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 Nucumo (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)
- 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.
- Rules regarding the use of the Service posted by the Organization within the Service shall constitute a part of this Agreement.
- 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.
(1) "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.
(2) "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).
(3) "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.
(4) "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)
- a person who wishes to use the Service (hereinafter referred to as a "Prospective User") (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. The Organization may register the applicant for use of the Service by agreeing to abide by the Terms and Conditions and providing the Organization with certain information as determined by the Organization (hereinafter referred to as "Registration Matters") in a manner determined by the Organization.
- The Organization shall grant an account to the applicant who has applied for registration in accordance with paragraph 1 (hereinafter referred to as "applicant for registration") The Organization will grant an account to the applicant who has applied for registration in accordance with Section 1 ("Applicant"). The registration of the Applicant as a registered user shall be deemed to be completed when the account is granted.
- Upon completion of the registration as stipulated in the preceding paragraph, a service use agreement will be established between the registered user and the Organization, and the registered user will be able to use the Service in accordance with these Terms of Use.
- The Organization may refuse registration or re-registration of a registered user for any of the following reasons, and shall not be obligated to disclose any reasons for such refusal:
(1) If all or part of the registration information provided to the Organization is false, erroneous, or omitted.
(2) The applicant is a minor, an adult ward, a person under curatorship, or a person under assistance, and has not obtained the consent of a legal representative, guardian, curator, or assistant.
(3) If you are an anti-social force, etc. (meaning a crime syndicate, a member of a crime syndicate, a right-wing organization, an anti-social force, or any other similar person. The same shall apply hereinafter).
(4) If the Organization determines that the person is a person who has violated a contract with the Organization in the past or is related to such a person.
(5) If the applicant has been subjected to any of the measures stipulated in Article 9.
(6) If the Organization judges that the registration is not appropriate for any other reason.
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)
- Registered Users shall, at their own responsibility, properly manage and store account information and passwords for external services related to the Service (hereinafter referred to as "Identity Confirmation Information"). The Registered User shall properly manage and store the account information and password (hereinafter referred to as "Identity Confirmation Information") for external services related to the Service, and shall not allow a third party to use such information, or lend, transfer, change the name of, sell, or otherwise dispose of such information.
- 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.
- The Organization shall not be liable for any damage caused by inadequate management of personal identification information, errors in use, use by a third party, etc., and the Registered User shall be responsible for such damage.
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.
(1) Actions that violate laws and regulations or are related to criminal acts
(2) Fraud or threats against the Organization, other users of the Service, or other third parties
(3) Acts that offend public order and morals
(4) 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.
(5) Transmitting information to the Organization or other users of the Service through the Service that falls under or is judged by the Organization to fall under any of the following
- Information that contains excessively violent or cruel expressions
- Information that contains computer viruses or other harmful computer programs.
- Information that includes expressions that defame or discredit the Organization, other users of the Service, or other third parties.
- Information that includes excessively obscene expressions
- Information that includes expressions that promote discrimination.
- Information that encourages suicide or self-harm
- Information that encourages the inappropriate use of drugs
- Information including antisocial expressions
- Information that requests the spread of information to third parties, such as chain mail, etc.
- Information that includes expressions that may cause discomfort to others
(6) Information that places an excessive load on the Service's network or system
(7) Reverse engineering or other analysis of software or other systems provided by the Organization
(8) Acts that may interfere with the operation of the Service
(9) Unauthorized access to the Organization's network or systems
(10) Impersonation of a third party
(11) Using the account of another user of the Service
(12) Advertise, advertise, solicit, or conduct business on the Service without the prior consent of the Organization
(13) Collection of information of other users of the Service
(14) Acts that cause disadvantage, damage, or discomfort to the Organization, other users of the Service, or other third parties.
(15) Actions that violate the rules regarding the use of the Service posted on the Service
(16) Providing benefits to antisocial forces, etc.
(17) Actions for the purpose of meeting people of the opposite sex whom one has not met
(18) Directly or indirectly causing or facilitating any of the aforementioned acts
(19) Attempting to do any of the above
(20) Any other acts that the Organization deems inappropriate.
Article 7 (Suspension of the Service, etc.)
- the Organization may suspend or discontinue all or part of the Service without prior notice to registered users in any of the following cases
(1) In case of urgent inspection or maintenance of computer systems related to the Service.
(2) In the event that the Service cannot be operated due to computer or communication line failures, mishandling, excessive concentration of access, unauthorized access, hacking, etc.
(3) In the event that the operation of this service becomes impossible due to force majeure such as earthquake, lightning, fire, windstorm, flood, power outage, or natural disaster
(4) In any other cases where the Organization deems it necessary to suspend or discontinue the Service. - the Organization shall not be liable for any damages incurred by registered users based on actions taken by the Organization in accordance with this Article.
Article 8 (Attribution of Rights)
- all intellectual property rights related to this service belong to this organization or the person who grants a license to this organization, and the permission to use this service based on this agreement does not mean the permission to use the intellectual property rights of this organization or the person who grants a license to this organization related to this service.
- The registered user represents and warrants to the Organization that the registered user has the legal right to post or transmit the posted data, and that the posted data does not infringe on the rights of any third party.
- The registered user grants to the Organization a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works from, display, and perform the posted data. You also grant to other registered users a non-exclusive license to use, reproduce, distribute, create derivative works from, display, and perform any posted data posted or otherwise transmitted by registered users using the Service.
- Registered users agree not to exercise their moral rights against the Organization or any person who has succeeded to or been granted rights by the Organization.
- The Organization reserves the right to use any request or suggestion from the user without the permission of the registered user.
Article 9 (Termination of Registration, etc.)
- the Organization may, without prior notice or demand, delete or hide posted data, temporarily suspend the use of the Service, or terminate the registration of a Registered User if any of the following events occurs
(1) If a registered user violates any of the provisions of these Terms of Use
(2) If any falsehood is found in the registration information
(3) If the Service is suspended or becomes insolvent, or a petition is filed for commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation, or other similar proceedings
(4) If the customer has not used the service for more than 6 months
(5) If the Organization does not respond to inquiries or other communications requesting a response for 30 days or more
(6) If any of the items in Article 3, Paragraph 4 applies.
(7) If the registered user dies
(8) In any other cases where the Organization judges that the use of the Service or the continuation of registration as a registered user is not appropriate. 2.
(2) If any of the events in the preceding paragraph applies, the registered user shall lose the benefit of time for all debts owed to the Organization, and shall immediately pay all debts owed to the Organization. (3) The Organization shall not be responsible for any damage caused by the registered user's failure to pay all debts owed to the Organization. The Organization shall not be liable for any damage caused to the registered user based on the measures taken by the Organization in accordance with this Article.
Article 10 (Withdrawal from membership)
- The registered user may withdraw from the service and delete his/her registration as a registered user by completing the procedure prescribed by the Organization.
- If there is a debt owed to the Organization at the time of withdrawal, the registered user shall lose the benefit of time for all debts owed to the Organization, and shall immediately pay all debts to the Organization.
- The handling of user information after withdrawal from the membership shall be in accordance with the provisions of Article 14.
Article 11 (Change of contents of this service, termination)
- the Organization may change the contents of the Service or terminate the provision of the Service at the convenience of the Organization.
- the Organization shall not be liable for any damage or disadvantage caused to registered users based on actions taken by the Organization in accordance with this Article.
Article 12 (Disclaimer of Warranties and Disclaimer of Liability)
- the organization makes no warranty, express or implied, that the service will be fit for a particular purpose of the registered user; that the service will have the expected functions, commercial value, accuracy, or usefulness; that the registered user's use of the service will comply with applicable laws, regulations, or internal rules of any industry association; that the service will be continuously available; or that defects will not occur. The Organization makes no warranty, express or implied, that the use of the Service by registered users will conform to applicable laws, regulations, or internal rules of any industry association, that the Service will be continuously usable, or that defects will not occur.
- In no event shall the Organization be liable for damages incurred by a registered user in connection with the Service beyond the amount of compensation paid by the registered user to the Organization in the past 6 months, nor shall the Organization be liable for incidental, indirect, special, future, or lost profits damages.
- The Company shall not be liable for any incidental, indirect, special, future, or lost profit damages. The registered user shall be responsible for resolving any transactions, communications, disputes, etc. between the registered user and other registered users or third parties in connection with the service.
- The Organization may establish links from the Service to other websites (hereinafter referred to as "Third Party Sites"). the Organization may post links from the Service to other websites ("Third Party Sites"), and third parties such as affiliated partners may provide links to Third Party Sites in advertisements, etc. on the Service. However, as we do not manage such Third Party Websites, we assume no responsibility for the use of Third Party Websites other than the Service. Furthermore, the Organization is not responsible for the content, advertisements, products, or services provided by the third-party sites. The Organization shall not be held liable to compensate for any damages (including indirect damages) arising out of or in connection with the contents, advertisements, products, services, etc. of the third party sites.
Article 13 (Confidentiality)
Registered Users shall treat as confidential any non-public information disclosed by the Organization to Registered Users in connection with the Service with the request that it be treated as confidential, except with the Organization's prior written consent.
Article 14 (Handling of User Information)
- The handling of user information of registered users by the Organization shall be governed by the separate privacy policy of the Service (https://colormagic.app/privacy), and registered users agree that the Organization shall handle user information of registered users in accordance with this privacy policy. The registered user agrees that the Organization will handle the user information of the registered user in accordance with this privacy policy.
- The Organization may, at its discretion, use and disclose information, data, etc. provided by Registered Users to the Organization as statistical information in a form that does not identify individuals, and Registered Users shall not object to this.
Article 15 (Modification of these Terms of Use, etc.)
The Organization may change these Terms of Use without notice to the Registered Users when deemed necessary by the Organization. Unless otherwise specified by the Organization, the modified Terms of Use shall take effect from the time they are displayed on the Service. If a registered user continues to use the Service after a change in these Terms of Use, the registered user shall be deemed to have agreed to the terms after such change or addition.
Article 16 (Communication/Notice)
- inquiries and other communications or notifications from the registered user to this organization regarding this service, and notifications and other communications or notifications from this organization to the registered user regarding changes in this agreement shall be made in the manner determined by this organization.
- If the Organization contacts or notifies the email address or other contact information included in the registration, the Registered User shall be deemed to have received such contact or notification.
Article 17 (Transfer of Status under Service Usage Contract, etc.)
- Registered Users may not assign, transfer, pledge, or otherwise dispose of their status under the Service Agreement or their rights or obligations under the Service Agreement to any third party without the prior written consent of the Organization.
- If the Organization transfers the business of the Service to another company, the Organization may transfer the status under the Service Agreement, rights and obligations under the Terms of Use, and registered users' registered items and other customer information to the transferee of such business transfer, and registered users shall agree to such transfer in advance in this section. Registered Users shall be deemed to have consented to such transfer in advance in this paragraph. The business transfer stipulated in this section shall include not only ordinary business transfers, but also corporate divestitures and any other cases in which business is transferred.
Article 18 (Severability)
Even if any provision of these Terms and Conditions or part thereof is determined to be invalid or unenforceable under the Consumer Contract Act or other laws and regulations, the remaining provisions of these Terms and Conditions and the remainder of any provision that is determined to be invalid or unenforceable in part shall remain in full force and effect.
Article 19 (Governing Law and Jurisdiction)
- This Agreement shall be governed by and construed in accordance with the laws of Japan.
- the district court having jurisdiction over the location of the Organization shall be the exclusive court of first instance for any and all disputes arising out of or related to these Terms and Conditions.
Adopted January 25, 2023