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
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
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.
Use of the Platform
- Key Points
- Company: means 'AppSmartz™'
- Associates: Associates are the sister concern/s, affiliated companies, business
associate/s, advertisement partner/s and gaming partner/s of the company.
- 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.
- A company, institute, business firm, NGO or any other organization or any
- User can enjoy the platform, but on registration with the company by a
separate login ID, user will be known as a ‘Gamer’.
- Service: Company has provided the Online Game Floor, (hereinafter referred as
- The pronoun ‘he’ and its derivatives are used of any person, whether male or
Information of Gamer
- User or Gamer is allowed to use the platform only for himself.
- 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.
- Gamer is suggested to review his privacy settings in a routine.
- Gamer can review his content.
Content on Game Floor and its use
- 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.
- Said information may be used by the company to make the platform better
in future and to serve a gamer better in future.
- Said information may also be used by the associates of the company.
- Said information may be used by company on its other channels,
platforms, directories, apps, applications, etc.
- No changes will be made by the company in said information provided by
- Gamer is suggested to review his privacy settings in a routine.
- Gamer can review his content.
Permissions and Restrictions
- Gamer can search any content available on the Game Floor, but he is not
allowed to edit, copy or remove the content of others.
- All type of features, software, designs, colors, metrics and others of the
platform shall also be the exclusive IT contents materials of the company.
- The brand, logos, watermarks, trade names, trademarks, service mark
etc. on the platform shall also be the exclusive Intellectual Property Rights
of the Company.
- The pictures, videos, audio, sound, graphics, text, and other IPRs belongs
to the company will remain available on the platform/Game Floor.
- 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.
- Platform allows a user to discover and watch the content or other material
displayed over it.
- 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.
- To upload, live streaming or sharing the content, a Gamer can get the
assistance from FAQ section of the company available on the platform.
- 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
- The content of gamer can be viewed, re-viewed, commented, liked,
shared, by other gamers.
- 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.
- Company is authorized to display, play or publish any advertisement on
the platform online or offline.
- 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.
- Gamer is suggested to retain his data on back up stores, if taken.
Changes to the Service
- Gamer is not allowed to : -
- 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.
- touch the IPRs and other properties of the company.
- access the service using any automated means (such as robots, botnets
- 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.
- remain Involve in any other activity except enjoying the features of game
- misuse any reporting, complaint, grievance, dispute, flagging, which also
includes appealing process, making groundless, vague, vexatious, bogus
or frivolous claims/submissions;
- raise a public screen for his content or to commercialize the same.
- To commercialize the platform or game floor in any manner.
- 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.
- 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.
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.
- 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.
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 online service used/visited by the user.
The Content and its Licence
Copyright Protection Guidelines
- Content uploading
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
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
- Licence by Gamer
- 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.
- Licence to third party: The gamer shall grant irrevocable, royalty free,
transferable, sub-licenceable, worldwide, exclusive, rights/licenses to third party:-
- to view, share, like, comment etc on his content while live
streaming, sharing the content or thereafter.
- to enjoy his content/s, by watching, playing or listening the same.
- Licence to Company: A Gamer hereby grants irrevocable, royalty free,
transferable, sub-licensable, worldwide, exclusive, rights/licenses to company: -
- 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.
- 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
- 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.
- 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.
- Gamer can also avail the other options on the platform to save, copy, share
etc. of his content before its removal.
- A gamer at any time may terminate, stop, close or suspend his login ID and
stop using the app or game floor.
- 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.
Termination and Suspension of login ID
- Company honors the intellectual property rights of everyone and expects
the same from its users, content creators.
- 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 .
Content and Connected Sites
- 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.
- 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.
- 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.
- In case you feel that your account has been terminated due to some error, then
you have right to appeal to the company.
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
- If any content of yours is being violated and if it is found that anyone is violating
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.
- 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
- 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
user/gamer by the company to enforce such roles in any situation/case and it
may be enforced at any time with retrospective effect.
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
Limitation of Liability
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.
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;
party right, including without limitation any IPR or privacy right; or (iv) any claim
that your content caused damage to a third party.
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.