Collector Terms

Last updated: April 17, 2023

These Collector Terms govern the rights of owners of non-fungible tokens minted on distributed digital ledgers or blockchains (“NFTs”) that contain or correspond to digital artworks (“Art”) created by Very Large Company, Incorporated LLC (“Big Inc.”) or other artists (each, an “Artist”), which NFTs are first made available through the Site operated by Big Inc. currently located at www.BigInc.business (the “Services,”) and through the Services as further defined in the Terms of Service. Such owners are referred to in these terms as “Collectors.”

If you mint or buy an NFT through the Services, you agree to be bound by these Collector Terms and the Terms of Service, and if you buy or otherwise receive such an NFT from a previous owner, your rights to the NFT and the corresponding Art are governed by these Collector Terms and the Terms of Service.

When we say, “we,” “us” or “our,” we mean Big Inc. and its affiliates and its and their employees, officers, directors, shareholders, agents, representatives, licensors (including Artists), suppliers and service providers.

The Big Inc. NFT minting process is by application only. You must apply through the Site in order to be eligible to mint a Big Inc. NFT. A limited number of applicants will be selected by Big Inc. in its sole discretion. The selection criteria is random and submitting an application is no guarantee of participation in the Big Inc. NFT mint. You are under no obligation to purchase an NFT if selected. All Big Inc. NFT purchases are final.

If you mint or buy an NFT through the Services, the blockchain will identify your public blockchain address as the owner of the NFT. Ownership of the NFT is mediated entirely by the Smart Contract and the Ethereum Network: at no point may we seize, freeze, or otherwise modify the ownership of any Big Inc. NFT.

By purchasing a Big Inc. NFT, you represent and confirm that you have read and fully understand the statements made in this Section 3 and its sub-clauses.

1. Digital Assets and Securities. The sale or use of NFTs or virtual coins could be prohibited under applicable securities law. It is possible that existing regulations could be applied, or new regulations could be enacted, affecting blockchain technology-based applications and sales of NFTs or virtual coins such that any aspect of NFT projects could be negatively affected, requiring its modification or discontinuance and potentially resulting in the loss of tokens or token value. SITE NFTS, ART AND DIGITAL ASSETS ARE INTENDED FOR YOUR PERSONAL USE AND ENJOYMENT. YOU SHOULD NOT PURCHASE THEM WITH AN EXPECTATION OF PROFIT, AND WE WILL HAVE NO OBLIGATION TO TAKE ANY ACTION OR MAKE ANY EFFORTS TO CREATE OR ENHANCE THEIR VALUE.
2. NFT Volatility Risks. The value of NFTs can go up or down and there can be a substantial risk that you lose money buying, selling or holding NFTs. You acknowledge and agree that NFTs are volatile and risky, and their trading is affected by many factors outside our or your control. We cannot control the timing of every transaction and you acknowledge that the time of a transaction can affect the value of the NFT or the fees associated with a transaction or both. You hereby agree that you hold us harmless against any and all claims arising from the transaction of your NFTs, or the timing of such transactions. You are solely responsible for any transactions, and for all fees that you may incur as a result of your acquisition or sales of NFTs. You should carefully consider whether trading or holding NFTs is suitable for you in light of your financial condition. We make no promise that any NFT you purchase will be worth anything. You therefore buy, sell or hold any NFTs through the Services at your own risk.
3. Experimental Technologies Certain transactions, including but not limited to primary sales, secondary market sales, listings, offers, bids, acceptances, and other operations through the Services utilize experimental smart contract and blockchain technology, including non-fungible tokens, cryptocurrencies, consensus algorithms, and decentralized or peer-to-peer networks and systems. Collectors acknowledge and agree that such technologies are experimental, speculative, and inherently risky. Collectors acknowledge and agree that the NFTs may be subject to bugs, malfunctions, timing errors, hacking and theft, or changes to the protocol rules of the Ethereum blockchain (i.e., “forks”), which can adversely affect the smart contracts and may expose you to a risk of total loss, forfeiture of your digital currency or NFTs, or lost opportunities to buy or sell NFTs. Big Inc. assumes no liability or responsibility for any such smart contract or related failures, risks, or uncertainties.
4. No Guarantees or Future Promises. While Big Inc. may release a roadmap outlining future goals and plans for community development, we cannot guarantee to accomplish every item outlined during the pre-launch planning phase as ideas and projects evolve organically. You agree that your purchase of a Big Inc. NFT from our initial launch of 1,000 NFTs is all you are guaranteed to receive with your initial purchase, whether through primary or secondary channels. Any future benefits are ancillary to this purchase and not to be taken into consideration with your initial purchase. You agree that you are not relying on any future commitments by Big Inc. in participating in our NFT launch.
5. Taxes. Each Collector is solely and entirely responsible for any and all Federal or State tax liabilities which may arise, be imposed, or enforced by the Collector’s country of residence as a result of minting or reselling Big Inc. NFTs.

These Collector Terms, together with the Terms of Service, Privacy Policy and all other policies posted on or referred to on the Services, constitute the entire agreement between you and us relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter.