NFT TERMS & CONDITIONS

By acquiring, claiming, or transferring a non-fungible token (“NFT”) associated with the B.I. COLLECTION AG Content (as defined below), you agree to these terms and conditions (the “Terms”) between you and B.I. COLLECTION AG (“B.I. COLLECTION AG”).

Limited License to the B.I. COLLECTION AG Content. Each NFT is a blockchain-based digital token that is associated with a certain digital work of authorship or content (“B.I. COLLECTION AG Content”). The B.I. COLLECTION AG Content is exclusively owned or controlled by B.I. COLLECTION AG separate from the associated NFT, and as between you and B.I. COLLECTION AG, B.I. COLLECTION AG and its licensor(s) own all right, title, and interest in the B.I. COLLECTION AG Content and all intellectual property rights related thereto. B.I. COLLECTION AG reserves all rights in and to the B.I. COLLECTION AG Content not expressly granted to you herein. The NFT is separate from the B.I. COLLECTION AG Content, and no ownership right is transferred to you in the B.I. COLLECTION AG Content.

Subject to your compliance with these Terms and to the extent of B.I. COLLECTION AG’s right and ability to grant such license, B.I. COLLECTION AG hereby grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to view, digitally copy, and display the B.I. COLLECTION AG Content for the duration of your ownership of the NFT: (i) for your own personal, non-commercial use, and (ii) as part of a marketplace that permits the display, purchase, and sale of NFTs, provided the marketplace has mechanisms in place to verify the owners’ rights to display and sell such NFTs. Notwithstanding the above limitation on digital-only copies, you may make one physical print of the B.I. COLLECTION AG Content for your own personal, non-commercial use to be retained so long as you own the associated NFT. You have no right to make any use of the B.I. COLLECTION AG Content other than as set forth in these Terms, and you will not in any way dispute or do anything to challenge, or impair the validity of B.I. COLLECTION AG’s rights in the B.I. COLLECTION AG Content.

Without limiting the foregoing, you may not use the B.I. COLLECTION AG Content or any trademarks, logos, names, likenesses, images, characters, art work, or other embedded intellectual property contained within the B.I. COLLECTION AG Content, with any business, product, or service, or in any manner that may imply endorsement of any business, message, product, or service, or that is likely to cause confusion or dilute, blur, or tarnish any such trademarks contained therein, including those of B.I. COLLECTION AG. Your use of such intellectual property is subject to the rights granted above and any additional restrictions imposed by the owner(s) of such intellectual property. All use of the B.I. COLLECTION AG Content and related intellectual property, including any goodwill generated by such use, will inure to the benefit of B.I. COLLECTION AG and its licensors.B.I. COLLECTION AG may, from time to time and in its sole discretion, grant additional rights or further limit your rights in the NFT or the B.I. COLLECTION AG Content.B.I. COLLECTION AG may store the B.I. COLLECTION AG Content at a specified IPFS or URL, but B.I. COLLECTION AG has no obligation to provide or maintain such IPFS or URL, and you further acknowledge and agree that any such IPFS or URL is subject to the disclaimer and limitation of liability set forth in Sections 4 and 5. B.I. COLLECTION AG may update the B.I. COLLECTION AG Content associated with an NFT or stored at an IPFS or URL, including, but not limited to, upon verification of your purchase of a qualifying B.I. COLLECTION AG vehicle, at which point it will make reasonable efforts to provide notice of any such update.
Additional Benefits. Prior to the release of the NFT or at any time thereafter, B.I. COLLECTION AG or and other third parties have the right, but not the obligation, to make additional content, items, or other rights or benefits available to holders of the NFT (“Additional Benefit”). Any Additional Benefits are not guaranteed and may be subject to further terms, conditions, purchase, or application.
Restrictions. You agree that you may not, or permit any third party to do or attempt, any of the following without B.I. COLLECTION AG’s prior express written consent in each case:
1. Modify, edit, alter, manipulate, reproduce, commercialize, distribute or reuse the B.I. COLLECTION AG Content or NFT, in whole or in part, in any way, including without limitation, any art, design, drawings, or other intellectual property contained in the B.I. COLLECTION AG Content, except as otherwise expressly set forth in these Terms;
2. Use the B.I. COLLECTION AG Content or NFT, in whole or in part, to advertise, market, promote, reproduce, offer, sell, or distribute for commercial gain any product or service in any manner or media, whether for your own commercial benefit or that of any third party or otherwise;
3. Use the B.I. COLLECTION AG Content or NFT in connection with any content, images, videos, or other forms of media that (i) depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or be considered abusive, defamatory, discriminatory, ethnically or racially offensive, harassing, harmful, obscene, offensive, sexually explicit, threatening, or vulgar; (ii) contain any other material, products, or services that violate or encourage conduct that would violate any criminal or other applicable laws; (iii) violate or infringe on any third-party rights; or (iv) violate B.I. COLLECTION AG’s policies and guidelines.
4. Create, display, advertise, market, promote, display, distribute, reproduce, or sell any derivative works of the B.I. COLLECTION AG Content or NFT (including any fractionalized interests in the B.I. COLLECTION AG Content or NFT), or any merchandise of any kind that includes, contains, uses, incorporates, or consists of the B.I. COLLECTION AG Content or NFT;
5. Use the B.I. COLLECTION AG Content in movies, videos, games, or any other forms of media, except to the limited extent that such use is solely for your own personal, non-commercial purposes.
6. Apply for, register, or otherwise use or attempt to use the B.I. COLLECTION AG Content or NFT, any other intellectual property owned by or associated with B.I. COLLECTION AG or its affiliates or subsidiaries or their other products or services, in whole or in part, as a trademark anywhere in the world, or attempt to copyright or otherwise acquire additional intellectual property rights in or to the B.I. COLLECTION AG Content or NFT;
7. Challenge B.I. COLLECTION AG’s rights with respect to the B.I. COLLECTION AG Content, including but not limited to the ownership or validity thereof;
8. Make any additional representations or warranties to any third-party relating to the B.I. COLLECTION AG Content or NFT except those contained in these Terms; and
9. Display, copy, or otherwise use the B.I. COLLECTION AG Content or NFT, except in connection with the limited license granted hereunder, without B.I. COLLECTION AG’s prior express written approval for such use.

If you sell, trade, donate, or transfer the NFT, you must provide prominent notice of these Terms to the receiving party.

B.I. COLLECTION AG may use or implement technical measures with respect to the security of the B.I. COLLECTION AG Content, and you will not take any action to interfere with, circumvent, disable or otherwise obstruct any such security-related features or other digital rights management functions associated with the B.I. COLLECTION AG Content.

DISCLAIMER. B.I. COLLECTION AG makes the NFT, B.I. COLLECTION AG content, license, any associated website, as well as any additional benefit provided by B.I. COLLECTION AG or any third-party in connection with owning the NFT, available “as is” and expressly disclaims any and all representations or warranties of any kind, express or implied, including, without limitation, any warranties of title, non- infringement, merchantability, or fitness for a particular purpose, and any warranties arising from course of performance, course of dealing, or usage in trade. You assume the entire risk of your use of the B.I. COLLECTION AG content and NFT.
LIMITATION OF LIABILITY.
1. In no event will B.I. COLLECTION AG or its affiliates be liable , whether under any theory ofliability, for any special, incidental, indirect, or consequential damages, loss of revenue or profits, loss of data, or other loss of business, even if such party is notified in advance of such possibility, arising out of these terms.
2. B.I. COLLECTION AG does not own or control any of the software protocols, services, exchanges, or applications that may be used in connection with the NFT, including any cryptocurrency wallet, third-party server on which media relating to the B.I. COLLECTION AG content is stored, or third-party marketplaces (“third-party services”). B.I. COLLECTION AG disclaims all liability relating to the third-party services, as well as any price fluctuations in NFT valuation, and makes no guarantees regarding the security, functionality, or availability of the third-party services. You hereby waive and release any and all claims arising out of or in connection with any third-party services or the transfer, loss, or theft of any NFT.
Indemnity. You agree that you shall defend, indemnify and hold harmless B.I. COLLECTION AG and its affiliates, and its and their respective directors, officers, employees, licensors, content providers, agents , and representatives, from any claim or action arising from: (i) your breach or alleged breach of these Terms, (ii) your ownership of the NFT, (iii) your transfer or attempted transfer of the NFT, or (iv) the exercise of any rights granted in these Terms; (v) your violation or anticipatory violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental and quasi-governmental authorities in connection with your use or interaction with the NFT; or (vi) any misrepresentation made by you.
NOT A SECURITY. The NFT and B.I. COLLECTION AG content are intended for consumer enjoyment, use, and consumption only. The NFT is not a “security,” as defined by the FINMA.
Term. The license granted in these Terms applies only to the extent that you continue to own the applicable NFT. If at any time you sell, trade, donate, transfer, or otherwise dispose of your NFT for any reason, the license will immediately terminate, and you will have no further right in the B.I. COLLECTION AG Content or the NFT. If you breach these Terms, as determined by B.I. COLLECTION AG in its sole discretion, your rights under these Terms will immediately terminate without any requirement of notice. Upon termination of your license rights you must immediately cease all use of the NFT and B.I. COLLECTION AG Content, and B.I. COLLECTION AG may prevent your unauthorized use of the B.I. COLLECTION AG Content or NFT. B.I. COLLECTION AG will have no obligation or liability to you for any such actions, and you will not interfere with, or seek to prevent, any such actions.
Restrictions on Transfer. You represent and warrant that you are not now and have never been a Blocked Person or acting on behalf of a Blocked Person, and you will not transfer your NFT to a Blocked Person. Should any element of the foregoing representation become untrue during your ownership or custody of the NFT, then you will immediately notify B.I. COLLECTION AG. “Blocked Person” means any person, group, entity, nation or transaction (i) named or listed by any governmental agency as a known or suspected terrorist, terrorist organization, prohibited person, or a “Special Designated National and Blocked Person”, (ii) subject to any economic, trade, or transactional sanctions imposed by any governmental agency, or (iii) otherwise banned or blocked pursuant to any laws that are enforced or administered by any governmental agency.
Amendment. B.I. COLLECTION AG may change any part of these Terms at any time by posting revised Terms on the relevant website. It is your obligation to review these Terms from time to time, and your continued use of the B.I. COLLECTION AG Content or NFT constitutes your agreement to the updated Terms.
Dispute Resolution. Any controversy, claim or dispute arising out of or related to these Terms or the NFT shall be solely and exclusively submitted to and resolved by the ordinary courts of Basel-Stadt, Switzerland, subject to an appeal to the Swiss Federal Tribunal.
Miscellaneous. These Terms shall be governed by the laws of Switzerland without regard to conflict of law principles. A party’s delay or failure to exercise all or part of any right under these Terms will not constitute a waiver of that right or of any other right. No waiver of any terms contained herein will be valid except in a writing signed by the parties, or their respective approved agents. If any provision of these Terms is deemed invalid that provision will be struck and the remaining provisions of these Terms will remain in full force and effect. These Terms are binding upon and will inure to the benefit and detriment, as applicable, of the parties and their respective licensees and assigns. You agree that, in addition to B.I. COLLECTION AG, any of B.I. COLLECTION AG’s affiliates and licensors associated with the B.I. COLLECTION AG Content will have the right to enforce these Terms and any of its rights hereunder against you.