These are the terms and conditions for Moment.
The following describes the important terms and conditions of use that
apply to all visitors and users of our website and our NFT selling
service “MOMENT." These terms and conditions are necessary for the
comfortable use of Moment by all visitors and users and the proper
protection of the experience, property, and rights obtained through
Article 1 Application of Terms
the use of our services “Moment” ("Services") provided by NEORT
Corporation (“Company” or “we” or “us”) between us and you("User" or
Concerning the Services, we may provide various rules ("Individual
Rules") such as the rules for use or guidelines in addition to these
Terms. The Individual Rules, irrespective of their name, shall form a
part of these Terms.
If the provisions of these Terms are inconsistent with the Individual
Rules, the Individual Rules shall prevail, unless otherwise specified
in the Individual Rules.
Users shall use the Services following the provisions of these Terms
and shall be deemed to have consented validly and irrevocably to these
Terms by actually using the Services.
If the User is a minor, such User shall use the Services with the
consent of the legal representative, such as the person with parental
authority (including consent to these Terms). If we deem it necessary,
you may be required to submit additional documents and/or information
regarding the consent by the legal representative.
Article 2 Prohibitions
Users shall not conduct the following acts when using the Services:
- Acts that violate laws and regulations or morality;
- Acts related to criminal acts;
Acts that infringe the intellectual property rights such as
copyrights, trademarks or patents, privacy rights, honorary rights,
and other legal or contractual rights of us, other Users or any
other third parties;
Acts that destruct or disrupt the functionality of servers or
networks of us, other Users, or any other third parties;
Acts that make commercial use of the information obtained by the
Services without our explicit consent;
Acts of having a third party use or dispose of information obtained
by the Services without our explicit consent;
- Acts that may interfere with the operation of the Services;
- Acts of unauthorized access or attempting such access;
Acts of unjustly collecting, accumulating, disclosing, or providing
any information concerning other Users, including personal
information, registration status, and usage information;
- Acts that use the Services for unlawful purposes;
Acts that cause disadvantage, damage, or discomfort to other Users
or any other third parties;
Act of acting as another User or intentionally disseminating false
Advertising, soliciting, or conducting business on the Services not
licensed by us;
Acts of directly or indirectly benefiting anti-social forces in
connection with our services;
- Any other acts that we deem inappropriate.
Article 3 Provision of Services
The User shall, at its own expense and responsibility, provide the
necessary computers, mobile phones, communications equipment,
operational systems, communications measures, and power to use the
We may provide the Services, in whole or in part, only to those Users
who meet such conditions as we deem necessary, such as age, identity
verification, registration information, or otherwise.
We may change the contents of all or any part of the Services, suspend
or interrupt the provision thereof as we deem necessary, at any time
without prior notice to Users.
We shall not be liable for any disadvantages or damages suffered by
Users or third parties as a result of the suspension or interruption
of the provision of the Services.
Article 4 Sale of NFT Content
"NFT Content" shall mean the Contents we sell, which we sets the
selling price (in units of Ethereum ("ETH")) as NFT (Non-Fungible
An exchange agreement for the NFT Content and ETH shall be entered
into between the Buyer and us when the Buyer expresses his/her
intention to purchase the NFT Content on our website (when the Buyer
clicks the "Confirm" button on the MetaMask screen). When the exchange
agreement is concluded, the Buyer shall exchange his/her ETH in the
Wallet (as defined below) with the NFT Content to us, and the balance
of the ETH in the Wallet of the Buyer shall decrease at the time the
exchange agreement is concluded.
After the conclusion of the exchange agreement stipulated in 4.2., the
Seller shall grant the Buyer a non-exclusive license to publicly
display the said NFT Content, either by himself/herself or by a third
party, for the period during which the said NFT Content is owned by
the Buyer. However, this shall not apply to the case where the display
of the NFT Content is permanently installed on a street, park, or
other outdoor location open to the general public, or the exterior
wall of a building or other outdoor location easily visible by the
The Buyer may omit the indication of the name of the author of the NFT
Content in the display as provided in 4.3., and the Seller agrees to
The NFT Content purchased through the Services may be sold to a third
party in a secondary market other than the Services, such as OpenSea.
In addition to the sales price specified for each NFT Content, the
Buyer shall bear the cost of gas for issuance of NFT Contents. The
Buyer shall bear the actual cost of such gas regardless of the
estimated cost provided by the Company, and the Company shall not be
liable for any deviation from such estimated cost due to a sharp rise
in the cost of gas.
The Company shall promptly issue NFT upon the conclusion of the
exchange contract as stipulated in 4.3. The issuance of NFTs may be
delayed due to block generation status or other reasons.
Before selling or purchasing NFT Content, Seller and Buyer shall link
the "MetaMask" wallet ("Wallet") to their accounts on the Services.
The Wallet may be linked from the account settings.
The Company does not provide the Wallet or any functions similar to
the Wallet to the User, and the User shall use the Wallet at his/her
responsibility and expense. The Company shall not be liable for any
damages incurred by the User in connection with the use of the Wallet,
except in cases based on the Company's intentional or gross
Article 5 No Warranties and Disclaimers
We do not expressly or impliedly guarantee that there are no de facto
or legal defects in the Services (including, without limitation,
defects in safety, reliability, accuracy, completeness, validity,
fitness for a particular purpose, security, etc., errors, bugs,
infringements of rights, etc.).
We shall not be liable for any damage caused to Users resulting from
the Services. However, this exemption does not apply if the agreement
between us and the User regarding the Services (including these Terms)
becomes a consumer contract as provided in the Consumer Contract Act.
Even in the cases outlined in 5.2., we shall not be liable for any
damage (including the case where we or the User foresees or may
foresee the occurrence of any damage) arising from a special
circumstance among the damage caused to the User by default or tort
due to our negligence (excluding gross negligence). In addition, for
compensation for damage caused to the User due to default or tort due
to our negligence (excluding gross negligence), the number of usage
fees received from the User in the month in which such damage occurred
shall be limited to the amount of such damage.
We are not responsible for any transactions, communications, or
disputes that may arise between a User and other Users or third
parties concerning the Services.
Article 6 Change of Content of the Services
We shall be able to modify the contents of the Services or discontinue
the provision of the Services without notice to Users and shall not be
liable for any damage caused to Users.
We may, if we deem it necessary, modify these Terms (including the
Individual Rules) at any time without notifying Users. If the use of the
Services commences after the amendment of these Terms, such User shall
be deemed to have agreed to the amended Terms.
Article 8 Handling of Personal Information
We shall properly handle the privacy information and personal
information obtained through the use of the Services in accordance with
Article 9 No Assignment
Users may not assign or pledge to any third party any status relating to
the use of the Services or any rights or obligations under these Terms
without our prior written consent.
Article 10 Governing law and jurisdiction
These Terms shall be construed by the laws of Japan. In the event of a
dispute regarding the Services, the Tokyo District Court or the Tokyo
Summary Court shall be the exclusive jurisdiction of the first instance.
- Established March 24, 2022