way individuals can collect, interact with, and experience art. NFTs exist in a largely unregulated market. The definition and broader implications of NFTs are still being determined. As such we reserve the right to modify, re-frame, or eliminate the use of Dented Art Tokens, their connection to Dented Art Pieces, and any associated services at any time with or without advance notice, for any reason, intended or unintended.

Dented Feels, LLC cannot represent, warrant, or guarantee that the exclusive access to art and art-related services, provided to individuals with control of a Dented Art Token will always be available, or that said access to art and art-related services, and the function of said services, will always work as expected or intended.

We reserve the right to modify, restrict, or shut down any access to art and art-related services associated with the control of any Dented Art Tokens at any time for any reason, indented or unintended. We hold no liability to you in the case of an inability to access art and art-related services associated with the control of and Dented Art Tokens. You are choosing to control any Dented Art Token, and utilize any associated access to art and art-related services at your own risk.

Dream Machine and Dented Dreams

“Dream Machine” is an exclusive service that allows the user to strategically generate a new Dented Dream based on the Dented Art Tokens within their control.
Users access the Dream Machine by interacting with a user-end interface on our Website that provides a simple process through which the user can input specific Dented Art Tokens and associated Dented Art Pieces, including, but not limited to, Dented Feels and Mood Swing, in exchange for the creation of a new user-curated Dented Dream.
While you enjoy your Dented Dream, the Dented Art Tokens you put into the Dream Machine (the “Sleeping Tokens”) will be locked within the custody of the Dream Machine. The unique Dented Dream created when you input your Dented Art Tokens is the only key to retrieve the corresponding Sleeping Tokens used to create it. As such, the owner of the Dented Dream is also recognized as the owner of the corresponding Sleeping Tokens.

A transfer of ownership of a Dented Dream is also a transfer of ownership of the corresponding Sleeping Tokens. You bear the risk of loss of your Sleeping Tokens while they are in the Dream Machine. The Sleeping Tokens will be automatically released to the user that inputs their corresponding Dented Dream. When a user exchanges their Dented Dream for the corresponding Sleeping Tokens, the Dented Dream is then transferred to a designated bun address, making it unrecoverable indefinitely. This exchange process is referred to as “Waking Up” the Dented Dream. An unrecoverable Dented Dream is referred to as a “Broken Dream” If your Dented Dream is lost or stolen, we have no liability to you, even if a thief uses your Dented Dream to unlock your Sleeping Tokens.

If you attempt to interact with the Dream Machine by circumventing the user-end interface on our Website, we bear no responsibility whatsoever for any unintended outcomes of such circumvention. We recommend that you only interact with the Dream Machine through the intended interface as designed on our Website.
By using the Dream Machine, be it through the user-end interface or any form of circumvention of said interface, you recognize Dented Feels, LLC as the sole author and owner of any title and interest in and to any copyright in any artwork associated with all Dented Dreams, including any underlying artwork used in the creation of a Dented Dream, as well as the artwork of the Dented Dream itself.

We reserve the right to expand and modify Dented Dreams within the Dented Feels Dented Dreams collection at any time with or without advance notice. We also reserve the right to provide access to anyone at any time to use the Dream Machine for its intended purposes of the creation, modification, and expansion of the Dented Feels Dented Dreams collection by way of creating new Dented Dreams or modifying existing Dented Dreams. Dented Feels LLC is not liable to you for any change in speculative value associated with any expansion or modification to any of the Dented Dreams within the Dented Feels Dented Dreams collection.
Dented Feels, LLC cannot represent, warrant, or guarantee that the Dream Machine will always be available or that it will always work as expected or intended. We reserve the right to modify, restrict, or shut down the Dream Machine at any time for any reason, indented or unintended. We hold no liability to you in the case of your inability to exchange or retrieve any Dented Art Tokens associated with use of the Dream Machine. You are using the Dream Machine at your own risk.

Open Pack Process and Mood Swings

“Open Pack Process” refers to the one-way process of changing the state of a Mood Swing from a Trait Pack to a Trait Card. Users can access the Open Pack Process by interacting with a user-end interface on our Website.

Trait Packs are associated with an exclusive access to a limited supply of unclaimed trait cards (“Unclaimed Cards”) within a designated sub-collection of the Dented Feels Mood Swings collection. By using the Open Pack Process you are voluntarily and permanently altering the Dented Art Piece associated with your Dented Art Token, by way of exchanging your Trait Pack for one of the Unclaimed Cards.

Prior to the use of the Open Pack Process, a Trait Pack does not have any unique Trait Card associated with it. As such, the owner of a Trait Pack is not an owner of a Trait Card. The Unclaimed Card that is accessed upon use of the Open Pack Process is randomly selected the moment the user initiates the Open Pack Process. Dented Feels, LLC is not responsible for any change in speculative value that may arise from the use of the Open Pack Process.

If you attempt to interact with the Open Pack Process by circumventing the user-end interface on our Website, we bear no responsibility whatsoever for any unintended outcomes of such circumvention. We recommend that you only interact with the Open Pack Process through the intended interface as designed on our Website.
By using the Open Pack Process, be it through the user-end interface or any form of circumvention of said interface, you recognize Dented Feels, LLC as the sole author and owner of any title and interest in and to any copyright in any artwork associated with all Mood Swings.

We reserve the right to expand and modify Moods Swings within the Dented Feels Mood Swings collection at any time with or without advance notice. We also reserve the right to provide access to anyone at any time to use the Pack Open Process for its intended purposes of changing the state of a Mood Swing from a Trait Pack to a Trait Card. Dented Feels, LLC is not liable to you for any change in speculative value associated with any expansion or modification to any of the Mood Swings within the Dented Feels Mood Swings collection.

We reserve the right to expand, modify, or remove any of the unclaimed cards within the designated sub-collection associated with any actively owned Trait Packs within Dented Feels Mood Swings at any time for any reason, indented or unintended.

Dented Fees, LLC cannot represent, warrant, or guarantee that the Open Pack Process will always be available or that it will always work as expected or intended. We reserve the right to modify, restrict, or shut down the Open Pack Process at any time for any reason, indented or unintended. We hold no liability to you in the case that a Trait Pack is unable to be exchanged for a Trait Card. You are using (or not using) the Open Pack Process at your own risk.

Changes to the terms of use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Terms of Use means that you agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, including the Dream Machine, the Feels Shop (Reward Shop), and all associated services contained therein, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or the providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

We own the copyright to all digital artworks (each, an “Artwork”). Purchasing an NFT or token (collectively, “NFT”) is not a purchase of the copyright to the Artwork. The ownership of any Artwork associated with any of the Dented Art tokens, is not an ownership of the copyright to the Artwork.

Other than the exchange of tokens in the Dream Machine, you must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website, unless specifically stated otherwise on the website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

You must not use the words “Dented Feels” and all related names, logos, product and service names, designs, and slogans without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website in any way that: · Violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). · Engages in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm us or users of the Website, or expose them to liability.

Monitoring and Enforcement; Termination

We have the right to: · Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. · Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website. · Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD AND OUR AFFILIATES, LICENSEES, AND SERVICE PROVIDERS HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FORGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our prior written consent.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website

The Website may contain links other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Disclaimer of Warranties

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL WE, OR OUR AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct and does not affect any liability that cannot be excluded or limited under applicable law.

Indemnification

You agree to defend, indemnify, and hold us and our affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your use of the Dream Machine, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the laws of the State of Washington, without giving effect to its or any other jurisdiction’s conflict of law provision.

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted in and you agree to the personal jurisdiction of the state courts located in King County, Washington or the federal court in the Western District of Washington.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Severability

If any provision of these Terms of Use is held to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.