Article 1 (Definitions)
- The “Service” is a platform that can be jointly used under the “Colorkrew ID” name when using the Colorkrew Services, and is a general term for a management system that distinguishes between user information and user authentication information for Colorkrew Services. Note that part of the Service may include the Colorkrew Services specified in the appendix.
- “Applicant” means a corporation or individual who applies to use the Service after agreeing to the contents of these Terms.
- “User” means an employee of a company or a member of a group or organization to which the Applicant belongs, or an employee of a company or a member of a group or organization approved by the Applicant, who uses the Service.
- “Service Management Screen” means a User’s management page that enables the registering, changing, and setting, etc. of User information.
- “Service Equipment, etc.” means the tangible and intangible equipment (servers, computer programs, hardware, software, lines, and other computer codes, etc.) configured to provide the Service. Unless otherwise specified, Service Equipment, etc. also includes equipment belonging to Colorkrew contractors.
Article 2 (Scope of Application)
- By the Applicant or the Users agreeing to these Terms, a Service usage agreement (hereinafter referred to as the “Usage Agreement”) shall be formed with Colorkrew.
Article 3 (Notifications)
Notifications from Colorkrew to the Applicant relating to the Service shall be sent to the Applicant's e-mail address, or posted on the “news” page on the Service Management Screen or the “news” page of each of the Colorkrew Services, or by any other method that Colorkrew deems appropriate.
Article 4 (Amendments)
- Colorkrew may amend or abolish these Terms as necessary. The amended Terms shall take effect from the time they are posted or published on the Service Management Screen. In the event that Colorkrew determines that the amendments will have a material impact on the Applicant, Colorkrew shall set a reasonable advance notice period and notify the Applicant in advance.
- Even if any of the provisions or any part of these Terms is deemed to be invalid or unenforceable, such judgment shall not affect the remaining parts, and the remaining parts of these Terms shall remain valid and enforceable. Colorkrew and the Applicant shall endeavor to ensure the effect of the equivalent provision or part in accordance with the intent of such invalidated or unenforceable provision or part and agree to be bound by the amended Terms.
- The validity etc. with regard to other Applicants shall not be affected even if any of the provisions or any part of these Terms is deemed to be invalid or unenforceable in relation to a particular Applicant.
Article 5 (Use of the Service)
- The Applicant may use the Service by applying to use the Service using the application method prescribed by Colorkrew and by concluding a Usage Agreement in accordance with the provisions of Article 2.2 of these Terms.
- Colorkrew may refuse to enter into a Usage Agreement if the Applicant falls under any of the following items.
- When false statements are included in the Applicant's application
- When it has been confirmed that an Applicant has impersonated someone else or the same applicant has submitted multiple applications
- When Colorkrew determines that an Applicant falls under Article 17
- When an Applicant is found to have lost eligibility to use the Service or the Colorkrew Services in the past
- In addition to the preceding paragraphs, when it has become clear that an Applicant has breached in the past or is breaching any Usage Agreements or rules, etc. with Colorkrew
- When there is any other hindrance to the performance of Colorkrew's business or technical hindrance
- The period of use of the Service shall be from the time the Usage Agreement takes effect until the date the Usage Agreement is terminated or cancelled. The Service may not be used if the Usage Agreement is terminated or cancelled in accordance with these Terms.
Article 6 (Termination of the Usage Agreement)
- Colorkrew shall terminate the Usage Agreement and suspend the use of the Service if Colorkrew determines that the Applicant falls under any of the following. Colorkrew shall not explain the reason or background to why an applicant is being punished.
- When an Applicant has breached these Terms or the rules of the Colorkrew Services
- When Applicant has died or lost the ability to act (in the case of individual use)
- When an Applicant is subject to an administrative disposition to suspend its business or a revoke its business license or business registration by a supervisory government agency
- When a bill or check has been dishonored, or when payment has otherwise been suspended or is impossible
- When a petition has been or is likely to be filed for the commencement of bankruptcy proceedings, special liquidation proceedings, corporate reorganization proceedings, civil rehabilitation proceedings, or other legal bankruptcy proceedings (including those established after executing the Usage Agreement), or when private liquidation has been or is likely to be initiated
- When an Applicant has been or is likely to be subject to seizure, provisional seizure, provisional disposition, petition for auction, disposition for tax delinquency, or other disposition by governmental authority; provided, however, excluding minor matters that do not significantly affect the performance of the Usage Agreement, etc
- When there has been no response to a communication from Colorkrew for 30 days or more
- When it is discovered that the Service is being used by a third party, regardless of the grounds such as inadequate management, errors in use, assignment, lending, or sharing, etc. by the Applicant
- When Colorkrew judges that the Applicant is inappropriate as an Applicant for the Service based on any other objective fact
- Applicants who withdraw their membership due to the measures referred to in the preceding paragraph shall forfeit the benefit of time at the time of withdrawal and shall immediately perform all obligations owed to Colorkrew.
Article 7 (Cancellation of the Usage Agreement)
- The Applicant may cancel the Usage Agreement by conducting prescribed procedures set forth by Colorkrew.
- Colorkrew Services that include the Service may be used, unless the Usage Agreement is cancelled.
Article 8 (Service Amendment, Suspension, Discontinuation and Abolition)
- Colorkrew may amend the content of the Service in whole or in part or make additions to the Service without notifying the Applicant in advance; provided, however, that Colorkrew does not guarantee that all functions and performance of the Service prior to the change or addition will be maintained as a result of such amendment or additions.
- Colorkrew may suspend provision of the Service without needing to notify or obtain approval from the Applicant in advance when falling under any of the following items.
- When provision of the Service is no longer possible due to Service Equipment, etc. trouble or failures, etc.
- When undertaking emergency maintenance of the Service Equipment, etc.
- When unavoidable due to operational or technical reasons
- When provision of the Service is no longer possible due to a natural disaster or other force majeure
- When provision of the Service is no longer possible due to acts by a third party that intentionally damage the functions of the Service Equipment, etc. (cyber terrorism, etc.)
- When Colorkrew otherwise reasonably determines that the Service needs to be discontinued or suspended
- Even when Colorkrew suspends or discontinues provision of the Service for any of the reasons set forth in the preceding paragraph and the Applicant, User, or any other third party suffers loss or damage, Colorkrew shall not compensate for such loss or damage, except when there is intent or gross negligence by Colorkrew (meaning gross negligence that can be equated as intentional, and the same applies hereinafter).
- Colorkrew may abolish the Service in whole or in part when falling under any of the following items. In such case, amendments to these Terms shall be subject to the provisions of Article 4.
- When the Applicant has been notified at least 30 days prior to the date of abolition
- When the Service cannot be provided due to a natural disaster or other force majeure
- When Colorkrew otherwise deems abolition to be unavoidabl
Article 9 (User Registration)
- The Applicant shall register the User's use of the Service from the Service Management Screen in order for the User to use the Service. The Applicant is responsible for updating User information by newly registering, amending, or deleting User information.
- The Applicant shall give appropriate guidance and supervision to the User in order to properly use the Service.
- The Applicant and the company, group or organization, etc. to which the Applicant belongs shall be liable for any loss or damage incurred by a third party, regardless of the reason such as inadequate management of the use of the Service, errors in use, assignment, lending, or sharing, etc., and Colorkrew shall accept no responsibility whatsoever.
Article 10 (Management of Login IDs and Passwords for the Service)
- The Applicant and the User shall be responsible for strictly managing their login IDs and passwords to prevent unauthorized use by third parties.
- Any acts taken on the Service using login IDs and passwords shall be deemed to be acts by the Applicant or User.
- Colorkrew shall accept no responsibility for any loss or damage caused by inadequate management of login IDs and passwords.
- The Applicant and the User may not lend, assign, sell, pledge, or allow a third party to use their account on the Service.
Article 11 (Amendments to Applicant Information)
If there is any change to registered information, the Applicant shall promptly notify Colorkrew of the change using a method specified by Colorkrew. Colorkrew shall accept no responsibility whatsoever for any loss or damage caused by the Applicant’s failure to make changes.
Colorkrew may use a technology called cookies when providing the Service. In such case, the Applicant and the User agree that cookies shall be used in the Applicant's or the User's PC or mobile device.
Article 13 (Prohibited Acts)
- The Applicant shall not engage in any of the following acts or cause the User to engage in any of the following acts with regard to the use of the Service.
- Acts that analyze, alter, falsify, or delete information contained in the contents of the Service or the Service Equipment, etc.
- Acts that provide or resell the Service to a third party in whole or in part
- Acts that infringe or are likely to infringe the copyrights, trademarks, or other intellectual property rights or other rights of Colorkrew or a third party
- Acts that cause serious loss or damage to the Service or the Service Equipment, etc., such as acts that transmit harmful computer programs such as viruses, etc.
- Acts that interfere with the operation of the Service
- Acts that are contrary to public order and morals, or acts that provide information that is contrary to public order and morals to a third party
- Criminal acts or acts that increase criminal acts
- Other acts in conflict with law
- Acts that cause inconvenience or disadvantage to Colorkrew, other Applicants or Users for the Service, or third parties
- Acts that violate the details in these Terms
- Other acts that Colorkrew deems inappropriate
- Determination of whether an act falls under a prohibited act referred to in the preceding paragraph shall be made at the discretion of Colorkrew, and Colorkrew assumes no obligation to explain the criteria for making such determination.
- Colorkrew may take any or all of the measures referred to in each of the following items, without prior notice, if it determines that acts by the Applicant or the User fall under any of the items in paragraph 1.
- Restrict use of the Service
- Withdraw membership due to termination of the Usage Agreement pursuant to Article 6 of these Terms
- Other measures deemed necessary by Colorkrew
- Colorkrew shall accept no responsibility whatsoever for any damages incurred by the Applicant or the User as a result of the measures referred to in the preceding paragraph.
Article 14 (Information Security)
Article 15 (Confidentiality)
- The Applicant and Colorkrew shall strictly and appropriately manage the other party's confidential information (including know-how related to the Service and any of the other party’s confidential technical or business information) obtained in connection with the provision of the Service, and shall not disclose, provide, or leak confidential information to any third party (including Colorkrew’s affiliated companies and subcontractors) without the prior written consent of the other party.
- If the other party gives instructions or the Usage Agreement terminates, the Applicant and Colorkrew shall promptly return or destroy the confidential information after restoring it to its original state in accordance with the other party’s instructions, and shall not use it thereafter.
- Colorkrew may obtain consent from the Applicant and disclose the Applicant's and the User's confidential information to Colorkrew's affiliated companies or subcontractors.
- Colorkrew may use the Applicant’s and the User’s confidential information for the purpose of providing the Service.
Article 16 (Handling of Personal Information)
Article 17 (Exclusion of Anti-social Forces)
- The Applicant represents that the Applicant does not currently fall under an organized crime group, a member of an organized crime group, a person for whom five years have not elapsed since ceasing to be an organized crime group member, an associate member of an organized crime group, a company closely related to an organized crime group, a corporate racketeer, etc., a group engaging in criminal activities under the pretext of conducting social campaigns, or a crime group specialized in intellectual crimes, etc., or any other person equivalent thereto (hereinafter collectively referred to as an “Anti-social Force”), and that the Applicant does not fall under any of the following items, and shall not fall under any of the following items in the future.
- Have relations in which an Anti-social Force is deemed to control management
- Have relations in which an Anti-social Force is deemed to be substantially participating in management
- Have relations in which deemed to be inappropriately using an Anti-social Force such as for the purpose of procuring unjust gain for themselves, their company or a third party, or for the purpose of causing a third party to sustain loss or damage
- Have relations in which deemed to be involved in providing funds, etc. or providing favors, etc. to an Anti-social Force
- Have relations in which officers or a person substantially involved in management has socially reprehensible relations with an Anti-social Force
- The Applicant promises not to engage in any of the following acts itself or by using a third party.
- Violent demands
- Unreasonable demands that go beyond the limits of legal liability
- Threatening behavior or the use of violence in connection with transactions
- Spreading rumors, using fraudulent means or using force to discredit the other party or interfere with the other party's business
- Other acts equivalent to each of the preceding items
- Colorkrew may terminate the Usage Agreement without giving any notice to the Applicant, regardless of whether there are any grounds attributable to Colorkrew, if the Applicant is found to be an Anti-social Force or to fall under any of the items of paragraph 1, or to have engaged in any of the acts that fall under any of the items of the preceding paragraph, or has made a false declaration regarding representations or promises based on the provisions of paragraph 1.
- The Applicant confirms and acknowledges that in the event that Colorkrew terminates the Usage Agreement in accordance with the preceding paragraph, Colorkrew shall not be liable for any loss or damage incurred by the Applicant.
Article 18 (Outsourcing, etc.)
- Colorkrew may outsource work related to the Service to a third party in whole or in part.
- Colorkrew shall accept no responsibility whatsoever for any loss or damage caused by the use of a Third-Party Service when the Applicant or User use the Service.
Article 19 (Warranty Disclaimer and Exemptions)
- Colorkrew shall accept no responsibility whatsoever for the suspension, discontinuation, termination, unavailability or modification of the Service by Colorkrew, the deletion or loss of messages or information sent by the Applicant and the User to the Service, the deletion of the User's registration, the loss of registered data, the failure or damage to equipment due to the use of the Service, or any other loss or damage incurred by the Applicant and the User in connection with the Service, except when due to grounds attributable to Colorkrew.
- Colorkrew shall accept no responsibility for any transactions, communications or disputes, etc. that occur between the Applicant and the User or between the Applicant and a third party in connection with the Service or the Colorkrew Services.
Article 20 (Prohibition of Assignment of Rights and Obligations)
The Applicant shall not assign to, allow succession or assumption by, or pledge as collateral to any third party it’s position under the Usage Agreement or the rights, obligations, credits, or debts under the Usage Agreement, etc., in whole or in part, without obtaining prior written consent from Colorkrew.
Article 21 (Intellectual Property Rights, etc.)
- All intellectual property rights and other rights relating to software, hardware, manuals, know-how, databases, and any other copyrighted works developed or created by Colorkrew or its contractors for the purpose of providing the Service shall belong to Colorkrew, the subcontractor, or any other third party with legitimate rights, and the Applicant shall acknowledge that these copyrighted works are protected by the Copyright Act, the Patent Act, the Trademark Act, treaties, and other laws, regulations, and precedents.
- The Applicant must not engage in any act that infringes on the rights of Colorkrew or its subcontractors with respect to the Service or the Colorkrew Services.
Article 22 (Governing Law)
Article 23 (Consultation and Court with Jurisdiction)
- If a matter arises that is not provided for in these Terms or rules, etc. for the Colorkrew Services, etc. or if any ambiguities arise regarding a matter provided herein, both parties shall consult in good faith to resolve the matter.
- The parties agree in advance that the Tokyo Summary Court or the Tokyo District Court shall be the exclusive court with jurisdiction in the first instance for lawsuits related to ambiguities or matters that cannot be resolved through consultation based on the preceding paragraph, or lawsuits related to disputes that arise in connection with or incidental to the Usage Agreement.
Established: February 17, 2023/Application: March 8, 2023
Established: August 1, 2023/Application: August 28, 2023
＜List of Colorkrew Services＞
・Colorkrew Quiz（special web based service）
＜Special provisions for web based service＞
- Service Description
This is a web service for in-house quizzes aimed at improving company literacy and general knowledge literacy. This service can be used by companies, groups, organizations, etc. that apply for and use the Colorkrew service, and allows users to create a variety of quizzes and visualize the ranking of quiz respondents. The use and handling of this Colorkrew Quiz is subject to the Colorkrew ID Terms of Service.
- Usage Fees
Colorkrew Quiz is a free service.