GameSee™ Privacy Policy

AppSmartz™, Mohali, Punjab- India (hereinafter referred as Company) has launched its web application and mobile app GameSee™ as a Game Streaming Platform (hereinafter referred as platform) to enjoy the gaming videos and entertaining features of said platform. The present is the privacy policy (hereinafter referred as policy) of the company for its users.

The user is recommended and suggested to go through this agreement carefully and once it is accepted or used by the user, he will be bound to the same. The user has also option not to download the mobile application of GameSee™ or not to register him with GameSee™ or not to use it, if he does not agree with the terms of use and this privacy policy.

You are advised to read this policy being a useful guide carefully to enable us to serve you better and to enjoy the features of the platform.

  1. Key Points
    1. Company: means 'AppSmartz™'
    2. Associates: Associates are the sister concern/s, affiliated companies, business associate/s, advertisement partner/s and gaming partner/s of the company.
    3. The User: - Only for the purpose of this privacy policy a user is described a person: -
      1. Who has attained the age of maturity as per the law of his country. Parent/s, guardian/s, experts, specialists as the case may be is/are strictly recommended to assist a minor or disable either wholly or partly, physically or mentally intending to use and enjoy the platform.
      2. A company, institute, business firm, NGO or any other organization or any legal entity.
      3. User can enjoy the platform, but on registration with the company by a separate login ID, user will be known as a ‘Gamer’.
    4. Service: Company has provided the Online Game Floor, (hereinafter referred as Gamer Floor) where a gamer can create any content defined in the terms of use.
    5. Content: means the features of online game floor as defined in the terms of use.
    6. The pronoun ‘he’ and its derivatives are used of any person, whether male or female.
    7. The other relevant definitions given in the GameSee™ “Terms of Use” , which are also required to be read as part of this policy.
  2. Use of the Platform
    1. User or Gamer is allowed to use the platform only for himself.
    2. Gamer can register himself with the company by a login ID securing it with a confidential password. While registration, Gamer is required to provide some mandatory and some optional information to the company.
    3. Gamer is suggested to review his privacy settings in a routine.
    4. Gamer can review his content.
  3. Information of Gamer
    1. Whatever information provided by the Gamer will be deemed to be provided voluntarily and at his free will. Said information will be the exclusive property of the company and it may be used anywhere as per the discretion of company.
    2. Said information may be used by the company to make the platform better in future and to serve a gamer better in future.
    3. Said information may also be used by the associates of the company.
    4. Said information may be used by company on its other channels, platforms, directories, apps, applications, etc.
    5. No changes will be made by the company in said information provided by the gamer.
    6. Gamer is suggested to review his privacy settings in a routine.
    7. Gamer can review his content.
  4. Content on Game Floor and its use
    1. Gamer can search any content available on the Game Floor, but he is not allowed to edit, copy or remove the content of others.
    2. All type of features, software, designs, colors, metrics and others of the platform shall also be the exclusive IT contents materials of the company.
    3. The brand, logos, watermarks, trade names, trademarks, service mark etc. on the platform shall also be the exclusive Intellectual Property Rights of the Company.
    4. The pictures, videos, audio, sound, graphics, text, and other IPRs belongs to the company will remain available on the platform/Game Floor.
    5. The Gamer will be responsible in all manners with regard to the content so uploaded, streamed live or shared by him or re-streamed by the company anywhere as it deem fit.
    6. Platform allows a user to discover and watch the content or other material displayed over it.
    7. To enjoy the platform in better way, the company provides lot of information about its other articles, apps, products. User can find other channels, apps, products other options on the platform.
    8. To upload, live streaming or sharing the content, a Gamer can get the assistance from FAQ section of the company available on the platform.
    9. To save login ID, Gamer is recommended and suggested to keep his password confidential. The company is not responsible for use of his login ID or password by third party. However, on complaint receiving from the gamer, the company shall block the usage of said login ID. A Gamer can learn more to keep his login ID safe and what to do in the situation of unauthorized use of his login ID or password from the help desk of company.
    10. The content of gamer can be viewed, re-viewed, commented, liked, shared, by other gamers.
    11. The content created by a gamer will be his exclusive property. However, the gamer has authorized the company to share, distribute, licence, lease said content to anyone for any purpose including commercial purpose and without any royalty or profit to the gamer.
    12. Company is authorized to display, play or publish any advertisement on the platform online or offline.
    13. Company is authorized to display, play or publish any advertisement or its logo, graphics, design, watermarks or other IPRs while streaming/creating the content by the gamer in his account or by the company while re- streaming the content anywhere as requested/suggested by the gamer or as per its discretion without any type consideration to the gamer and gamer will have no objection over the same.
    14. Gamer is suggested to retain his data on back up stores, if taken.
  5. Permissions and Restrictions
    1. Gamer is not allowed to : -
      1. edit, access, reproduce, download, broadcast, display, transmit, share for commercial purpose OR to sell, license, distribute, alter, or otherwise use any part of the content of another gamer.
      2. touch the IPRs and other properties of the company.
      3. access the service using any automated means (such as robots, botnets or scrapers).
      4. collect, save or delete or to make any attempt to collect, save or delete any information, which may identify a user/person or gamer or his content.
      5. remain Involve in any other activity except enjoying the features of game floor.
      6. misuse any reporting, complaint, grievance, dispute, flagging, which also includes appealing process, making groundless, vague, vexatious, bogus or frivolous claims/submissions;
      7. raise a public screen for his content or to commercialize the same.
      8. To commercialize the platform or game floor in any manner.
    2. Merely using the platform does not give any licence, right or ownership from any corner or in any manner to user/gamer to use the name of another user/gamer or to use any content either of company or another gamer, his name, logo, design or other IPRs or any other service.
  6. Changes to the Service
    1. GameSee™ is developing platform and thus, the company may modify and improve its services. It may change its design, web-design, logo, color graphics or other displays at any time. It may make changes in any of its content, data or security features to improve the platform in a better way at its own or to comply with any legal provision. The company may discontinue or alter any of its service either wholly or partly to prevent illegal activities on its platform or gamer floor to prevent its abuse in any manner. The changes made by company may affect any of the gamer, but he will not make any complaint or objection in this regard. However, the company will make an effort, but not guarantees to inform the gamer on any modification or discontinuance.
    2. This policy OR terms of use of the platform may be modified by the company any time without the notice of the gamer. The company is not bound to disclose the modified term of use or policy to the gamer or user, however, the company in its discretion may inform the gamer about the same, wherever it feels necessary.
    3. The company may modify the terms of this policy at any time without the information of the user/gamer. On modification of this policy, the company will inform the user about the modification and user/gamer shall have right to accept or deny the same. Denial of the modification by a gamer does not mean that said terms shall be changed, however the company may reconsider said modification as per the suggestions.
  7. Third-Party Links
  8. The services of the platform may be linked to third-party websites and other online services that are not owned or controlled by the company. The company has no control over and assumes no responsibility for such websites and online services. So, the user, gamer is advised to be aware, while creating the content and recommends to read the terms and privacy policy of each third-party website and online service used/visited by the user.

  9. The Content and its Licence
    1. Content uploading
    2. On registration with company by gamer is able to create his content. He may use his content to promote it anywhere except the game floor or platform. However, he may avail the services of the company for its promotion. Uploading of content will only be allowed in compliance of terms of use.

      Gamer is not allowed to violate/breach other’s IPRs. In case of infringement of others IPRs, gamer may be prosecuted by gamer, whose IPRs have been infringed or attempt to infringe has been made. In case of any dispute qua the infringement of IPRs, the gamer is bound to indemnify the company from any action taken or proposed to be taken by the aggrieved/victim gamer. The infringer is solely and legally responsible for the content or material he uploads directly or via other channels/systems. The company may use any systems to analyze the content to detect infringement and abuse, including spam and malware.

    3. Licence by Gamer
      1. Gamer can retain or transfer the ownership of his content to anyone without the permission or consent subject to 10 days prior notice to the company.
      2. Licence to third party: The gamer shall grant irrevocable, royalty free, transferable, sub-licenceable, worldwide, exclusive, rights/licenses to third party:-
        1. to view, share, like, comment etc on his content while live streaming, sharing the content or thereafter.
        2. to enjoy his content/s, by watching, playing or listening the same.
    4. Licence to Company: A Gamer hereby grants irrevocable, royalty free, transferable, sub-licensable, worldwide, exclusive, rights/licenses to company: -
    5. To use, share, distributes, lease, commercialize the content either wholly or partly anywhere or to anyone or to use the content in any manner as it deem fit while creating, streaming or thereafter at any time.
    6. That at any time, if it finds to the company that any content of a gamer is infringing the IPRs of others or committing breach of any of the terms of this agreement or may cause loss, harm to company or to any other user, game author or third party, the company may at its discretion remove or suspend said content. Company is under no obligation to inform the gamer prior to remove said content. However, the gamer may avail the remedy against said removal or suspension of content by an appeal through the help desk of the company.
    7. even after suspension, removal or termination of login ID, the content already distributed, reproduced or shared by the company before its suspension, removal or termination for any purpose including commercial purpose or if it was copied by third party shall be continued as it is beyond the control of company. However, the company shall not further distribute or reproduce said content, once it was removed by the gamer himself.
    8. That it may share the tool or software system with third party or ad agency to upload one or numerous ad beyond the control of company.
    9. Gamer can also avail the other options on the platform to save, copy, share etc. of his content before its removal.
    10. A gamer at any time may terminate, stop, close or suspend his login ID and stop using the app or game floor.
    11. Company shall not be under any obligation anytime to entertain any request of gamer to provide the copy of his content after removal, suspension or termination of his login ID.
  10. Copyright Protection Guidelines
    1. Company honors the intellectual property rights of everyone and expects the same from its users, content creators.
    2. The company may provide access to the holders of IPRs to manage their intellectual property rights online. If an IPR holder believes that his copyrights are being infringed on the platform, he is recommended here to inform us through an information notice .
  11. Termination and Suspension of login ID
    1. The company may close, stop, terminate or suspend any of the services being availed/enjoyed by you or your login ID, if (A) your are found to be guilty of infringing the copyrights/IPRs of third party/ies; (B) you are found to breach the any of the terms of this agreement/policy; (C) you are not found to comply with the legal requirement or an order of the court or other competent authority; (D) you are found creating trouble, causing nuisance online to the company, its associates, affiliates, , viewer, visitor, user of platform, or third party (E) you are found to be the guilty of providing of false information to the company while registering him with the company.
    2. The company is under no obligation to notify the reason of such termination or suspension to you unless required by law, court order or with the order of any other competent authority. While terminating the login ID, if possible, the company may provide a sufficient time to you, content creator to export your material/data/content from the app or platform.
    3. In case of termination of login ID, you are allowed to view the content available on the platform and this policy agreement will continue to apply.
    4. In case you feel that your account has been terminated due to some error, then you have right to appeal to the company.
    5. If you are found violating the terms of this policy or terms of use or also violating any law including the social laws, duties, instructions and guidelines or violating the IPRs of others, you account may be suspended or terminated OR your app may be de-activated or other action may be taken against you at the discretion of company.
    6. If any content of yours is being violated and if it is found that anyone is violating the terms of this policy or terms of use or also violating any law including the social laws, duties, instructions and guidelines or violating the IPRs related to your account or content, you may make a complaint to the company and then the company shall proceed said complaint.
  12. Content and Connected Sites
    1. Company allows a gamer for creation and sharing of content on the game floor directly or via connected site/s only through the company or other RTMP/RTMP compatible third party utilities like ScreenRecorder™, OBS or other social media accounts of gamer
    2. While using and enjoying the platform, user/gamer must comply with the terms of use and this policy. Failure to enforce any of the terms of the present policy or terms of use does not amount to a relaxation or waiver of rights to the user/gamer by the company to enforce such roles in any situation/case and it may be enforced at any time with retrospective effect.
  13. Warranty Disclaimer
  14. The services on the platform are provided ‘AS IS’ and the company does not make any warranty about the (a) content provided on the platform; (b) specific features of any service on the platform, its accuracy, reliability, availability, or ability to meet the needs of user; (c) accessibility of any content submitted by the user.

  15. Limitation of Liability
  16. The company, its affiliates, officers, directors, employees and agents for any claim, regardless of whether the claim asserted is based on warranty, contract, tort, or any other legal provision will not be responsible for any loss of profits, revenues, business opportunities, goodwill, or anticipated savings; loss or corruption of data; indirect or consequential loss; punitive damages caused by: a. errors, mistakes, or inaccuracies of any service on the platform; b. personal injury or property damage to you resulting from use of the platform; c. any unauthorized use of the service; d. any interruption or cessation of the service; e. any viruses or malicious code transmitted to or by any third party; f. any content either submitted by a game author or company, including the use of content by any, user, viewer, visitor, third party, and/or g. The removal or unavailability of any content.

  17. Indemnity
  18. You agree to defend, indemnify and hold harmless the company, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) use of platform online or offline; (ii) violation of any term of this policy or terms of use; (iii) violation of any third party right, including without limitation any IPR or privacy right; or (iv) any claim that your content caused damage to a third party.

  19. Governing Law
  20. Indian laws shall be governed over all the disputes. Mohali courts shall alone have territorial jurisdiction to try and decide any dispute arising out of or relating to this policy.