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
- 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
through its web application named GAMESEE™ or through its mobile app
GameSee™ Mobile App.
- Game Floor: means an online Game Floor provided by the Platform,
where a gamer can create his content.
- Device: means the mobile/handset of a user, any computer, desktop,
laptop, tablet, or any other electronic system or gaming console.
- 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.
- Gamer: means the person, who creates the content
- Connected Site: means other social networking, gaming, media
applications, websites, including Facebook, Twitter, Twitch, instagram,
YouTube, linkedIn, discord, Weibo, Nimo.Tv, dlive, mixer etc.
- Data: which is not content, but used/enjoyed from or through the platform
without login ID.
- User: means a person competent to understand and to consent to the
and who enjoys any of the features of the platform and it also includes a
- 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.
- 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.
- Third Party: means any person or legal entity except the user of platform.
- 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.
- 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.
- Video Metadata” means video thumbnail, Title, Resolution, video size,
photo size, graphics etc.
- 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.
- A gamer may stream his content anytime on the platform from his device.
- 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.
- 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.
- 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.
- The gamer can save or edit his content.
- The gamer can use or display his name or photo on the platform on his
displayed page and also while streaming his content.
- The content is not allowed to be copied or moved from the registered ID to
- The content cannot be edited by another gamer/user.
- Any person can view the content of others without registering with the
company by making his separate login ID.
- 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
- The company stores the original and edited content of a gamer.
- The company does not store/save the viewing content of a user, which
was viewed without creating a login ID.
- 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.
- 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.
- The user/gamer cannot raise any objection, on removal of abusive content
or offensive data from the platform.
- 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
- Any content on the platform will be considered the exclusively owned
property/content of a gamer and he is fully responsible for the same.
- 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.
- 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.
- 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.
- 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.
- 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.
- The company at sole discretion reserves its right to remove the content
alleged to be infringing without prior notice and without liability to the
- 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
- 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.
- Only the gamer can secure his content by securing the same via
confidential password and they are suggested not to share the password
- 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.
- 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.
- 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.
- Gamer is not allowed to upload any promotion, political campaigning,
commercial material, SPAM or any chain messages except to his content
- 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.
played. User will be deemed to have complete knowledge of all of the
aforesaid terms, once he registers with the company.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
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.