GameSee Terms of Use

GameSee Private Limited on behalf of itself and its affiliates/group companies including the brand GameSee (GameSee or Us or We), is the author and publisher of the internet resource https://www.gameSee.tv/ and its mobile applications (collectively referred to as the Platform).

GameSee owns and operates the services provided through the Platform.

IMPORTANT

Read carefully before using the website.

GameSee is a game streaming platform to stream games online and other related features. These Terms of Use (this Agreement) is a legal agreement between you (You or Your the end user of Gamsee) and includes any person or the website is an application and/or a service that allows you to discover and watch text, graphics, images, music, software, audio, video, information or other materials available (collectively content), including all features and functionalities, website(s) of GameSee, and user interfaces, as well as all content and software associated with GameSee service (collectively with content, referred to Services).

By accessing and/ or viewing the Platform you agree and accept and to abide by adhere to and bound by terms of this Agreement and the warranties, disclaimers and limitation of liability set out in hereunder. If you are accepting this Agreement on behalf of a corporate licensee, you represent that you are authorized to do so. If you are not so authorized, nor deemed in law to have such authority, you assume sole personal liability for the obligations set out under this Agreement. If you do not wish to accept these terms and conditions, you must immediately leave/ remove the Platform from your device. This Agreement is between you and the Platform and not any other party. Your access to and use of the services is subject to these terms and conditions of this Agreement, the Privacy Policy and all applicable laws, rules, and regulations. Any participation in any contest, competition, special features, and or game conducted by the Platform or on the Platform or through the Platform on its platform or viewing of certain content may be subject to further terms and conditions as may be notified by GameSee from time to time on the Platform.

By using the Platform and uploading/viewing/ sharing content you agree that you are not in conflict with any agreement, contract or local laws.

CHANGES TO TERMS OF THIS AGREEMENT

GameSee may change the terms of this Agreement at any time and such changes shall be effective immediately. You are responsible for reviewing the Terms of Use prior to accessing the Platform. Your continued use of the Platform affirms your agreement to the revised Agreement. The most current version of Terms of Use will supersede all previous versions. It is your responsibility to review the Terms of Use periodically.

PRIVACY

Any personally identifying information is subject to our Privacy Policy which can be accessed at https://www.gamesee.tv/. This Agreement and the Privacy Policy together constitute a legal agreement between you and GameSee in connection with your visit to the Platform and your use of the Services (as briefly defined below) through the Platform.

COMMUNICATION PREFERENCES

By using the Services, You consent to receiving electronic communications from GameSee relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications on the service, or in the Your Account page and will include notices about your account (e.g., payment authorizations, change in password or payment method, confirmation e-mails and other transactional information) and are part of your relationship with GameSee. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as newsletters about new GameSee features and content, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive certain non-transactional communications, please inform the same to GameSee. Please review our Privacy Policy for further detail on our marketing communications.

USERS & REGISTERED USERS

For the purpose of this Agreement:

  1. User: Shall mean any person accessing the Platform from any electronic device.
  2. Registered User: Shall mean a User who has subscribed/ registered on the Platform and is using the Services.
APPLICATION, DOWNLOAD AND INSTALLATION
  1. GameSee may be accessed through its website platform or downloaded as an application by the User onto to his / her handheld device in order to avail the Services.
  2. The download procedure of the application needs is based on the operating system of Your device.
  3. You need to have an internet connection to the selected electronic device for the download to begin and complete.
  4. We would not be responsible in case of any fluctuation in the internet connection speed leading to corrupt application file download.
  5. At any given point of time, Your device has to be connected to internet to avail the Services of GameSee. You would be charged separately for the internet connection and the charges will depend on your plan subscribed from the internet service provider. We would not be held responsible in case of any issues pertaining to the data charges applicable.
  6. We shall not be responsible or liable to You for interruption, disruption, deactivation of Service after installation in any event including for reason of force majeure event.
  7. The application can be accessed by the same User on such number of devices as may be decided by GameSee from time to time. The Subscriber cannot be signed in from multiple devices at any one given point of time, unless otherwise permitted by GameSee.
  8. The Platform is compatible on selected Operating Systems (OS) and devices.
  9. We may, at our sole discretion, make bug fixes, updates etc. for the Platform.
REGISTRATION AND SERVICES
  1. Only on providing a valid Mobile Number and/or e-mail address (as may be required by GameSee) at the time of Sign Up / Registration, the Services will be activated. You agree that all the information provided is true and correct.
  2. GameSee reserves the right to reject any Sign Up / Registration without assigning any reason.
  3. By submitting the registration form, You acknowledge that You are fully informed about the Service, have read, understood and agree to be bound by all provisions of this Agreement and have only thereupon opted to register to the Service. No change by You to any information in the registration form shall be valid unless communicated by You and accepted by Us in accordance with the subscription terms.
  4. You must be 18 years of age, or the age of majority in your province, territory, or country, to accessing the Platform and/ or becoming a Registered User of GameSee service. Individuals under the age of 18, or applicable age of majority, may utilize the service only with the involvement of a parent or legal guardian, under such persons account and otherwise subject to this Agreement.
  5. You may view content through the Service primarily within the country in which you have established your account and only in geographic locations where such content may be viewed under local laws. The Content that may be available to watch will vary by geographic location. GameSee may use technologies to verify your geographic location. The number of devices available for use and the simultaneous streams may change from time to time at our discretion.
  6. You are responsible for the security and proper use of Your username and password and for all transactions undertaken using your username and password in this section. No two Users may have the same Username and a User must not create more than one profile on the Platform. GameSee reserves the right to take strict action if multiple profiles are created by the same User on the Platform. You will not impersonate or attempt to mislead other Users with your identity. It is Your responsibility to change Your password immediately if You believe it has been compromised. GameSee will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of Your username and password and/or Your credit card/debit card/net banking account number and other details. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. We reserve the right to suspend or terminate your Account, if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify GameSee of any unauthorized use of your Account. GameSee may collect information such as occupation, language, pincode, area code, unique device identifier, location, and the time zone where the Services are used and may use these to target advertising and make content recommendations.
  7. During such time You hold a valid Account with Us, we grant you a limited, non-exclusive, non-transferable, license to access the Service and view content through the service on a streaming-only basis for that purpose only. Except for the foregoing limited license, no right, title or interest shall be transferred to You.
  8. We continually update the Service, including the content library. In addition, We continually test various aspects of our service, including our website, user interfaces, service levels, plans, promotional features, availability of content, delivery and pricing. We reserve the right to, and by using Service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.
  9. You agree to use the Services, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the Service or content therein.
  10. To ensure smooth functioning of the game ensure that you have a suitable speed internet connection. Please check with your internet provider for information on possible internet data usage charges. GameSee makes no representations or warranties about the quality of your watching experience on your device. The time it takes to begin watching a content will vary based on a number of factors, including Your location, available bandwidth at the time, the content You have selected and the configuration of Your Software ready device.
  11. GameSee may terminate or restrict your use of Service, without compensation or notice if you are, or if we suspect that You are (i) in violation of any of this Agreement or (ii) engaged in illegal or improper use of the Service or (iii) the territory does not permit streaming of the content or part thereof.
  12. GameSee shall be entitled to verify the registration details and other compliances with the subscription terms and the intellectual property rights of any party. In the event that We detect any violation of these Terms or any intellectual property rights utilizing fingerprinting or any other mechanism or system deployed by Us or by Our authorized representatives, then such fingerprinting or other mechanism or system shall be acceptable to You and any findings of contractual or intellectual property violations and / or violations of any other law/s through the use of fingerprinting or other method presented before the relevant authority shall be treated as conclusive proof of any such violation.
  13. You understand and permit and agree that you want / allow / can avail SMS, email, telephone call, message through whatsapp or similar messaging services, or any other means or services / communication, and that the said service / communication shall be availed in such options as are made available by this Agreement from time to time.
  14. By using our Service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the Service. If Your device is sold, lost or stolen, please change your accounts password or remove the authentication from your log-in method. If you fail to log out or deactivate your device or remove the authentication from your log-in method, subsequent users may access the Service through your account and may be able to access certain of your account information. To deactivate a device, follow instructions on the Your Account page of our website.
  15. The content contained in the Services including but not limited to on the Platform is protected by copyright, trademark, patent, trade secret and other laws, and shall not be used except as provided in this Agreement, without the written permission of GameSee.
  16. You acknowledge, consent and agree that GameSee may access, preserve, transfer and disclose Your account information and/or your original game streaming videos, reviews or comments (collectively, User Material) subject to the Privacy Policy, if required to do so by law to cooperate with mandated government and law enforcement agencies or to any private parties by an order under law for the time being in force to enforce and comply with the law including to various tax authorities upon any demand or request by them or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process and/or any applicable law in the territory; (b) enforce this Agreement; (c) respond to Your requests for customer service; or (d) protect the rights, property or personal safety of GameSee, affiliates, its Users and the public.
  17. You agree that GameSee has the right to temporarily suspend access to the whole or any part of the Services for any technical/operational reason and shall be under no liability to You in such an event. GameSee may, but shall not be obliged to, give You as much notice of any interruption of access to the Services as is reasonably practicable. GameSee will restore access to the Services as soon as reasonably practicable after temporary suspension.
  18. You agree that GameSee shall be under no liability whatsoever to You in the event of non-availability of the Platform or any portion thereof occasioned by Force Majeure.
  19. You acknowledge and agree not to either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, violate, or circumvent any patent; trade secret; copyright, trademark, or other proprietary notice marked on the content or any digital rights management mechanism or device; any content protection or access control measure associated with the content, including geo-filtering mechanisms; privacy; publicity; or other proprietary right under applicable law.
  20. You agree not to either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the content or create any work or material that is derived from or based on the Content. This prohibition applies regardless of whether such derivative works or materials are sold, bartered, or given away.
  21. You agree that GameSee and/or its affiliates or licensors owns and/or retains all rights to the Services and the content throughout the territory of the world in perpetuity. You further agree that the Content You access and view as part of the Services is owned or controlled by GameSee, its affiliates and or its licensors. The Services and the Content are protected by copyright, trademark, and other intellectual property laws.
  22. You agree that in the event of deletion of your account, GameSee may in due course as per its internal policies delete your personal sensitive information.
  23. You agree that in the event of deletion of your account, GameSee may in due course as per its internal policies delete your personal sensitive information.
    1. Post, upload or otherwise transmit or link to Content that is: unlawful; threatening; abusive; obscene; vulgar; sexually explicit; pornographic or inclusive of nudity; offensive; excessively violent; invasive of another’s privacy, publicity, contract or other rights; tortious; false or misleading; defamatory; libelous; hateful; or discriminatory;
    2. Harass or harm another person;
    3. Exploit or endanger a minor;
    4. Impersonate or attempt to impersonate any person or entity;
    5. Violate any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary right;
    6. Introduce or engage in activity that involves the use of viruses, software disabling codes, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;
    7. Attempt to decipher, decompile, disassemble or reverse engineer any of the software, applications and/or any element comprising the Site, the application for accessing the Content, or the GameSee’s Services;
    8. Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the GameSee’s Services, including GameSee’s servers, networks or accounts;
    9. Cover, remove, disable, manipulate, block or obscure advertisements or other portions of the Services or the Content;
    10. Delete or revise any information provided by or pertaining to any other user of the Services.
    11. Use technology or any automated system such as scripts, spiders, offline readers or bots in order to collect or disseminate usernames, passwords, email addresses or other data from the Services, or to circumvent, delete, deactivate, decompile, reverse engineer, disassemble or modify any security technology or software that is part of the Services or the Website;
    12. Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the Services. If you do so, you acknowledge you will have caused substantial harm to GameSee, but that the amount of harm would be extremely difficult to measure;
    13. Solicit, collect or request any personal information for commercial or unlawful purposes;
    14. Post, upload or otherwise transmit an image or video of another person without that person’s consent;
    15. Engage in commercial activity (including but not limited to advertisements or solicitations of business; sales; contests; sweepstakes; creating, recreating, distributing or advertising an index of any significant portion of the Content; or building a business using the Content) without GameSee’s prior written consent;
    16. Use technology or other means to access, index, frame, or link to the Platform (including the Content) that is not authorized by GameSee;
    17. Access the Platform /application/Service (including the Content) through any automated means, including “robots,” “spiders,” or “offline readers” (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices – but not caches or archives – of the Platform and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);
    18. Use the Services to advertise or promote competing services;
    19. Use the Services in a manner inconsistent with any and all applicable law;
    20. Attempt, facilitate, induce, aid and abet, or encourage others to do any of the foregoing.
  24. You agree that Your use of the Services and the content may give you the opportunity to view, publish, transmit, submit posts and/or comment in accordance with this Agreement. You agree that You will not misuse the content and/or other user material You access and view as part of the Service, including without limitation, download/store the Content by illegal/non-permitted means, or infringe any of GameSee’s/ or its licensor’s copyright, trademark design, patent, and other intellectual property including any rights of GameSee or its licensors subsisting in the content. You further agree that you will not copy/record/edit/modify any of the other User’s content You access and view as part of the Service, for any purpose, and/or copy/record/edit/modify any content including video, images etc., by using any means including software, spyware, etc., for any purpose whatsoever. You explicitly agree that GameSee may copy/record/edit/modify the content on the Platform the way it deems fit without any intimation and/ or need of approval from You.
  25. You further agree that You shall not post, publish, transfer, upload, transmit or submit any of the Content owned by GameSee, including without limitation videos, images, comments, User Material or articles, of the Site on any other website, webpage or software, whatsoever which is not owned by GameSee.
  26. In case the Site allows You to download or stream any of the content therein, You agree that You will not use, sell, transfer or transmit the Content to any person or upload the content on any other website, webpage or software, which may violate/cause damages or injuries to any rights of GameSee or its affiliates or any third party including privacy rights, publicity rights, and intellectual property rights.
SHOT FEATURE ON THE PLATFORM

By accessing the Platform You hereby permit GameSee and its Users to record, edit, alter, modify and/ or amend the content uploaded or streamed by You on the Platform and to upload such edited, altered, modified and/ or amended video on the Platform by Gamesee and its Users. This content shall be referred to as “Shots” and will be limited for each continuous content of Yours of upto 30 seconds. Any User uploading a Shot shall be solely responsible for such uploaded content.

SOFTWARE LICENSE GRANT

This Agreement contains details on your limited right and license to use the GameSees Software (“Software”) solely in connection with your use of the Service for any downloadable application. The Software contains material that is protected by copyright and other applicable intellectual property laws in the India and other territories and by international treaty provisions. The Software is licensed, not sold or given, to You by GameSee for use only under the terms of this Agreement and all rights not specifically granted to you herein are reserved to GameSee and to any third party with ownership rights in software and documentation used in the Software. You may not remove any proprietary notice of GameSee or any other party from any copy of the documentation. The rights granted under this Agreement include any software upgrades that replace and/or supplement the original software.

Permitted Use/Restrictions

Grant of Limited License. GameSee grants You a non-exclusive, non-transferable, limited, personal license, subject to and conditioned on Your compliance with the restrictions set forth in this Agreement, to install and use the Software, in object code form only, provided to You by or on behalf of GameSee in connection with Your use of the Service.

The license grant above includes the right to use documentation accompanying the Software for the sole purpose of using the Service and that (i) the Software is installed on only the number of GameSee ready devices authorized by GameSee; (ii) the Software shall NOT be modified; (iii) all copyright notices are maintained on the Software; and (iv) you agree to be bound by all the terms of this Agreement.

The Software is only for your own personal, non-commercial use and not for use in the operation of a business or service bureau, for profit or for the benefit or any other person or entity.

As a condition of the limited license for the Software granted to you in this Agreement, except as and only to the extent expressly permitted in this Agreement or by applicable law which cannot be waived by this Agreement, you may NOT:

  1. publish, display, disclose, rent, lease, modify, loan, distribute or create derivative works based on the Software or any part thereof;
  2. copy, decompile, reverse engineer, disassemble, translate, adapt or otherwise reduce the Software to human readable form;
  3. attempt to create the source code from the object code of the Software;
  4. transmit or make the Software available over a network where it could be used by multiple computers or GameSee ready devices at the same time;
  5. make any third-party software contained in the Software a standalone product;
  6. take any action that will infringe on the intellectual property or other proprietary rights of GameSee or any third party software provider;
  7. sublicense or assign the Software;
  8. view any Content provided by GameSee or its suppliers anywhere other than within the country or location authorized by GameSee (Territory); and
  9. instantly watch Content outside of the Territory, and GameSee may use technologies to verify your compliance.

If you uninstall the application, you will no longer be able to use the Platform to view content on that device.

No ownership rights: You have no ownership rights in any website, application or software of GameSee. Rather, you have a limited license to use the Software as long as this Agreement remains in effect. Ownership of the Software and all intellectual property rights therein shall remain at all times with GameSee and/or its licensors. Any other use of the Software by any other person, business, corporation, government or any other entity is strictly prohibited and is a violation of this Agreement. All rights not expressly set forth hereunder are reserved by GameSee.

Your ability to use the Service is subject to your system compatibility with our Software as such requirements may change from time to time. Compatibility of system requirements with the Software is Your responsibility.

Third Party Content/Third Party Software

Content: Title and intellectual property rights in and to any content displayed by or accessed through the Software belongs to the respective Content owner including GameSee. Such content is protected by copyright or other intellectual property laws and treaties, and is subject to terms of use of the third party providing such Content. Apart from your right to view the Content, this Agreement does not grant you the right to copy, distribute, prepare derivative works, publicly display, or make other use of such Content.

Software: There may be software programs contained within the Software that have been licensed to GAMESEE by third parties. The term Software as used herein shall refer to such third party software except where the term Software refers expressly to the ownership or other specific rights of GAMESEE. The same terms and conditions, including all limitations and restrictions, set forth in this Agreement apply to each third-party software program contained in the Software. Certain software programs specified in the licenses referenced hereinafter below may contain additional grants and/or restrictions.

Upgrading the Software

GAMESEE may issue you an upgraded version of the Software automatically upon an instance of Your use of the Software or the Service or otherwise in connection with Your use of the GAMESEE ready device. Alternatively, GAMESEE may require You to consent to an upgrade to the Software (Software Upgrades) before using, installing or accessing the Software. If you decline the Software Upgrades, you may not be able to use or access the Software or the Service.

Consent to Use of Data

The Platform may provide GameSee with limited access to Your device. Among other things, the GameSee may receive information related to your use of the Service, including Content (and portions thereof ) viewed, amount of time viewed, information regarding Your computer system, such as a unique device identifier, Your operating system, existing software, amount of available storage space and internet connectivity, and Your interaction with the Software. This information will, among other things, enable GameSee to manage rights associated with the content, allow GameSee to help you use the Software more effectively, enforce Terms of this Agreement and otherwise help GameSee to enhance and improve the Software and the Service. Information obtained by GameSee will be treated in accordance with our Privacy Policy.

ONLINE PAYMENTS

The User may make online payments on GameSee for the following:

  1. Premium subscriptions

    The User may opt for a premium subscription/ account and may be provided a free trial, and may continue for such time as GameSee may decide. We will bill the monthly/annual subscription fee to You. You must cancel your Account before it renews each month in order to avoid billing of the next months fees.

For making payments on the Platform, please note following:

  1. The facility for online payment/s through credit card/debit card/ net banking account is available for select credit card, debit card and net banking account only.
  2. In a credit card and/or debit card and/or net banking transaction/s, the User/Customer must use his/her own card. GameSee will not be liable for any credit card or debit card or net banking fraud. You are requested to communicate all grievances related to such issues to Your Bank/ credit card or net banking account supplier. GameSee will not entertain or address any such grievances or issues.
  3. You confirm that You are aware of the fact that when making any online payment through credit card/debit card/ net banking account, You may be directed to the payment gateway page as per the subscription policy. The payment gateway may redirect You to other website(s) maintained or controlled by third parties and We do not control such third party website/s and are not responsible for any transactions on such website/s.
  4. Payments made online by credit card /debit card/ net banking will not be refunded.
  5. GameSee shall not be responsible for all or any dispute or difference relating to online payment made by You through credit card/debit card/ net banking account.
    Features:
  1. You will not receive a notice from us that your free trial period has ended or that the paying portion of your subscription has begun. We will continue to bill you as per subscription plan until you cancel.
  2. By activating your Account you authorize us to charge you a subscription fees at the then current rate, and any other charges you may incur in connection with your use of the Service to You. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and/or changing or adding a plan, and you authorize us to charge You through agreed payment gateways for such varying amounts, which may be billed as per subscription plan.
  3. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion.
  4. No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS.
  5. You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. GameSee reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. GameSee is not obligated to credit or discount a membership for holds placed on the account by either a representative of GameSee or by the automated processes of GameSee.
  6. By using the Platform and the Services you acknowledge that a User may upload a video which may contain personal banners seeking contributions. GameSee has no revenue share from such contributions and if You wish to make any contributions it shall be entirely at your risk and consequences. You shall not hold GameSee responsible for any losses caused to You by making such contributions.
  7. GameSee has provided a Streamer Incentive Program for the registered users under some circumstances, which may help them to earn money and GameSee has also provided GameSee Shop feature
TERM

GameSee reserves the right to immediately terminate, suspend, limit, or restrict Your account or Your use of the Services or access to Content at any time, without notice or liability, if GameSee so determines in its sole discretion, for any reason whatsoever, including that You have breached these Terms and Conditions, the Privacy Policy, violated any law, rule, or regulation, engaged in any inappropriate conduct, provided false or inaccurate information, or for any other reason. You hereby agree and consent to the above and agree and acknowledge that GameSee can, at its sole discretion, exercise its right in relation to any or all of the above, and that GameSee, its directors, officers, employees, affiliates, agents, contractors, principals or licensors shall not be liable in any manner for the same; and you hereby agree, acknowledge and consent to the same.

LINKED DESTINATIONS AND ADVERTISING

Part of this Platform contains advertising, advertisement videos and other material submitted to us by third parties and/or links to third party sites and third party content. Although display of advertisements on the Platform on request is subject to our terms and conditions, we expressly disclaim any liability arising out of the usage or viewing of these products or services advertised on our Platform or the (third party) content made available / hosted on the third party sites. You agree and acknowledge that GameSee does not endorse or sponsor such third party sites, content, advertising or other material. This Platform may contain articles contributed by several individuals. The views are exclusively their own and do not represent the views of GameSee, affiliates and/ or its management. All liability in respect of the above is excluded to the extent permitted by law including any implied terms. Indian law and jurisdiction applies with respect to contents of this Platform. While using this Platform for information purposes or otherwise, users acknowledge and accept the above disclaimer.

If GameSee provides links or pointers to other websites or destinations, You should not infer or assume that GameSee operates, controls, or is otherwise connected with these other websites or destinations. When You click on a link within the Services, GameSee will not warn You that You have left the Services and are subject to the terms and conditions (including privacy policies) of another website or destination. In some cases, it may be less obvious than others that You have left the Services and reached another website or destination. Please be careful to read the terms of use and privacy policy of any other website or destination before you provide any confidential information or engage in any transactions. You should not rely on these Terms and Conditions and/or Privacy Policy to govern Your use of another website or destination.

GameSee is not responsible for the content or practices of any website or destination other than the Platform, even if it links to the Platform and even if the website or destination is operated by a company affiliated or otherwise connected with GameSee. By using the Services, You acknowledge and agree that GameSee is not responsible or liable to You for any content or other materials hosted and served from any website or destination other than the Platform.

GameSee takes no responsibility for advertisements or any third party material posted on the Platform nor does it take any responsibility for the products or services provided by advertisers. Any dealings You have with advertisers found while using the Services are between You and the advertiser, and You agree that GameSee is not liable for any loss or claim that You may have against an advertiser.

Revenue sharing model with User

GameSee at its sole discretion may consider a revenue sharing model with a User for any advertisements that would play before, during or after the Registered User’s uploaded video on the Platform.

DISCLAIMER OF WARRANTIES

THE WEBSITE, APPLICATION, SERVICES, SOFTWARE AND CONTENT ARE PROVIDED AS IS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, GAMESEE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. GAMESEE MAKES NO WARRANTY THAT THE WEBSITE, APPLICATION, SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS, WILL OPERATE IN THE COMBINATIONS YOU MAY SELECT FOR EXECUTION OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS. GAMESEE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT PURCHASED OR OBTAINED THROUGH THE WEBSITE, APPLICATION OR SOFTWARE OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE WEBSITE, APPLICATION OR SOFTWARE OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM GAMESEE OR THROUGH THE WEBSITE, APPLICATION, SERVICES OR SOFTWARE OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE WEBSITE, APPLICATION OR SOFTWARE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE, APPLICATION OR SOFTWARE OR SERVICES. YOU UNDERSTAND THAT GAMESEE MAY NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE WEBSITE, APPLICATION OR SOFTWARE OR SERVICES, AND GAMESEE MAY NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE WEBSITE, APPLICATION OR SOFTWARE OR SERVICES, OR TO REVIEW THEIR UPLOADED CONTENT. YOU ACKNOWLEDGE THAT CONTENT POSTED BY ANOTHER USER IS NOT GAMESEES RESPONSIBILITY AND THAT SUCH CONTENT MAY BE OFFENSIVE OR HARMFUL TO YOU. GAMESEE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE WEBSITE, APPLICATION OR SOFTWARE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE WEBSITE, APPLICATION OR SOFTWARE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE WEBSITE, APPLICATION OR SOFTWARE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE, APPLICATION OR SOFTWARE OR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER GAMESEE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE, APPLICATION, SOFTWARE, SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE WEBSITE, APPLICATION, SOFTWARE, SERVICES OR CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE WEBSITE OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GAMESEE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL GAMESEES AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE WEBSITE, APPLICATION, SOFTWARE, SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO GAMESEE FOR USE OF THE WEBSITE, APPLICATION, SERVICES OR CONTENT, OR [●] IF YOU HAVE NOT PAID ANY AMOUNTS TO GAMESEE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SPUUL AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN THAT CASE, GAMESEES LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

INDEMNIFICATION

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GAMESEE DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF LACK OF VIRUSES, OF LACK OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, AND LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT, ALL WITH REGARD TO THE SOFTWARE PRODUCT. THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE PRODUCT/SERVICES/CONTENT. THE ENTIRE RISK OF THE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT/CONTENT, IF ANY, REMAINS SOLELY WITH YOU (AND NOT GAMESEE NOR ANY RESELLER OF SOFTWARE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS GAMESEE, 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 ATTORNEYS’ FEES) ARISING FROM: (I) YOUR USE OF AND ACCESS TO THE SERVICES; (II) YOUR VIOLATION OF ANY TERM OF THESE TERMS AND CONDITIONS; (III) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY PUBLICITY, PRIVACY, OR INTELLECTUAL PROPERTY RIGHT; (IV) YOUR BREACH OF ANY APPLICABLE LAWS; AND (V) ANY UNAUTHORIZED, IMPROPER, ILLEGAL OR WRONGFUL USE OF YOUR ACCOUNT BY ANY PERSON, INCLUDING A THIRD PARTY, WHETHER OR NOT AUTHORIZED OR PERMITTED BY YOU. THIS INDEMNIFICATION OBLIGATION WILL SURVIVE THE EXPIRY OR TERMINATION OF THESE TERMS AND CONDITIONS AND YOUR USE OF THE SERVICE.

ASSIGNMENT

You cannot assign or transfer these Terms, by operation of law or otherwise. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. GameSee may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, personal representatives and permitted assigns

DEACTIVATION AND CANCELLATION OF SERVICE

We reserve the right to deactivate or cancel Your Service if at any time any license, permission or authorisation necessary for Us to operate the Service is revoked or suspended. We may cancel Your Service at any time if, in Our sole discretion, We determine that You:

  1. are in breach of any provision of the subscription terms;
  2. have acted in a manner that is inappropriate;
  3. copy, redistribute, relay, re-broadcast, or transmit the Service and/or recordings made via Your Device in an unauthorised manner or otherwise allow the interception of the Service and/or recordings made via Your device by any equipment which would allow unauthorised viewing of the Content.
  4. permit or allow the viewing of content certified for adult viewing by minor/s;
  5. sell or make any charge for the viewing of the Service and/or any recordings including those made via Your device;
  6. use in any manner whatsoever any of Our proprietary rights such as trademarks, service marks, logos, trade names and any other proprietary designations of GameSee.
PROMOTIONAL / SPECIAL OFFERS & GIFT VOUCHERS
  1. For the purpose of promotional activities and various alliances, GameSee may offer valued GameSee services free of charge or gifted at special prices to valued customers.
  2. You may be eligible to avail of such promotional or gift packages and offers only once during its valid period. Any user attempting to reuse a promotional voucher / offer, or activating multiple vouchers by tampering with the voucher system, is liable to have his/her services revoked or rolled back to a previous valuation at GameSees discretion and without prior notice.
  3. Under no circumstances and under no legal theory, whether in tort, contract, or otherwise, shall GameSee be liable to you or to any other person or entity for any indirect, special, incidental, remote or consequential damages or losses arising from any action on behalf of GameSee to prevent misuse of promotional or special alliance offers.
  4. In case of SMS based activities, GameSee bears no liability to you or to any other person or entity for losses or billing and/or deductions from a telecom operator to you for such SMS sent for any GameSee services, offers or otherwise.
  5. GameSee reserves the right to revoke or amend the services offered by such special offers and vouchers at any time at its discretion without prior notice.
APPLICABLE LAW AND DISPUTE SETTLEMENT

You agree that this Agreement and any contractual obligation between GameSee and the User will be governed by the laws of India.

Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Platform or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator mutually appointed by the Parties. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be at Mohali, Punjab. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute. Subject to this Clause, the courts at Mohali shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Platform or the Services or the information to which it gives access.

CONTACT INFORMATION GRIEVANCE OFFICER

If a User has any questions concerning GameSee, the Platform, this Agreement, the Services, or anything related to any of the foregoing, GameSee customer support can be reached at the following email address: support@gamesee.tv

SEVERABILITY

If any provision of this Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

WAIVER

No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by GameSee. Any consent by GameSee to, or a waiver by GameSee of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

SURVIVAL

You acknowledge that Your representations, undertakings, and warranties and the clauses relating to indemnities, limitation of liability, grant of license, governing law, confidentiality shall survive the efflux of time and the termination of these Terms.

ENTIRE AGREEMENT

This Agreement and Privacy Policy constitute the entire agreement between You and GameSee governing Your use of the Services, superseding any prior agreements between You and GameSee regarding such use.