Terms of Use

Created on Jan 8, 2019

Last updated March 14, 2025

1. Introduction

These Terms of Use ("Terms") govern your use of Casemaka's services ("Services") for printing custom dakimakura and related products. By using our Services, you agree to be bound by these Terms.

1.1 Service Description

• Our Services provide custom printing for dakimakura and related products
• We act as a printing service provider only
• We do not sell or distribute products on behalf of users

2. Jurisdiction and Governing Law

These Terms shall be governed by and construed in accordance with the laws of Hong Kong Special Administrative Region. Any disputes arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Hong Kong Special Administrative Region.

3. Intellectual Property Rights

3.1 Website Content and Trademarks

Unless otherwise stated, this website is our proprietary property. All source code, databases, functionality, software, website design, audio, video, text, photographs, and graphics (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions.

The Content and the Marks are provided on this website "AS IS" for your information and personal use only. Except as expressly provided in these Terms of Use, no part of this website and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

3.2 User Content and Artwork

When you share artwork with us, you represent and warrant that:

• You have the necessary rights and permissions to use and reproduce the artwork
• The artwork does not infringe upon any third party's intellectual property rights
• You have obtained all necessary licenses and permissions from the original copyright holders
• The artwork does not contain explicit adult content, exposed genitalia, or child pornography
• You understand and accept full responsibility for any legal consequences arising from the content you share

For derivative works (including but not limited to character redesigns, fan art, and merchandise designs):

• The adaptation rights, reproduction rights, and other copyrights remain with the original copyright holders
• You confirm that you have obtained proper authorization from the original copyright holders
• Casemaka, as a printing service provider, does not claim or acquire any copyright, neighboring rights, or other intellectual property rights based on the derivative content

3.3 Content Storage and Security

• We retain your artwork for 90 days to comply with legal and regulatory requirements
• We do not use your artwork for any purpose other than providing our printing services
• We implement appropriate security measures to protect your artwork during storage
• You are responsible for backing up your artwork and content

4. Service Usage and Responsibilities

4.1 Account and User Requirements

• You must be at least 18 years old to use our Services
• You are responsible for maintaining the confidentiality of your account
• You must maintain accurate and up-to-date account information
• You agree to provide accurate and complete information when using our Services
• You must comply with all applicable laws and regulations in your jurisdiction

4.2 Service Guidelines

• You agree not to share content that is illegal, offensive, or violates any third party's rights
• We reserve the right to refuse service to anyone who violates these guidelines
• We may remove or refuse to print content that we believe violates these Terms
• You will not access the website through automated or non-human means
• You will not use the website for any illegal or unauthorized purpose

4.3 Service Availability

• We may update, modify, or discontinue any part of our Services at any time
• We do not guarantee the continued availability of any specific features
• We may temporarily suspend or terminate services for maintenance or technical issues
• We will make reasonable efforts to notify users of planned maintenance
• You are responsible for using the latest version of our Services

5. Payment and Pricing

5.1 Pricing and Fees

• All prices are subject to change without notice
• Project-specific pricing is available upon formal inquiry
• We reserve the right to modify or discontinue any service without notice
• We shall not be liable for any modification, price change, or discontinuance

5.2 Payment Terms

• Payment must be made in full before printing begins
• Fees are generally required in advance
• We begin production after confirming your payment
• We accept various payment methods as indicated on our website
• All payments are processed securely through our payment providers
• Exceptions to payment terms may be made at our discretion

6. Shipping and Delivery

6.1 Shipping Services

• We ship worldwide using reliable shipping partners
• Shipping costs are calculated based on your location and order size
• Delivery times are estimates and not guaranteed
• Delivery dates may be subject to change due to:
  • Product characteristics
  • Order quantity
  • Manufacturing process issues
• We are not liable for any consequences of delivery date changes unless caused by our intentional or gross negligence

6.2 Customs and Duties

• You are responsible for any customs duties or import taxes
• We are not responsible for delays caused by customs processing
• We are not liable for any shipping-related damages

7. Returns and Refunds

7.1 General Return Policy

• Returns are accepted within 30 days of delivery for defective products
• Products must be unused and in their original packaging
• Return shipping costs are the responsibility of the customer except for customers in Hong Kong and Japan
• Refunds will be processed within 14 business days of receiving the returned item
• Refunds will be issued to the original payment method
• Shipping costs are non-refundable unless the product is defective

7.2 Custom Product Policies

As our products are custom-made to order, the following special policies apply:

7.2.1 Order Cancellation and Returns

• Orders cannot be cancelled or returned due to customer preference
• We maintain strict quality control, but if there is a clear discrepancy between your order specifications and the completed product as determined by us, we may, at our discretion:
  • Replace the product with a correct one (shipping costs borne by us)
  • Provide a refund
• Claims must be submitted through our designated process
• The following cases are not eligible for product replacement:
  • More than one week has passed since delivery to your specified address
  • The product has been partially used or distributed
  • Damage or defects occurred due to reasons beyond our control
  • Quality issues are within acceptable tolerance levels as determined by us
  • Damage occurred during shipping

7.2.2 Color Accuracy

• While we strive to achieve the exact colors as shown in your artwork, slight color variations may occur due to printing processes and different display devices
• We are not responsible for minor color differences between the printed product and the artwork shown on screen
• We offer an optional color proofing service to help ensure color accuracy
• The color proofing service involves additional time and cost, which will be clearly communicated to you before proceeding

7.2.3 Violation Handling

• We reserve the right to refuse production if we determine that:
  • You have violated any terms of these agreements
  • Your artwork infringes or may infringe on third-party rights
• We are not liable for any damages resulting from such refusal
• If violations are discovered after production:
  • We may terminate the manufacturing contract
  • We may dispose of the manufactured products
  • You must pay the manufacturing fee as liquidated damages
  • We are not liable for any resulting damages
• If violations are discovered after delivery:
  • We may seek compensation for any damages incurred

8. Limitation of Liability and Indemnification

8.1 General Disclaimer

This website is provided on an as-is and as-available basis. You agree that your use of the website services will be at your sole risk.

To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the website and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

8.2 Maximum Liability

In the event of damages caused by our intentional or gross negligence, we shall be liable for direct and ordinary damages up to a maximum of USD 100.

8.3 Third-Party Services

We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website, any hyperlinked website, or any website or mobile application featured in any banner or other advertising.

We will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services.

8.4 Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of:

• Your use of the website
• Breach of these Terms of Use
• Any breach of your representations and warranties set forth in these Terms of Use
• Your violation of the rights of a third party, including but not limited to intellectual property rights
• Any overt harmful act toward any other user of the website with whom you connected via the website

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims.

9. Electronic Communications

Visiting the website, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the website, satisfy any legal requirement that such communication be in writing.

You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to the electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the website.

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

10. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on this page. Your continued use of our Services after such changes constitutes your acceptance of the new Terms.

11. Miscellaneous

11.1 Entire Agreement

These Terms of Use and any policies or operating rules posted by us on the website or in respect to the website constitute the entire agreement and understanding between you and us.

Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law.

We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

11.2 Severability

If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.

11.3 No Joint Venture

There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the website.

11.4 Construction

You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

12. Contact Information

If you have any questions about these Terms, please contact us at:

Casemaka,
6/F, Chi-Ko Industrial Bldg
No.17 Cheung Lee Rd
Chai Wan District
Hong Kong

Or by email at [email protected].