GameSee™ Terms of Use

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

The user is recommended and suggested to go through this agreement carefully and once it is accepted 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 this agreement of terms of use of application GameSee™.

Definitions
1. GameSee™ Platform: means a Game Streaming platform (hereinafter referred as Platform) made to enjoy the games online. It also includes the features described hereinafter in this agreement. It is made operational subject to the acceptance of this agreement of terms of use as well GameSee™ Privacy Policy. GameSee™ platform may be enjoyed either through its web application named GAMESEE™ or through its mobile app GameSee™ Mobile App.
2. Game Floor: means an online Game Floor provided by the Platform, where a gamer can create his content.
3. Device: means the mobile/handset of a user, any computer, desktop, laptop, tablet, or any other electronic system or gaming console.
4. Content: Means only the self created gaming material/content uploaded, edited, commented, chats, recorded, liked, viewed, shared, streamed either on platform through game floor directly or through RTMP (Real Time Messaging Protocol)/RTMP compatible third party utilities like ScreenRecorder™, OBS (Open Broadcaster Software) or other social media accounts of gamer or on any or all others accounts connected by the gamer via connected site/s directly or through other application/mobile app of company. It includes all the materials like sending photos, posters, emoji, audio, video messages, expressions, GIF, stickers etc. functioned by a gamer on the platform from his own account.
5. Gamer: means the person, who creates the content
6. Connected Site: means other social networking, gaming, media applications, websites, including Facebook, Twitter, Twitch, instagram, YouTube, linkedIn, discord, Weibo, Nimo.Tv, dlive, mixer etc.
7. Data: which is not content, but used/enjoyed from or through the platform without login ID.
8. User: means a person competent to understand and to consent to the company on these Terms of Use as well Privacy Policy and who enjoys any of the features of the platform and it also includes a gamer.
9. Abusive content: means the content, which is vulgar, obscene, filthy, derogatory, defamatory, pornographic, abusive or punishable by any law, any abusive language, video, hate speech, racism, colouring remarks, anti-national, anti-religion, sign, expression, still photo OR all other content/data/material, which is not related to the game/s. In case of any abusive content as defined here is being displayed/streamed or audible in any game, then said game will also be considered as abusive content.
10. Offensive content: means data or content arranged, managed or manipulated, forged, fabricated, hacked by the user/gamer or by any other person/third party, legal entity by any means or through any device, system, technology or from any place.
11. Third Party: means any person or legal entity except the user of platform.
12. IPRs: means the Intellectual Property Rights containing the name, brand, design, size, graphics, web-design, logo, music, sign, expression, symbol, song, still photo, service mark/s, words, trademark etc. of company, firm, person, institute or any other legal entities or their products or services.
13. Gaming Partner: means the partner/s of the company, who will or may assist the company or to whom the company will or may assist with regard to smooth functioning of platform and its features.
14. Video Metadata” means video thumbnail, Title, Resolution, video size, photo size, graphics etc.
15. The pronoun ‘he’ and its derivatives in this agreement are used of any person, whether male, female, third gender or any other legal entity.

Whereas, a gamer is required to create his login ID and securing the same with confidential password. It is clarified that while login on the platform, said password is necessary and except that, the company does not ask any gamer about his password. So, it is necessary to keep the password confidential. Company will not be responsible for login the registered ID by someone else other than the gamer.

Features
1. A gamer may stream his content anytime on the platform from his device.
2. While uploading any content, while streaming or sharing any content on the game floor, a gamer is required to make his login ID and securing the same with confidential password.
3. A gamer may generate any content by chatting with other gamers in any form like sharing, commenting, sending messages, liking, pictures, gifts, GIFs, stickers, posters, audio or video messages, flags, expressions, emoji etc. and also by viewing other’s content.
4. The content of a gamer will be saved on the platform. However, a gamer may hide its content. The company is not under any obligation to provide the updated content of the gamer, if the gamer remove his registered ID and quits the platform.
5. The gamer can save or edit his content.
6. The gamer can use or display his name or photo on the platform on his displayed page and also while streaming his content.
7. The content is not allowed to be copied or moved from the registered ID to other place.
8. The content cannot be edited by another gamer/user.
9. Any person can view the content of others without registering with the company by making his separate login ID.
10. A user may view the FAQ section of the policy for searching the option to register with the company via a separate login ID.
Content Storage
1. The company stores the original and edited content of a gamer.
2. The company does not store/save the viewing content of a user, which was viewed without creating a login ID.
3. The company strictly restricts and prohibits the gamer from uploading, streaming or creating any abusive content or any material encouraging to abusive content on the platform. The abusive content will be removed from the platform whenever it comes to the notice of company.
4. The company also restricts and prohibits uploading, streaming, creating offensive data on the login ID. The offensive data will be permanently deleted from the platform, whenever it comes to the notice of company.
5. The user/gamer cannot raise any objection, on removal of abusive content or offensive data from the platform.
6. The registered login ID of a gamer habitual to create abusive content or offensive data may be permanently blocked by the company at its sole discretion even without notice to the gamer.
Intellectual Property Rights of the content
Company honors the Intellectual Property Rights of every gamer and also expects the same from a user/gamer
1. Any content on the platform will be considered the exclusively owned property/content of a gamer and he is fully responsible for the same.
2. The company has no role or participation, if the IPRs of third party are infringed by uploading the content by a gamer. Company cannot be made party to any complaint or litigation raised by anyone regarding infringement of IPRs.
3. If a user uploads an offensive data on the platform claiming his own, the company will not be responsible for the same. The company at its discretion or on the complaint of violation of IPRs may suspend or remove said offensive data from the platform at any time even without informing the gamer and in that eventuality; the gamer has no right to object over the same except to resolve the matter with complainant.
4. The back music, song, voice or other audios being heard in the content and the video, expressions, sign, still photo, logo, graphics displayed on the content on the game floor will be the exclusive responsibility of the gamer. The company has no concern with all of it and it may be removed or suspended permanently or temporarily on receiving of any complaint.
5. All rights, titles, and interests in the platform except the content created over it are and will remain the exclusive properties of company and are protected by its copyright, designs, trademark, all IPRs and other laws.
6. The company does not give any right or licence to user or gamer to use the name of company and platform, its designs, graphics, trademarks, logos, domain names, and other IPRs.
7. The company at sole discretion reserves its right to remove the content alleged to be infringing without prior notice and without liability to the gamer.
8. In some appropriate circumstances, the company may also terminate a gamer’s account if he is found to be the guilty of infringement of any of the IPRs of others or of creating abusive content or offensive content on the platform or via connected site/s.
Other Terms
1. Company suggests the user having age as approved globally and suggested by the IARC i.e. the age of 13 years or more to enjoy the platform. If the law of the State restricts, prohibits or disagree with the global age given by the IARC, then the age of user must be as per the law of his state. However, in India, the age of maturity is 18 years and the age of user in India must be 18 or above. The company is not responsible and liable to any law, if the user has given wrong information to the company regarding his age. The information provided in the required column by the user will be deemed to be the correct information in all aspects. The company also advices parents and legal guardians to monitor their wards/children’s Internet usage and to help them to enforce this policy. The company also provides its user/s a special right that if any user has reason to believe that some other user has provided wrong information with regard to the age or otherwise, then said informant user can send the company the correct information by any mode and then the company will make endeavor to suspend or terminate the account of the defaulting user from its records.
2. Only the gamer can secure his content by securing the same via confidential password and they are suggested not to share the password with anyone.
3. The access to and use of the platform and any Content thereupon are at the sole risk of a user. The user understands and agrees that the services provided on the platform are ‘AS IS’ basis.
4. When a content is created on the platform directly or through connected site/s, the same will become public and it may be shared by anyone.
5. While streaming the content by a gamer, the company is authorized to stream or share his content simultaneously on any other platform, web application, mobile application, any social site or at any place, where the company deems fit.
6. Gamer is not allowed to upload any promotion, political campaigning, commercial material, SPAM or any chain messages except to his content
7. Viruses, corrupted material, harmful, disruptive or destructive files or code, script or other software designed to automate any functionality of the platform will not be allowed to upload.
8. User/ gamer is also recommended to read carefully these terms of use and Gamesee privacy policy and other relevant policies of the game to be played. User will be deemed to have complete knowledge of all of the aforesaid terms, once he registers with the company.
9. Streaming on the platform, creating the content on the platform and saving the content are purely electronic mechanical process, thus, the company makes no warranty, guarantee, representation of any kind about poor streaming or creating the content or loss of saved content for want of internet speed, force majeure or other technical errors.
10. Company may anytime share or distribute for any purpose, any content of a user available on the platform and the user shall have no objection on it.
11. On closing of account by a gamer, he will not raise any objection on his content stored by the company. Company is not under any obligation to provide any copy of said stored content to him. However, he can save his content while recording or uploading the same.
12. The gamer will notify his email address, mobile phone, residential address and ID number, in case of any change in any of them to enable the company for future communication.
13. The failure of company to execute/enforce any provision of these terms at any particular time will not be deemed a waiver of such provision. It may be enforced any time later on with retrospective effect.
14. The gamer shall have no objection on playing/running any advertisement by the company or to use its name, logo, design, graphics or all the IPRs of the company on the displayed screen of the account of a user while watching either in live or in the uploaded content or otherwise.
Governing Law and Jurisdiction

Indian Law will be governed to enforce these terms of use and other policies of the company as referred above. Any dispute arising from these terms of use shall be referred to the sole arbitrator appointed by the company. The place of arbitrator shall be at Mohali, Punjab, India. The fee of arbitration shall be paid by the aggrieved. The proceedings of dispute from beginning to end shall be recorded in the English language.