Important:

The English version of the Terms of Use is currently under preparation. Therefore, the Japanese version of the Terms of Use will take precedence over the English version.

These terms and conditions of use (hereinafter referred to as the "Terms of Use") set forth the terms and conditions of all services provided by ColorMagic (hereinafter referred to as the "Organization") under the ColorMagic service name (hereinafter referred to as the "Service") and the rights and obligations between the Organization and all registered users. In order to use the Services, you must read and agree to these Terms of Use in their entirety.

Article 1 (Application)

  1. The purpose of this Agreement is to define the terms and conditions of the Service and the relationship of rights and obligations between the Organization and the registered user regarding the use of the Service, and shall apply to all relationships between the registered user and the Organization regarding the use of the Service.
  2. Rules regarding the use of the Service posted by the Organization within the Service shall constitute a part of this Agreement.
  3. If there is any discrepancy between the contents of this Agreement and the rules and other descriptions of the Service outside of this Agreement, the provisions of this Agreement shall take precedence over such discrepancy.

Article 2 (Definitions)

The following terms used in this Agreement shall have the meanings set forth below.

  • "Service Usage Contract" means the contract for the use of the Service between the Organization and a Registered User, which is made under the terms and conditions of this Agreement.
  • "Intellectual Property Rights" means copyrights, patent rights, utility model rights, design rights, trademark rights, and other intellectual property rights (including the right to acquire such rights or to apply for registration of such rights).
  • "Posted Data" means any content (including but not limited to text, images, video, and other data) posted or otherwise transmitted by Registered Users using the Service.
  • "Registered User" means an individual or legal entity that has registered as a user of the Service in accordance with Article 3 (Registration).

Article 3 (Registration)

  1. A person who wishes to use the Service (hereinafter referred to as "Prospective User") agrees to comply with these Terms of Use and provides the Organization with certain information as specified by the Organization (hereinafter referred to as "Registration Matters") in the manner specified by the Organization.
  2. The Organization shall grant an account to the applicant who has applied for registration in accordance with paragraph 1.
  3. Upon completion of the registration, a service use agreement will be established between the registered user and the Organization, allowing them to use the Service in accordance with these Terms of Use.
  4. The Organization may refuse registration or re-registration for reasons including false information or other criteria outlined by the Organization.

Article 4 (Change of registered matters)

Registered Users shall notify the Organization without delay of any changes to their registered information in the manner prescribed by the Organization.

Article 5 (Management of Account)

  1. Registered Users shall, at their own responsibility, properly manage and store account information and passwords for external services related to the Service.
  2. The Organization shall deem that a registered user with such account has used the Service when the Organization confirms that the Identity Confirmation Information matches.
  3. The Organization shall not be liable for any damage caused by inadequate management of personal identification information.

Article 6 (Prohibited Matters)

In using the Service, Registered Users shall not engage in any of the following acts or acts that the Organization deems to fall under any of the following items:

  • Actions that violate laws and regulations or are related to criminal acts
  • Fraud or threats against the Organization, other users of the Service, or other third parties
  • Acts that offend public order and morals
  • Infringement of intellectual property rights, portrait rights, rights of privacy, honor, or other rights or interests of the Organization, other users of the Service, or other third parties
  • Transmitting harmful information to the Organization or other users
  • Reverse engineering or unauthorized analysis of software provided by the Organization
  • Unauthorized access to the Organization's systems
  • Advertising or conducting business on the Service without the Organization's prior consent
  • Any other actions deemed inappropriate by the Organization

Article 7 (Suspension of the Service)

The Organization may suspend or discontinue the Service without prior notice in cases such as system maintenance, emergencies, or other circumstances as deemed necessary.

Article 8 (Attribution of Rights)

  1. All intellectual property rights related to the Service belong to the Organization or its licensors.
  2. The Registered User grants the Organization a worldwide, non-exclusive, royalty-free license to use posted data.

Article 9 (Termination of Registration)

  1. The Organization may terminate a user's registration if they violate the Terms of Use or other criteria outlined.

Article 10 (Withdrawal from Membership)

Registered users may withdraw from the Service following the procedure prescribed by the Organization.

Article 11 (Changes to the Service)

The Organization may change or terminate the Service at its discretion and will not be liable for any resulting damages.

Article 12 (Disclaimer of Liability)

  1. The Organization does not warrant that the Service will meet the Registered User's expectations or be free from defects.
  2. In no event shall the Organization be liable for damages exceeding the amount paid by the Registered User in the last six months.

Article 13 (Confidentiality)

Registered Users shall keep confidential any non-public information disclosed by the Organization in connection with the Service.

Article 14 (Handling of User Information)

The handling of user information is governed by the privacy policy of the Service.

Article 15 (Modification of Terms of Use)

The Organization may modify these Terms of Use as necessary. Continued use of the Service after any changes indicates agreement to the modified terms.

Article 16 (Communication/Notice)

Communication from the Organization to the Registered User will be made via the contact information provided during registration.

Article 17 (Transfer of Status)

Registered Users may not transfer their rights or obligations under the Service Usage Contract without prior consent from the Organization.

Article 18 (Severability)

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in effect.

Article 19 (Governing Law and Jurisdiction)

This Agreement shall be governed by the laws of Japan, with the district court having jurisdiction over the Organization's location serving as the exclusive court of first instance for any disputes.

Adopted January 25, 2023