NicO ・My First Room・
End-User License Agreement

Last updated:August, 19 2024
 
NicO ・My First Room・　("this App") 
 
IMPORTANT: Please read the End-User License Agreement ("this agreement") carefully before installing this App. This contract is between you and HEXADRIVE Inc. ("us", "we" and "our"), and by installing, copying or otherwise using this App, you agree to be bound by the terms of this Agreement. This App is licensed for use under the terms of this Agreement. Before installing this App, make sure that your smartphone meets the minimum technical specifications required for this App to operate properly. Products covered by this Agreement are referred to in this Agreement as game App, additional content, materials, etc., and these are collectively referred to as "this Product".
 
Please note this Product can be used for a limited period, and that the username, ID, and password registered when using this Product may continue to be used in products related to this Product.  For this purpose, we will retain this information. We will not retain any other information, and no other gameplay-related information cannot be transferred to them.
 
Pay special attention to the following points:
- There are limitations on liability in Article 6.
- Article 13 explains how we may collect, store and use your information when you install and use this Product and its accompanying products/features. It also explains how your personal information is protected. By agreeing to this Agreement and installing this Product, you consent to us collecting, storing, using and processing such information in accordance with Section 13 and our Privacy Policy. We handle your personal data with care. We also strongly recommend that you read the privacy policies that apply to you and regularly check for any updates to them.
 

1.     Changes to this Agreement

This Product is provided subject to your compliance with all terms and conditions set forth herein and all other terms and conditions. We may modify this Agreement at our sole discretion at any time and for any reason. We shall notify you of any changes to this Agreement at least 30 days in advance. Any significant changes to this Agreement will be posted on https://code-nico.jp/ for posting changes to this Agreement. If you are unable to accept or comply with any such changes to this Agreement in the future, you may terminate this Agreement in accordance with the provisions of Section 9 "Termination and Survival of Provisions" of this Agreement. Your installation or continued use of any updated or revised version of this Product, or your continued use of this Product after notice of any changes to this Agreement, constitutes your agreement to all such changes to this Agreement.
 
The laws of your jurisdiction may require you to reach the age of majority in your jurisdiction in order to make legally binding arrangements such as the terms of this Agreement.
If you are under the age of majority, you may not continue to use this Product unless your parent or legal guardian confirms and agrees to this Agreement. In addition, applicable local law may require that children under the age of majority be supervised when using this Product. By using this Product, you warrant that you have reached the age at which you can use this Product without supervision. You also warrant that if you are under the required age, your parent or legal guardian will always supervise and monitor your use of this Product.
 

2.     Limited-Use License

Subject to your compliance with the terms and conditions of this Agreement, we hereby grant you a non-exclusive, non-transferable, limited right and license to install, access and use one copy of this Product solely for your personal, non-commercial use. This Agreement also applies to patches, updates and upgrades you obtain for this Product.
 
Any reproduction of this Product or related information or materials in any other server or location in any other form for the purpose of reproduction or distribution is clearly and explicitly prohibited, including, without limitation, under the terms of this Agreement. All rights not expressly granted in this Agreement are reserved by us and our licensors, if applicable.
 
You must not sell or permit this product (or any part thereof) to be sold or otherwise commercially distributed or used (i.e., rented, licensed, sublicensed, leased, disseminated, uploaded, downloaded or transmitted) without prior written consent of one of HEXADRIVE's authorized representatives.
 

3.     Attribution of Rights

All content and materials (including, without limitation, HEXADRIVE logos, any designs, text, graphics, photographs, information, data, software, sound files, and other files, and any selection or arrangement thereof) made available in or through this Product are the property of us or our licensors and are protected by copyright and other intellectual property laws and treaties. Notwithstanding any other provisions of this Agreement, you agree that you do not have any rights or title to the content and materials mentioned above.
 
This Product is protected by Japanese copyright law, international copyright treaties and regulations, and other laws. This Product contains certain licensed material, and we and our licensors may protect our/their rights in the event of a breach of this Agreement.
 

4.     Not for Sale or Transfer

This Agreement does not give you any rights or title to this Product and should not be construed as the sale or transfer of any intellectual property rights contained in or related to this Product.
We do not permit you to transfer this Product, and for the avoidance of doubt, including any transfer of any individual component contained in this Product (including game software, additional content, and written materials). Accordingly, you may not assign, purchase, sell, negotiate, barter, trade, offer to sell, license, transfer, or otherwise separate any of your rights, responsibilities, or obligations under this Agreement, in whole or in part, without our prior written consent.
 

5.     Licensing Terms

You agree to use this Product or any part thereof only in a manner consistent with this Agreement and shall not engage in the following:
 

1. Commercial use of this Product or any portion thereof in internet cafes and computer game centers (including but not limited to other location-based sites).
2. Unless expressly permitted by us, use or allow use of this Product on more than one computer, game console, mobile device or handheld device at the same time.
3. Sell, rent, lease, license, distribute, or otherwise transfer this Product or any copy thereof.
4. Reverse engineer, extract source code from, modify, decompile, disassemble, copy, or create derivative works of all or any part of this Product.
5. Remove, disable, or circumvent any security protection, copyright notice, trademark notice, or other attribution of rights notice or label contained in or on this Product.
6. Export or re-export this Product or its reproductions or adaptations in violation of applicable laws and regulations.
7. Create data or executable programs that imitate the data or functions contained in this Product.

 
If you violate this section, you may be subject to civil and criminal liability as a serious breach of this Agreement and/or applicable copyright and other intellectual property laws and treaties.
 
In addition, you agree to comply with the safety information, maintenance instructions, and other relevant notices contained in the manuals, etc. that come with this Product.
 

6.     NO WARRANTY AND LIMITATION OF LIABILITY

1. NO WARRANTY
• WE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ALL OR ANY PART OF THIS PRODUCT, INCLUDING, BUT NOT LIMITED TO, THE FITNESS OF THE GOODS, SATISFACTORY QUALITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, WE DO NOT GUARANTEE THAT THIS PRODUCT IS ERROR-FREE AND CAN BE USED WITHOUT INTERRUPTION, NOR DO WE GUARANTEE THAT ANY ERRORS IN THIS PRODUCT WILL BE REPAIRED. FURTHERMORE, WE DO NOT GUARANTEE THAT THIS PRODUCT WILL WORK WITH ANY COMPUTER DEVICE. PLEASE REFER TO THE REQUIRED OPERATING ENVIRONMENT DISPLAYED ON THE SALES SITE OF THIS PRODUCT.
  
  
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3. LIMITATION OF LIABILITY
• TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE PROVIDE NO WARRANTIES IN RESPECT OF DAMAGES OR LOSS, WHETHER FORESEEABLE OR UNFORESEEABLE, DIRECT OR INDIRECT, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT OR INCIDENTAL DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR MONETARY LOSS.

 
YOUR USE OF THIS PRODUCT, AND ANY DOWNLOADING OR OTHER ACQUISITION OF MATERIALS THROUGH OR IN CONNECTION WITH THIS PRODUCT, IS AT YOUR OWN DISCRETION AND RISK, AND YOU AGREE TO BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. IN NO EVENT SHALL OUR MAXIMUM LIABILITY IN CONNECTION WITH THIS AGREEMENT OR USE OF THIS PRODUCT EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THIS PRODUCT.
 
SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU AS SOME JURISDICTIONS DO NOT ALLOW THE NEGATION OF IMPLIED TERMS OR EXCLUSION OR LIMITATION OF WARRANTIES OR GUARANTEES IN CONSUMER CONTRACTS.
 

7.     NO WARRANTY FOR NETWORK CONNECTION

YOU ACKNOWLEDGE AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY MATTER INVOLVING ACCURACY, TIMELINESS, DELAY OR FAILURE REGARDING THE INITIATION, EXECUTION OR COMPLETION OF COMMUNICATIONS OR PROCESSING RELATED TO THIS PRODUCT. WE ALSO MAKE NO PROMISE OR WARRANTY THAT THE ONLINE OR DOWNLOADABLE PORTIONS OF THIS PRODUCT WILL BE AVAILABLE FOR ACCESS BY YOU AT THE TIME YOU DESIRE. YOU MAY BE UNABLE TO ACCESS SUCH PORTION OF THIS PRODUCT FOR A LONG PERIOD OF TIME. WE DO NOT WARRANT THAT THE OPERATION OF SUCH PORTION OF THIS PRODUCT WILL BE UNINTERRUPTED, ERROR-FREE, SECURE OR VIRUS-FREE, NOR DO WE GUARANTEE THE CONTINUED OPERATION OR AVAILABILITY OF THE SERVER.
 

8.     REVISIONS OF THIS PRODUCT

WE MAY TEMPORARILY OR PERMANENTLY MODIFY OR DISCONTINUE THIS PRODUCT OR ANY FUNCTION OR PART THEREOF WITH REASONABLE ADVANCE NOTICE. IN CASE OF EMERGENCY OR OTHER INDISPENSABLE CASE, SUCH ADVANCE NOTICE SHALL NOT BE REQUIRED. YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY MODIFICATIONS, SUSPENSIONS OR DISCONTINUATIONS OF THIS PRODUCT OR ANY PART THEREOF.
 

9.     Termination and Survival of Provisions

The Agreement contained herein shall remain in full force and effect until terminated by either party. You agree and acknowledge that you are not entitled to a refund of the amount paid to us prior to the termination of the contract. You may discontinue use of this Product at any time in accordance with the terms of this Agreement.
 
If you violate any provision of this Agreement, we may terminate this Agreement immediately without notice, in addition to any other reserved rights. We may terminate this Agreement due to the termination of service of the platform used to provide this Product or other reasons.
 
Upon termination of this Agreement, you will destroy all products, including copies, and any elements contained in this Product recorded on computer devices. The provisions of Article 3, Article 4, Article 6, Article 7, Article 8, Article 9, and Articles 12 to 17 shall continue to be valid after the termination of this Agreement.
 

10.  Prohibited Conducts

Additionally, you must not engage in the following conducts while using this Product:

1. Use of this Product for commercial purposes, including but not limited to sales, advertisement, and solicitation.
2. Activities that violate or could potentially violate the terms of this Agreement or any agreement stipulated by the associated platform.
3. Activities that infringe or could potentially infringe the copyrights, trademarks, intellectual properties, privacy, publicity rights, or any other property rights of this Product or associated third parties.
4. Use or encouragement of a third party's use of this Product or its functions or defects in a method not intended by us.
5. Posting, uploading, or transmitting by any means data or software that could alter or manipulate this Product, including data or software that contain viruses, worms, bots, Trojan horses, or any other harmful, destructive, or malicious components.
6. Use or misuse of unauthorized robots, spiders or other programs in connection with this Product.
7. Activities that place a burden on our or an associated third party's servers, or activities that hinder or could potentially hinder this Product's operation or network systems.
8. Impersonating another individual or organization in connection with the use of this Product, or misrepresenting in any manner a relationship between you and another party.
9. Limiting or hindering the use or enjoyment of this Product by another user through harassment, hacking, obstruction, agitation, modification, etc.
10. Use of this Product to create, upload, or post material that is intentionally false, defamatory, inaccurate, demeaning, vulgar, vile, crude, obscene, profane, objectionable, harassing, sexual, threatening, and/or invasive of another's privacy, or material that violates the law, promotes or encourages immoral activity, promotes discrimination, prejudice, or physical/mental harm against any group or individual, or is in any other way undesirable.
11. Displaying information that leads to websites unrelated to this Product, including but not limited to adult and otherwise inappropriate websites, including posting internet links.
12. Use of this Product in agreeing with others to bet money or other valuables.
13. Activities knowingly intended to encourage, incite, or persuade another to perform any of the aforementioned activities.
14. Activities that violate or could potentially violate laws or public order.
15. Activities equivalent to any of the aforementioned activities.

 

11.  In-Game Currency and Virtual Items

If this Product allows you to earn in-game currency and virtual items through play, the following additional terms and conditions apply:
 
This Product allows you to (i) use virtual in-game currency or game points ("in-game currency"), which are the exclusive medium of exchange within this Product, and (ii) obtain (or acquire limited usage rights to) virtual items within this Product ("virtual items"). Regardless of the terminology used, in-game currency and virtual items represent the limited licenses set forth in this Agreement. Subject to the terms and compliance with this Agreement, we grant you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use any in-game currency and/or virtual items that you acquire for private, non-commercial game play purposes exclusively within this Product. Unless otherwise prohibited by applicable law, the in-game currency and/or virtual items you acquire are licensed to you and you agree that no title or ownership rights to any in-game currency and/or virtual items are assigned or transferred under this Agreement. This Agreement shall not be construed as a sale of rights to in-game currency and virtual items.
 
In-game currency and virtual items are neither equivalent in value to real currency nor a substitute for real currency. You acknowledge and agree that we may at any time make revisions or take actions that affect the in-game nature or value of in-game currency and/or virtual items in the game except where prohibited by applicable law. The license granted under this Agreement for in-game currency and/or virtual items will terminate in accordance with the terms and conditions of this Agreement and this Product documentation when we cease to offer the product or this Agreement is otherwise terminated.
 
Carrying out certain activities or achievements in this Product may result in the acquisition of in-game currency and/or virtual items from us. For example, we may offer in-game currency or virtual items based on the achievement of in-game activities such as leveling up or completing missions.
 
All in-game currency and/or virtual items granted in the game will be consumed or lost by the player during game play in accordance with the game rules applicable to different currencies and products depending on the relevant product. In-game currencies and virtual items can only be used within this Product. Agreeing with others to bet money or other valuables on in-game currency and/or virtual items is strictly prohibited. The permitted usage and purposes of in-game currencies and virtual items are subject to change at any time.
 
In-game currency and virtual items can only be redeemed for in-game products and services. In-game currency and/or virtual items may not be sold, leased, licensed or rented or exchanged for convertible in-game currency. In-game currency and virtual items may not be exchanged for money or anything of monetary value or for our products or those of any other person or entity at any time except as expressly provided in this Agreement or otherwise required by applicable law. In-game currency and virtual items have no monetary value and neither we nor any other person or entity is obligated to exchange in-game currency and/or virtual items for anything of value, including real currency.
 
Unless prohibited by applicable law, we have the absolute authority to manage, regulate, control, alter, suspend and/or remove in-game currency and/or virtual items as we deem appropriate in our sole discretion and shall have no obligation to compensate you or any other person for the exercise of such rights.
 
Any transfer, trade, sale or exchange of in-game currency or virtual items to another party (such as another user of this Product) other than in the context of game play using this Product as expressly authorized by us (hereinafter referred to as "unauthorized transactions") is not endorsed by us and is strictly prohibited. We reserve the right to terminate, suspend or modify your user account, in-game currency and virtual items and terminate this Agreement in our sole discretion if you conduct, assist or request any unauthorized transactions.
 

12.  App Store Terms of Use

The provision of this App through third-party online and application stores authorized by us (collectively, "App Stores") is subject to any additional terms and conditions provided or required by the applicable App Store, and all such applicable terms and conditions are hereby incorporated by reference herein. We will not be liable to you for credit card or bank related charges or other charges or fees associated with your transactions carried out through App Stores. All such transactions are managed by the App Stores, not us. We expressly exclude liability in connection with such transactions and you agree that your remedy with respect to any and all such transactions shall be from or through such App Stores.
 
This Agreement is between you and us, and is not an agreement with the App Stores. You acknowledge that the App Stores are not obligated to provide you with any maintenance or support services related to this Product. You must comply with the App Stores' Terms of Service and other applicable rules or policies of the App Stores.
 

13.  Information Collection and Specification

By installing and using this Product, you agree to the information collection and use provisions of this section and our Privacy Policy. Do not use this Product unless you are authorized to use or share your information in this way.
 
You acknowledge that we and the platforms  are collecting and/or may collect data from your play and/or use of this Product. For example, we may collect or process information about your computer, such as your IP address and operating system, through the platforms. This is statistical data about your browsing behavior and patterns and does not identify you personally. The above data and game play collection and storage are intended to facilitate existing features of the product and allow us to evaluate improvements to software and other games based on common play patterns.
 
For information on data collection for each platform (STEAM and Epic Online Services), please refer to the privacy policy set by each platform.
 
With respect to all privacy issues, including the collection, use, disclosure and transfer of your personal information and other information, the Privacy Policy (https://hexadrive.jp/privacy-en/), which is revised from time to time, supersedes the rest of this Agreement.
 
If you have any questions, comments, or requests regarding the data collected by us, please contact https://hexadrive.jp/contact/.
 
The following advertising partner provided by us may collect information such as your identifiers and device information for the purpose of delivering advertisements tailored to you. Please review the privacy policies and usage policies regarding behavioral information of such advertising partner for its practices regarding the collection and use of such information.
 
i-mobile Co. Ltd.（https://www.i-mobile.co.jp/index.html）
・Privacy Policy：https://www.i-mobile.co.jp/privacy.html
・Usage Policy regarding Behavioral Information：https://www.i-mobile.co.jp/assets/pdf2/privacy-treatment.pdf
 

14.  Indemnification

You agree to indemnify and hold harmless us, our affiliates and licensors from and against all actions, losses, court costs and other expenses (including reasonable attorneys' fees) arising directly or indirectly out of or in connection with your use of this Product, or your failure to act in accordance with or breach of any provision of this Agreement.
 

15.  Governing Law and Dispute Resolution

Any dispute arising out of or related to this Agreement shall be governed by this Agreement and Japanese law. This Agreement shall be governed by and construed in accordance with all applicable mandatory laws and regulations, notwithstanding any such governing law provisions. In no event shall the application, interpretation or enforcement of the terms of this Agreement under the applicable law set forth in this Section exclude, limit or otherwise restrict any rights granted to you as a consumer under applicable consumer protection laws.
Any dispute arising out of or related to this Agreement shall be resolved in the Osaka District Court, and you and we agree to be subject to the exclusive jurisdiction of that court. Please note that this section does not apply if (and only if) you are using or accessing this Product within the European Union.
The United Nations Convention on the Uniform Law of the International Sale of Goods, without regard to jurisdiction and venue, shall not apply to this Agreement.
 

16.  Arbitration

The provisions of this Article are limited to customers who are residents of the United States.
 
The majority of concerns can be resolved by contacting us through our site: https://hexadrive.jp/contact/. If we are unable to resolve your concerns, or if there is an unresolved dispute between you and us, please refer to this section, which will explain the methods of dispute resolution agreed upon by both parties.
 

1. Scope of Arbitration Obligations
• You and we agree to resolve all disputes and claims arising between us through a binding and individual arbitration process. This provision applies to any claim made on behalf of the other party, regardless of whether the claim is based on contract, tort, statute, fraud, unfair competition, misrepresentation, or any other legal theory.
  
  
• However, this section does not apply to claims or disputes that fall under the following types. Instead, you or we may bring these matters before a court of competent jurisdiction. Namely, (i) claims relating to infringement of intellectual property rights, fraudulent use, etc. (including claims for relief by injunction); and (ii) claims related to or arising from allegations of fraudulent use, privacy, or theft.
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• If any federal, state, or local government agency seeks relief against us on behalf of you under any provision of law, you may bring a dispute before such agency without regard to the provisions of this Section.
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• Arbitration takes place in front of a neutral arbitrator, not in front of a judge or jury. In arbitration, formality is not as important as in court proceedings. The scope of discovery in arbitration is more limited than in litigation proceedings. Arbitration is subject to rules that differ from court proceedings, and court examinations are conducted to a very limited extent. The arbitrator will issue a ruling and, if requested by either party, a reason for the ruling will be provided. You and we waive, and you agree to waive, any right to bring an action in a court of law or to have a trial before a judge or jury.
  
  
2. First Attempts to Resolve the Dispute Informally
• You and we agree to make reasonable and sincere efforts to resolve the dispute in an informal manner before initiating arbitration. The party seeking arbitration must send the other party a notice stating the nature of the claim or dispute, its rationale, and the remedy sought. If you and we do not make a claim or dispute resolution agreement within 30 days of receiving this notice, you or we may initiate arbitration. Please mail the written notice to us at the address below. Notice: Arbitration Notice, Parks Tower 28F, 2-10-70 Naｍbanaka, Naniwa-ku, Osaka Japan
  
  
3. Arbitration Rules and Fees
• To the extent permitted by the law of your country, the Federal Arbitration Act of the United States applies to this Section. Arbitration will be conducted in accordance with the Consumer Arbitration Rules of the American Arbitration Association (AAA) which apply to this Agreement (or the Commercial Arbitration Rules in the case that the Consumer Arbitration Rules do not apply). These rules are available at http://www.adr.org. The arbitrator will be bound by the terms of this Agreement.
  
  
• Arbitration will be conducted by the AAA. Arbitration may be conducted either on the basis of documents submitted, by telephone, or in person in the country in which you are located, or at another mutually agreed upon location.
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• If your claim is for $10,000 or less, we agree to promptly reimburse you for your share of the AAA's arbitration costs, including your filing fee and arbitrator's fees. However, you may not file a claim with the arbitrator if the arbitrator determines that your claim is baseless or that your claim was filed for nuisance purposes. We agree that the arbitrator will not require you to pay our attorneys' fees or costs unless the arbitrator determines that your claim is baseless or that your claim was filed for nuisance purposes. If your claim exceeds $10,000 and the AAA's Consumer Arbitration Rules do not apply, the AAA's arbitration costs, including the arbitrator's fees, shall be shared between you and us in accordance with the AAA's Commercial Arbitration Rules.
  
  
4. Limited to Binding Individual Arbitration
• You and we agree not to bring or participate in any class action, representative action, citizen representative action, whistleblower action, or class, collective, or representative arbitration, even if the AAA rules permit such an action. The arbitrator may award injunctive relief only in favor of the individual party seeking arbitration and only to the extent of such party's individual claim. You and we further agree that no claim for joinder of any action or arbitration with any other action or arbitration may be made unless all parties hereto and all parties to the other action or arbitration agree thereto.
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• In the Case That Any Part of This Section Is Found to Be Illegal or Unenforceable
• If any provision of this section is found to be illegal or unenforceable, the other provisions will remain in force (along with the arbitral settlement made prior to initiating the court proceedings). However, if partial illegality or unenforceability allows collective arbitration, group arbitration, or representative arbitration, all provisions of this section shall be unenforceable and the claim or dispute shall be settled in court.

 

17.  Other Provisions

If any part of this Agreement (including, without limitation, any warranties, disclaimers, or limitations of liability) is determined to be invalid or unenforceable under applicable law, the invalid or unenforceable provision shall be deemed superseded by a valid and enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement shall remain in effect. The failure of us to enforce or exercise any provision of this Agreement or any related right shall not constitute a waiver of that right or provision.
 
We may assign all or part of this Agreement at any time. However, you may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our prior written consent.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of this Product or information provided to or gathered by us in connection therewith. In addition to any indemnification under applicable law, we shall not be liable for non-delivery or delay in delivery of this Product due to causes or events beyond our reasonable control, whether or not foreseeable by either party, including labor disputes, war, terrorism, fire, denial of service attacks, internet outages, accidents, severe weather, failure to secure transportation, governmental acts or regulations, or any other cause or event similar or different from those enumerated above. Neither party shall be held liable for non-delivery or delay of this Product due to events beyond our reasonable control, whether foreseeable or unforeseeable.
 
If you have any inquiries, please contact us (info@code-nico.jp).