Terms of Service
These Terms of Service are effective on September 19, 2023
These Terms of Service (“Terms”) govern your access to and use of the services provided by Gamesight Inc., a Delaware corporation (“Gamesight,” “we,” “us,” or “our”), including (a) our website, our application, and our other services that reference these Terms (collectively, the “Services”), and (b) any information, text, graphics, photos or other materials uploaded by you, downloaded by you, or otherwise accessed by or appearing on the Services (collectively, the “Content”). Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.
We may revise these Terms from time to time without direct notice to you, and the most current version of these Terms will always be posted at creators.gamesight.io/tos By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
1. General
You are responsible for your use of the Services, for any Content you post to the Services, any Content you access from the Services, and for any consequences thereof. You acknowledge and agree that by consenting to these Terms and using the Services, the Services may access certain information on your device. Your Content may be shared privately by Gamesight by other users of the Services, including commercial users (e.g., video game developers) (collectively, “Users”). You should only provide Gamesight Content that you are comfortable sharing with others under these Terms. You may use the Services only in compliance with these Terms and all applicable laws, rules and regulations.
2. Privacy
Any information that you or other Users provide to Gamesight is subject to the Privacy Policy available on our website located at console.gamesight.io/privacy-policy which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use of your information as set forth in the Privacy Policy.
3. Eligibility
The Services and all Content are intended for Users who are 13 years of age or older. Any use of, or access to, the Services or Content by anyone under the age of 13 is unauthorized, unlicensed, and in violation of these Terms. By using the Services, you represent and warrant to Gamesight that you are 13 years of age or older. If you are 13 years of age but less than 18 years of age, you represent and warrant to Gamesight that you are using the Services of, and supervised by, your parent or guardian.
4. Registration; Passwords
In order to use the Services, you must have or create an account with Twitch, YouTube, TikTok or another similar social media platform as allowed by the Services (collectively, a “Social Media Login”), and sign in using such Social Media Login. If you login to the Services using your Social Media Login, you authorize Gamesight to access and use certain Social Media Login account information, including your public profile and related information. For more information regarding the information we collect from you and how we use it, please consult our Privacy Policy. You are responsible for safeguarding your log in credentials, including your password, and for any activities or actions taken under your credentials. Gamesight will not be liable for any actions taken on or through your account with your credentials.
5. Your Responsibilities and Use of Your Content
You are responsible for your use of the Services, for any Content you provide, for any Content you transmit to third parties using our Services such as Twitch or YouTube, and for any consequences thereof, including consequences resulting from the use of your Content by other Users and our third party partners. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit, including but not limited to all necessary consents from third parties who appear or are captured in any way in your Content.
6. Your License To Use the Services; Service Fees; Payment Terms
Gamesight grants you a worldwide, non-assignable, non-transferable, non-sublicensable, revocable, and non-exclusive license to use the Services. Gamesight reserves all rights not expressly granted herein. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Gamesight, in the manner permitted by these Terms.
7. Intellectual Property Rights; Feedback
All right, title, and interest in and to the Services (excluding Content provided by Users) are and will remain the exclusive property of Gamesight and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Gamesight name or any of the Gamesight trademarks, logos, domain names, and other distinctive brand features. You acknowledge and agree that all feedback, comments, or suggestions you provide Gamesight regarding Gamesight, the Services, or Content (collectively, “Feedback”) is entirely voluntary and Gamesight will be free to use such Feedback as it sees fit and without any obligation to you. In recognition of the foregoing, you hereby: (a) assign all your right, title, and interest in and to all Feedback to Gamesight including all intellectual property rights contained therein; and (b) you acknowledge and agree that all Feedback is the exclusive property of Gamesight.
8. Restrictions on Content and Use of the Services
We reserve the right to immediately suspend or terminate Users from the Services for any reason or no reason. We also reserve the right to access, read, preserve, and disclose any information or Content as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, (v) protect the rights, property or safety of Gamesight its Users and the public, or (vi) protect our legitimate business interests.
You may not do any of the following technical actions while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Gamesight’s computer systems, or the technical delivery systems of Gamesight’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Gamesight (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services; (vi) dissemble, decompile, or reverse engineer any of the Services, in whole or in part, or permit or authorize a third party to do so; (vii) modify or otherwise make derivative works of the Services or the Content; (viii) alter or remove any copyright, trademark, or other proprietary notices contained in or on any portion of the Services or Content; or (ix) delete, hide, or modify any advertising in any Content or included in the Services.
You may not do any of the following other actions while using the Services: (i) upload Content or use the Services in a manner that violates or infringes upon any third-party’s intellectual property rights, publicity rights, or rights to privacy; (ii) upload Content or use the Services in a manner that is illegal, defamatory, hateful, misleading, false, disparaging, threatening, pornographic, indecent, violent, violence inciting, immoral, or inappropriate; (iii) upload Content or use the Services to bully, intimidate, harass, stalk, or disparage any person; (iv) upload Content or use the Services in a manner that’s harmful or potentially harmful to Gamesight or any third-party, all as solely determined by Gamesight; or (v) upload Content or use the Service to directly solicit money from any Users.
10. No Endorsement, Sponsorship, or Guarantee of Users or Third Parties.
GAMESIGHT DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY USER CONTENT PROVIDED THROUGH THE SERVICES, OR (II) ADOPT, ENDORSE, NECESSARILY AGREE WITH, OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS IN THE SERVICES. UNDER NO CIRCUMSTANCES WILL GAMESIGHT OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED IN THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS.
11. Termination
You may terminate these Terms at any time by deactivating your account and discontinuing your use of the Services. Except as provided herein, all Service Fees paid are non-refunded. Gamesight may suspend or terminate your account or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we believe: (i) you have violated these Terms; (ii) you create risk or possible legal exposure for us; (iii) our provision of the Services to you is no longer commercially viable; or (iv) prolonged inactivity on your account. We will make reasonable efforts to notify you by the email or through your account of such termination. In the event Gamesight terminates your account for reasons other than subsections (i) and (ii) above, Gamesight will provide you a pro-rated refund within 60 days of Service termination.
12. Disclaimers, Limitations of Liability, and Indemnity
Your access to and use of the Services is at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis, and Gamesight is not obligated to maintain, update, or support the Services or Content. Without limiting the foregoing, to the maximum extent permitted under applicable law, GAMESIGHT DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GAMESIGHT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF GAMESIGHT EXCEED THE GREATER OF U.S. TEN DOLLARS (U.S. $10.00), OR THE AMOUNT YOU PAID GAMESIGHT IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT GAMESIGHT HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree to indemnify, defend, and hold harmless Gamesight, our affiliates, advertisers and each of our/their respective directors, officers, shareholders, employees, independent contractors, agents, representatives and successors and assigns, from and against any losses, liabilities, suits, claims, actions, costs, damages and expenses (including, without limitation, reasonable attorneys’ fees and expenses) directly or indirectly resulting from, arising out of, relating to or in connection with (i) your violation of these Terms, and (ii) your access to or use of the Services. This paragraph is intended to be applicable to the maximum extent allowed by law.
13. Miscellaneous
The failure of Gamesight to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. These Terms and any action related thereto will be governed by the laws of the State of Texas without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in Seattle, Washington, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. These Terms and our Privacy Policy are the entire and exclusive agreement between Gamesight and you regarding the Services, and these Terms supersede and replace any prior agreements between Gamesight and you regarding the Services. These Terms and the rights granted hereunder may not be transferred or assigned by you. Any attempted transfer or assignment of these Terms or the rights granted hereunder by you shall be null and void. Gamesight may assign or transfer these Terms and the rights granted hereunder without restriction of any kind.
For questions or comments about the Services, Content, or anything else related to Gamesight, please contact as follows:
Gamesight Inc.
113 Cherry St.
Seattle WA, 98109
Email: legal@gamesight.io