Terms of Service

Gay or Nay is operated by Social Positivity LLC, a Wyoming limited liability company (“Social Positivity,” “we,” “us,” or “our”). By accessing or using Gay or Nay, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the service.

You must be at least 18 years old and legally able to enter into this agreement. Gay or Nay is not intended for minors. Do not upload a photo of anyone under 18.

Gay or Nay is a social guessing game. Community votes, percentages, Gaydar Ratings, rankings, badges, and other results reflect game activity and perception. They are not statements of fact, professional assessments, or reliable evidence of anyone's sexual orientation, identity, character, or attributes.

Orientation labels used for eligible scoring are optional, self-declared by an uploader, and may be withheld. We do not independently determine or guarantee anyone's orientation.

Rated predictions may use either an uploader's self-declared answer or a fixed game answer assigned to a fictional starter photo. A starter-photo answer is only a game mechanic; it is not a claim about any real person's sexual orientation. Skips and votes on unrated community photos do not affect your Gaydar Rating.

You may vote without an account. Features such as uploading, profile management, ratings, leaderboard participation, and reporting may require an account. You are responsible for access to your email and authenticated session and for activity performed through your account. Provide accurate information and tell us promptly if you believe your account has been compromised.

You may upload a photo of yourself or another adult. For every upload, you must have permission from the person shown and confirm that person is at least 18 years old. You must also own the photo or have all rights and permissions needed to upload it and grant the license below. Photos of other people are community-only and do not affect Gaydar Ratings. Do not upload content that is unlawful, deceptive, sexually explicit, violent, harassing, privacy-invasive, infringing, or otherwise unsafe.

You retain ownership of content you upload. You grant Social Positivity LLC a non-exclusive, worldwide, royalty-free license to host, store, reproduce, resize, crop, process, display, and distribute that content only as reasonably needed to operate, secure, moderate, and provide requested sharing features. This license ends when the content is permanently deleted, except for limited backups, audit records, legal obligations, and content already shared by you or others outside the service.

You may not manipulate votes or rankings; use bots, scripts, or automated traffic; evade rate limits or moderation; scrape personal information; impersonate others; probe security controls; introduce malware; or use the service to harass, shame, threaten, or discriminate against anyone. Share cards and statistics may change as additional votes are received.

You can report a photo for reasons including identity, lack of permission, a minor, harassment, or duplication. A reported photo may be hidden while it is reviewed. We may approve, hide, restore, or remove content and may suspend or ban accounts when we reasonably believe action is needed to protect people, enforce these Terms, or comply with law. We are not obligated to publish any upload or to preserve any content indefinitely.

If a photo shows you or you believe it was uploaded without authorization, use the in-product report control or email gayornay@gmail.com. We may request limited information to verify an ownership dispute.

Uploaders may remove their photos from discovery using available account controls. You may stop using the service at any time and may request account or personal-data deletion by emailing us. We may restrict or terminate access for violations, risk, abuse, legal requirements, or discontinuation of the service. Some records may be retained as described in the Privacy Policy.

The service, brand, logo, software, interface, and original content supplied by Gay or Nay are owned by Social Positivity LLC or our licensors and are protected by applicable law. These Terms do not give you ownership of them. You may not copy or exploit them except as the service expressly permits.

The service is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we disclaim implied warranties, including merchantability, fitness for a particular purpose, and non-infringement. We do not promise uninterrupted availability, perfect accuracy, preservation of content, or that all harmful conduct will be detected.

To the fullest extent permitted by law, Social Positivity LLC and its owners, officers, employees, and agents will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost data, profits, goodwill, or opportunities arising from the service. Our total liability for claims relating to the service will not exceed the greater of $100 or the amount you paid us in the 12 months before the claim. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

We may update these Terms as the service evolves. We will post the revised version and update its effective date; material changes may also be communicated in the service. Continued use after the new effective date means you accept the revised Terms. These Terms are governed by the laws of the United States and the State of Wyoming, without regard to conflict-of-law rules, except where applicable law requires otherwise.

Questions or legal notices for Social Positivity LLC, operator of Gay or Nay, may be sent to gayornay@gmail.com.