EN

Terms of Use

These are the terms and conditions for A heaven in a wild flower.

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 “A heaven in a wild flower." These terms and conditions are necessary for the comfortable use of A heaven in a wild flower by all visitors and users and the proper protection of the experience, property, and rights obtained through NEORT.

Article 1 Application of Terms

  1. These Terms of Use (“Terms”) shall apply to any relationship involving the use of our services “A heaven in a wild flower” ("Services") provided by NEORT Corporation (“Company” or “we” or “us”) between us and you("User" or "you").
  2. 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.
  3. If the provisions of these Terms are inconsistent with the Individual Rules, the Individual Rules shall prevail, unless otherwise specified in the Individual Rules.
  4. 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.
  5. 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:

  1. Acts that violate laws and regulations or morality;
  2. Acts related to criminal acts;
  3. 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;
  4. Acts that destruct or disrupt the functionality of servers or networks of us, other Users, or any other third parties;
  5. Acts that make commercial use of the information obtained by the Services without our explicit consent;
  6. Acts of having a third party use or dispose of information obtained by the Services without our explicit consent;
  7. Acts that may interfere with the operation of the Services;
  8. Acts of unauthorized access or attempting such access;
  9. Acts of unjustly collecting, accumulating, disclosing, or providing any information concerning other Users, including personal information, registration status, and usage information;
  10. Acts that use the Services for unlawful purposes;
  11. Acts that cause disadvantage, damage, or discomfort to other Users or any other third parties;
  12. Act of acting as another User or intentionally disseminating false information;
  13. Advertising, soliciting, or conducting business on the Services not licensed by us;
  14. Acts of directly or indirectly benefiting anti-social forces in connection with our services;
  15. Any other acts that we deem inappropriate.

Article 3 Provision of Services

  1. 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 Services.
  2. 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.
  3. 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.
  4. 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

  1. "NFT Content" shall mean the Contents we sell, which we sets the selling price (in units of Ethereum ("ETH")) as NFT (Non-Fungible Token).
  2. 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.
  3. 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 general public.
  4. 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 such omission.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. 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 negligence.

Article 5 No Warranties and Disclaimers

  1. 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.).
  2. 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.
  3. 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.
  4. 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.

Article 7 Amendments to the Terms of Use

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 our Privacy Policy.

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