Terms of Service
1. Introduction
If you reside outside of the Republic of Korea, the terms of this agreement (the “Terms of Service”) govern
the relationship between you(“user” or “you”) and cupstack and/or its affiliates ( “cupstack,” “we,” or
“us”) regarding your use of cupstack’s mobile games (“cupstack”) and related services, including, without
limitation, the use of cupstack Games, participation in an online community for cupstack Games cupstack
branded websites (collectively, the “cupstack Service”).
Use of the cupstack Service is also governed by cupstack’s Privacy Policy. We may collect and use your
content and information in accordance with this Privacy Policy.
By downloading cupstack Games, accessing and/or using the cupstack Service, you accept and agree to be bound
by the Terms of Service, the cupstack Privacy Policy
cupstack may amend, at our discretion, any portion of the cupstack Policy at any time by posting or
displaying the amended cupstack Policy within and/or on cupstack Games, cupstack branded website. You will
be deemed to have accepted such amendments by continuing to use the cupstack Service. Except as otherwise
stated, any such amendments will be automatically effective 30 calendar days after they are initially
posted.
2. License
2.1. Ownership of cupstack
cupstack owns, has licensed, or otherwise has the right to use all of the content that appears in the
cupstack Service, including, without limitation, a user account, virtual items and virtual currencies.
YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN A GUEST(COLLECTIVELY,
“GAME ACCOUNTS”), AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO A GAME ACCOUNT ARE AND
SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF cupstack
2.2. Limited License
cupstack hereby grant you a non-exclusive, non-transferable, and revocable limited license to use the
cupstack Service subject to the terms of the cupstack Policy. You understand that virtual items and virtual
currencies are provided solely for your entertainment use, and that you have a limited license to use them
under the cupstack Policy, not the ownership interest in them. Any “virtual currency” balance shown in your
account does not constitute a real-world balance or reflect any stored value, but instead constitutes a
measurement of the extent of your license.
2.3. Trades of Virtual Items and Virtual Currency
cupstack prohibits and does not recognize any purported transfers of virtual items or virtual currency
effectuated outside of the cupstack Service, or the purported sale, gift or trade in the “real world” of
anything that appears or originates in the cupstack Service, unless expressly authorized by cupstack. Any
such transfer or attempted transfer is prohibited and void, and may subject your account to termination.
3. Game Account
If you use the cupstack Service, we will create and assign to your device an identifier that is similar to
an account number. We will use the Account information for providing customer supports to any users.
4. User Content
4.1. Your Representations and Warranties
“User Content” means any communications, images, sounds, and all the material, data, and information that
you or other users upload, submit, or transmit through the cupstack Service.
By transmitting, submitting, or posting any User Content while using the cupstack Service, you affirm,
represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in
violation of any applicable laws, contractual restrictions or other third party rights, and that you have
permission from any third party whose personal information or intellectual property is comprised in the User
Content; and (c) free of viruses, adware, spyware, worms or other malicious code.
You acknowledge and agree that you are solely responsible for all User Content you post or otherwise
transmit via the cupstack Service. cupstack assumes no responsibility for illegal contents or the conduct of
any user submitting any User Content or for the failure of monitoring any User Contents that may be
inappropriate under the cupstack Policy.
You further acknowledge and agree that any of your personal information within such content will at all
times be processed by cupstack in accordance with its Privacy Policy.
4.2. License to Use User Content
You hereby grant cupstack a worldwide, royalty free, non-exclusive, and unlimited license to use any User
Content that you upload, submit, or transmit through the cupstack Service, including, without limitation,
the right to sublicense and assign to third parties, and right to copy, reproduce, fix, adapt, modify,
improve, translate, reformat, create derivative works from, manufacture, introduce into circulation,
commercialize, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly
display, and publicly perform. To the extent permitted by applicable laws, you hereby waive any moral rights
you may have in any User Content. You may revoke such a license by giving a written notice to us at any
time. In such a case, cupstack will cease any use of the User Content within 3 months after receiving such a
notice from you.
4.3. Content Screening
You acknowledge and agree that cupstack may reject, refuse to post, delete, or edit any User Content for any
reason at its sole discretion.
5. Fees and Purchase Terms
You agree to pay all fees and applicable taxes incurred by you. cupstack may revise the pricing for the
goods and services it licenses to you through the cupstack Service at any time.
YOU AGREE AND ACKNOWLEDGE THAT cupstack IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU
WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN A GAME ACCOUNT IS CLOSED, WHETHER
SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
Notwithstanding the foregoing, if you verify in a reasonable way that you reside in the European Union and
you purchase virtual items or currencies from cupstack, you may have the right to withdraw from a purchase
within seven calendar days, commencing on the day after the date of purchase (the “Cooling Off Period”).
However, you lose your right of withdrawal if the performance of the services begins before the end of the
Cooling Off Period. You acknowledge and agree that the performance of our service is deemed to begin once
you use any portion of virtual currencies or virtual items in playing cupstack Games, which result in losing
your right of withdrawal.
Some of cupstack Games may be described as a “free game” within the description page of App marketplaces.
YOU MAY DOWNLOAD AND PLAY SUCH GAMES FREE OF CHARGE, BUT THEY MAY CHARGE REAL MONEY FOR ADDITIONAL GAME
CONTENT.
6. Your Responsibility in Using Service
You agree that, while using the cupstack Service, you will not, under any circumstances:
• send, post, transmit or make available any material or information that may be abusive, threatening
obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;
• stalk, harass, threaten, or defraud other cupstack users or any members of cupstack support personnel;
• use, develop, or distribute any robot, spider, unauthorized script, unauthorized scraper or offline
reader, or any other cheat, mod, hack or the like, or any unauthorized third-party software designed to
modify or interfere with or provide automated access to or use of the cupstack Service;
• interfere with or disable any security-related features of the cupstack Service, or any part thereof;
• damage, disable, overburden, or impair the cupstack Service, including, without limitation, (i) by
sending, posting, transmitting or distributing anything that contains a virus, spyware, or other harmful
material intended to damage or interfere with the cupstack Service or (ii) attempting to disrupt servers
that relate to the cupstack Service;
• make improper use of cupstack ‘s support services, including by submitting false abuse reports;
• misrepresent the source, identity, or content of information sent, posted, transmitted or made available
via the cupstack Service;
• create a false identity or impersonate another person or entity, including, without limitation, identities
falsely indicating that you are a cupstack official or representative, message board or community board
moderator, another user or host, or that you are a celebrity or public figure;
• decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any code or underlying
ideas or algorithms of any part of the cupstack Service;
• modify any part of the cupstack Service without cupstack ‘s prior written consent;
• send, post, transmit or make available any content or information that may infringe any person or entity’s
intellectual property rights or other property or personal rights, including rights of privacy and
publicity;
• buy, sell, trade, or advertise to sell any virtual currency or items or Game Account for commercial
purposes;
• send, post, transmit or make available any unsolicited or inappropriate content or other unsolicited or
unauthorized commercial or promotional content, information, or communications without cupstack’s prior
written consent
• attempt to collect any personal information about any users or to disclose such information;
• access another user’s Game Account without permission;
• assist, permit or encourage any party in engaging in any of the activities described in the above listing;
and
• use the cupstack Service in any manner that may violate any applicable laws or regulations or is
prohibited by the cupstack Policy.
7. Third Party Advertising
cupstack may feature advertisements from third parties or provide links on the cupstack Service to third
party websites or vendors who may invite you to participate in a promotional offer in return for receiving
an optional component of the cupstack Service and/or benefits (such as virtual items or virtual currency).
Any charges or obligations you incur in your dealings with these third parties are your sole responsibility.
cupstack makes no representation or warranty regarding any content, goods and/or services provided by any
third party, and will not be liable for any claim relating to any third party content, goods and/or
services. The linked sites are not under the control of cupstack and may collect data or solicit personal
information from you. cupstack is not responsible for their content, business practices or privacy policies,
or for the collection, use or disclosure of any information those sites may collect.
8. SMS Notifications, Push Notifications & Local Notifications
We may send local or push notifications to your mobile device to make you aware of game updates, promotional
events, new game information and other relevant messages regarding the game service. You can manage push
notifications from the “options” or “settings” page within the relevant game. You may also be able to manage
them from your device’s settings page for the relevant game. We will not send any SMS notification to your
mobile device unless we obtain affirmative express consent from you in compliance with any applicable laws
or regulations.
9. User Interactions
9.1. Member Disputes
You are solely responsible for your interactions with other users of the cupstack Service. We may, at its
sole discretion, attempt to mediate disputes between users, but is not obliged to become involved in any way
with such disputes.
9.2. Release
If you have a dispute with any users of the cupstack Service, you release us (and our officers, directors,
agents, subsidiaries, and employees) from claims, demands and damages (actual and consequential) arising out
of or in any way connected with such disputes, including damages for loss of profits, goodwill, use or data.
If you are a California resident, you waive California Civil Code §1542, which provides: “A general release
does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the
time of executing the release, which if known by him or her must have materially affected his settlement
with the debtor.”
10. Suspension & Termination of cupstack Service
cupstack MAY LIMIT, SUSPEND, OR TERMINATE YOUR USE OF THE cupstack SERVICE AND/OR GAME.
cupstack reserves the right to stop providing or supporting any part of the cupstack Service or a particular
game at any time either permanently or temporarily, at which point your license to use the cupstack Service
or a part thereof will be automatically terminated or suspended. In such an event, cupstack is not required
to provide refunds, benefits or other compensation to users in connection with such discontinued elements of
the cupstack Service.
11. Disclaimers & Indemnifications
11.1. Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE cupstack SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON
AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE.
WITHOUT LIMITING THE GENERALITY OF FOREGOING, NEITHER cupstack NOR ANY OF THEIR DIRECTORS, EMPLOYEES,
AGENTS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, “cupstack
PARTIES”) WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
11.2. Disclaimers of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF
LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF,
OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING,
WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND
THAT cupstack PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL
DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF,
OR INABILITY TO USE, THE SERVICE.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT cupstack PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD
cupstack PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND
OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE
FOREGOING RESTS ENTIRELY WITH YOU.
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES WILL cupstack PARTIES BE LIABLE TO
YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID cupstack IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS
IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
11.3. Indemnification
You agree to indemnify and hold harmless cupstack Parties from any claims, losses, damages, liabilities,
including legal fees and expenses, arising out of (a) your use or misuse of the cupstack Service, (b) any
violation by you of the cupstack Policy, or (c) any breach of the representations, warranties, and covenants
made by you herein.
cupstack may assume the defense of any matter for which you are required to indemnify cupstack by sending
notice of such an intention to you. You shall use best efforts to cooperate with cupstack’s defense of these
claims.
12. General Provision
12.1. Governing Law
The laws of the State of California (without giving effect to its conflicts of law principles) govern all
matters arising out of or relating to the cupstack Policy, including, without limitation, its validity,
interpretation, construction, performance, and enforcement.
12.2. Dispute Resolution
If you have any claim arising out of this Agreement against us, we strongly encourage you to contact our
customer support team to seek a resolution. If both parties fail to reach a settlement within 30 calendar
days after the first contact occurs, either party may refer such a dispute in Seoul administered by the
Korean Commercial Arbitration Board in accordance with the Arbitration Rules of the Korean Commercial
Arbitration Board. The arbitration is to be conducted before a single arbitrator whom the parties jointly
select. If the parties are unable to agree upon the arbitrator, either party may request the Korean
Arbitration Association to select the arbitrator.
All claims filed or brought contrary to Section 13.2. will be considered improperly filed. If you file a
claim improperly, cupstack will be entitled to recover attorney fees and costs up to $1,000, provided that
cupstack has notified you in writing of the improperly filed claim and you have failed to promptly withdraw
the claim.
12.3. Entire Agreement
The cupstack Policy is complete and exclusive understanding of you and cupstack relating to your use of the
cupstack Service, and supersede all prior understandings of the parties hereto.
12. 4. Language
The translation of English language version of the cupstack Policy is provided for informational purposes
only and does not modify the English language version of the cupstack Policy. If there is a conflict between
the English language version of the cupstack Policy and its translation, the English version of the cupstack
Policy will control.
The failure of cupstack to require or enforce strict performance by you of any provision of the cupstack
Policy or failure to exercise any right hereunder will not be considered a waiver or relinquishment of
cupstack’s right to assert or rely upon any such provision or right in that or any other instance. An
express waiver made by cupstack in one occasion is effective only in that instance and only for the purpose
that it is given and is not to be construed as a waiver on any future occasion or against any other person.
12.5. No Waiver
The failure of cupstack to require or enforce strict performance by you of any provision of the cupstack
Policy or failure to exercise any right hereunder will not be considered a waiver or relinquishment of
cupstack’s right to assert or rely upon any such provision or right in that or any other instance. An
express waiver made by cupstack in one occasion is effective only in that instance and only for the purpose
that it is given and is not to be construed as a waiver on any future occasion or against any other person.
12.6. Force Majeure
cupstack will not be liable for any delay or failure to perform resulting from any cause outside the
reasonable control of cupstack, including, without limitation, any failure to perform under the cupstack
Policy due to unforeseen cause beyond cupstack’s control, such as acts of God, war, terrorism, riots,
embargoes, acts of civil or military authorities, change of law or administrative rules, fire, floods,
network infrastructure failures, cyber crimes, strikes, or shortages of transportation facilities, fuel,
energy, labor or materials
12.7. Severability
If any portion of the cupstack Policy is determined to be invalid, illegal or unenforceable by any court of
competent jurisdiction, the remaining provisions of the cupstack Policy remain in full force and effect.
* Restriction period means the period you won't be able to use a game. This doesn't include other games
serviced through cupstack
* Please note that your cupstack account can also be restricted if it is determined that the situation
violates the related laws or has a significant impact on games.
(1) "Company" can restrict "User" from games based on the cumulative number of violations included as
"Inappropriate Behavior" and "Company" can apply aggravated restrictions if "User" violates 2 or more
categories included as "Inappropriate Behavior".
(2) If "User" violates relevant laws, even if the situation doesn't meet the items above, the restriction
period and method can change under the staff's judgment. You may also be restricted from all games provided
by the company and/or your device may be restricted.
(3) "Company" may withdraw items, game money, etc from "User" if they were gained through "Inappropriate
Behavior".
(4) If "Company" is damaged due to "Inappropriate Behavior", "Company" can take legal actions including
claims, etc to "User".
(5) If "User" has objections in respect to the restrictions of "Company", "User" can apply for an appeal by
through the following procedures.
10. Community Management Policy
(1) Basic Principles
1) Community within "Services" (chatting, message boards, etc.) and community sites (social media, official
clubs, etc.) are created with the purpose of exchanging various information needed to use the "Services",
everyday conversations, and for sharing opinions on "Company" and "Services".
2) "Company" is committed to providing you with a healthy community and stable community service based on
the principles.
3) "Company" will not intervene in disputes between users within the community. However, "Company" can
intervene or mediate according to the seriousness of the problem and the degree of adverse effects on the
users of the community. Also, "User" may be restricted from the community without prior warning based on the
severity and in accordance with the section 3 of the Community Management Policy.
4) "Company" can delete posts that can be viewed as "acts that are difficult to be accepted by social norms"
defined in the Community Management Policy section 3 without prior notice to provide a healthy community.
"User" may be restricted from the community without prior warning in accordance with the section 3 of the
Community Management Policy.
5) "Company" may move posts that does not fit the character of the board to another board.
6) Matters not specified in this principle and the interpretation of the of this principle will follow
"cupstack Terms of Service" and will follow the laws and practices with respect to any other matters.
(2) Management Principle of Official Clubs
1) Official clubs can be used after joining the club and some boards may not be available in accordance with
the official club's user's rating.
2) Users of the official club needs to meet the requirements (number of posts, comments, attendance,
subscription period, etc) in order to be upgraded to the next rating and user's rating will automatically
upgraded if you meet the requirements.
3) You may not be able to access some boards if you don't join the club.
(3) Standards and Restrictions of Inappropriate Behavior
1) "Inappropriate Behavior" means acts that violate the matters set forth in the Community Management
Principle that interfere in the operation of the community site, acts that harm and averse other users, and
acts that are difficult to be accepted by social norms.
2) Acts that are difficult to be accepted by social norms are as follows.
- Use of the profanity / slang
- Provocative and vulgar behavior
- Acts that violate or is judged to have violated a third party's copyright and trademarks
- Acts with the possibility of a fraudulent associated with the Staff (or GM), the developer, NPC, and
anything related to the "Services".
- Acts believed to defame or advocate a particular politician or political party, etc.
- Acts believed to have the intention of cash trades and account trades
- Acts with the purpose of deliberately harming others
- Acts believed to be related to illegal acts
- Acts that defame or is believed to defame certain religion, race, nation, group, etc
- Acts that cause nuisance or discomfort to other users
3) If inappropriate behavior is checked by "Company", "Company", can restrict the use of community sites in
accordance with the Community Management Principles.
The Management Policy will be applied starting August 13, 2020.