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.gg/ and its mobile applications (collectively referred to as the Platform).
GameSee owns and operates the services provided through the Platform.
IMPORTANTRead 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 AGREEMENTGameSee 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.
PRIVACYAny personally identifying information is subject to our Privacy Policy which can be accessed at https://www.gamesee.gg/. 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 PREFERENCESBy 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 USERSFor 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 GRANTThis 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/RestrictionsGrant 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
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 PAYMENTSThe 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:
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 ADVERTISINGPart 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 WARRANTIESTHE 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 LIABILITYYOU 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.
INDEMNIFICATIONTO 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.
ASSIGNMENTYou 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 SERVICEWe 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 OFFICERIf 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
SEVERABILITYIf 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.
WAIVERNo 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.
SURVIVALYou 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 AGREEMENTThis 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.