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.
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
For the purpose of this Agreement:
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:
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
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 User may make online payments on GameSee for the following:
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:
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.
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 assignsDEACTIVATION 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:
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: email@example.comSEVERABILITY
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