Terms of service

Version 1.01

Welcome to the Del Squared Terms of Service. We know this is boring stuff, but please read this and our privacy policy carefully so you can make informed decisions about your relationship with us.


1. Acceptance of Terms of Service


By using Del Squared, you agree to our Terms of Service. If you don’t agree, please don’t use us!


Thank you for choosing Del Squared (“DS”, “us”, “we”, “our”). By using our games, software applications, websites, or related services, which include applications for mobile devices and DS branded websites (together, the “Del Squared service” or “service”), you signify that you have read, understand and agree to be bound by these Terms of Service. Your agreement with us includes these Terms of Service and our Privacy Policy (together, the “terms”). If you don’t agree with our terms in part or whole, please don’t use our service.


2. Privacy Policy


You also agree to our privacy policy when agreeing to these terms.


Your privacy is important to us, so we have designed our privacy policy to be as transparent as possible about how we collect and use your content and information. Please read it carefully so you can make informed decisions. The privacy policy is included by reference in this agreement.


3. Age Restriction


Please, only 13-year-olds and older. 13-18 year-olds must get the permission of their parents.


Only individuals thirteen (13) years of age or older may use our service. Users between the ages of thirteen (13) and eighteen (18) must review our terms with a parent or legal guardian. If your parent or legal guardian does not agree with our terms in part or whole, you shall not use our service.


4. Updates to our Terms of Service and Privacy Policy


We may need to update these terms in the future.


We reserve the right, at our discretion, to make changes to our Terms of Service or Privacy Policy. When we make changes to our terms that we believe are material, we’ll notify you through the service or through e-mail. It is your responsibility to check our terms periodically for updates. By continuing to use our service after the changes are made, you are expressing and acknowledging your acceptance of the changes.


5. Grant of Limited License to You


Please enjoy our products for personal use only.


Our service and the content provided through it are the property of DS or DS’s licensors, and are licensed, not sold, to you. Subject to your compliance with the terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use our service for personal use only.


6. User Accounts


To enjoy all of our services and products, you may need to create an account. Please do so without violating the rights of others. Please keep your password a secret.


We may require you to create a user account as a condition to using certain aspects of our service. When you create your account, you may be required to provide DS with certain personal information, which may include but not be limited to, your name, e-mail address, mailing address, phone number, username, and a password you will use to access our service. This information will be held and used in accordance with our Privacy Policy. You agree to supply complete and accurate information to DS and that you will update that information promptly after it changes.


You are solely responsible and liable for activity that occurs on your account and are responsible for maintaining the confidentiality of your account password. You agree to never use another user's account without such other user's prior express permission. You will immediately notify DS in writing of any unauthorized use of your account, or other account related security breach of which you are aware.


You agree that you you will not create an account for anyone other than yourself without such person’s permission, and that you will not use your account to impersonate or otherwise infringe on the rights of a person other than yourself without proper authorization. You understand that on certain DS websites and services, your username and profile picture may be publicly available and that search engines may index your username and profile photo.


7. User Content and Conduct


Please be respectful. You own all of your content, not us. You are allowing us to use your content for things like advertising.


You agree that any communications (including chat text), images, sounds, videos, and all the material, data, and information (together, “user content”) that you upload, post, email, transmit or otherwise make available (“post”) through our service is:

  1. accurate and not confidential;

  2. 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 present in the user content;

  3. free of viruses, adware, spyware, worms or other malicious code;

  4. not inappropriate. Inappropriate content includes, but is not limited to, content that is:

    1. libelous, defamatory, bigoted, racist, lewd, indecent, fraudulent, or deceptive;

    2. content that may infringe or violate any patent, trademark, trade secret, copyright, right of privacy, right of publicity or other intellectual or other right of any party;

    3. mass or repeated messages, promotions, campaigning, or commercial messages directed at other users (“spam”);

    4. private information of any third party (e.g., addresses, phone numbers, email addresses, Social Security numbers and credit card numbers);

    5. likely to interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our service or that could damage, disable, overburden, or impair the functioning of our service.

You agree that your user content will at all times be processed by DS in accordance with our Privacy Policy. DS reserves the right to remove any user content at any time for any reason, and to ban any individual uploader or website domain from our service at any time and for any reason.


You own your user content, but you grant DS a perpetual, worldwide, fully paid-up and royalty free, non-exclusive, unlimited license and right to copy, modify, use and practice (including for advertising and marketing) in any way now known or in the future discovered, your user content as well as all modified and derivative works thereof. The license you grant us to use your user content ends when you delete your user content or you close your account, unless your user content has been shared with others, and they have not deleted it. You understand and accept that removed content may persist in back-up copies for a reasonable period of time.


You, and not DS, are solely responsible for all of your user content that you post through our service. We do not control the user content posted and do not guarantee the accuracy or integrity of such user content.


We shall not be liable for any statements or conduct of any third party using our service. By using our service, you understand and accept that you may be exposed to user content that is indecent, objectionable or offensive. We will not be liable in any way for any user content. We will not be liable for any loss or damage of any kind incurred as a result of the use of any user content posted, emailed, transmitted or otherwise made available through our service. We assume no responsibility for the timeliness, deletion, miss-delivery or failure to store any user content


You agree to indemnify and hold DS, its officers, employees, affiliates, contractors, and suppliers, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of user content you or other users post through our service.


8. Accuracy of Information Disclaimer


We are not liable if we post inaccurate information.


Our service is offered for informational, personal, and recreational purposes only. We strive to offer quality service that is accurate and useful, but we shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available through our service, and shall not be responsible or liable for any error or omissions in that information.


9. Non-endorsement and Non-Advertisement Disclaimer


Any advertisements are very clearly marked. Otherwise, information we provide about third party products is for informational purposes only, and we don’t get paid by any third parties to provide that information.


Our service may include references to, links to, or information about (“references”) third party applications, websites, services, or products (“third party services”). Those references to third party services, unless explicitly stated otherwise, are provided for informational purposes only, and are not advertisements for or endorsements of said third party services. Furthermore, we do not receive any monetary compensation from the owners of such third party services for providing references to such third party services. No advice or information, whether oral or in writing, obtained by you from us shall create any warranty on behalf of DS in this regard.


10. Third Party Services and Links


We are not responsible for links that point to anything not owned by us.


Our service may provide links to third party services. Your use of these third party services is subject to their terms of use. You understand and agree that DS is not responsible for any content, behavior, features, or actions of any third party services.


11. Trademarks


Please respect and don’t try to imitate our trademarks and brands.


We work hard to create and provide our service. All DS trademarks, service marks, trade names, logos, graphics, icons, and any other DS branding included in and used by our service are the sole property of DS or our licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of DS. All other trademarks not owned by us that appear in our service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.


12. Copyright


Please don’t rip off our content without asking first.


All content included in or made available through our service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of DS or our content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through our service is the exclusive property of DS or our content suppliers and protected by U.S. and international copyright laws.


13. Copyright Complaints


We respect copyright. If something goes wrong, let us know.


DS respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our procedure for notifying us of a possible copyright infringement here.


14. Electronic Communications


Email counts as “in writing”.


When you use our service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices through our service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.


15. Warranty


Our stuff is provided as-is.


We strive to provide the best quality service we can, but you understand that our service and all information, content, materials, products (including software) and other services included in or otherwise made available to you through our service are provided by DS on an “as is” and “as available” basis, unless otherwise specified in writing.


16. Limitation of Liability


We are not liable.


You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with our service is to uninstall any DS software and to stop using our service. DS cannot be held responsible for any damages.


You understand and agree that DS is not responsible or liable for any transaction between you and third-party providers of third party services advertised on or through the our service. As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate.



17. Mediation/Arbitration


We hope that nothing goes wrong, but if it does, we will get a mediator to solve the problem.


If a dispute arises from or relates to this contract or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration. The parties further agree that any unresolved controversy or claim arising out of or relating to this contract, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court in the State of Iowa having jurisdiction thereof.