The agreement between you and Prism. Please read it — using the Service means you accept these terms.
Please read carefully. These Terms include an age requirement, important disclaimers of warranties, a limitation of liability, and — in Section 3 — a restriction that makes the Service unavailable to users in the United Kingdom. By using Prism you agree to all of the below.
These Terms of Service ("Terms") form a binding agreement between you ("you" or "user") and Prism, operated as part of wearegays.net ("Prism", "we", "us"). By accessing or using the Prism application at wearegays.net/chat (the "Service"), you agree to be bound by these Terms and by our Privacy Policy, which is incorporated here by reference. If you do not agree, do not use the Service.
You must be at least 13 years old (or the minimum age of digital consent in your jurisdiction, if higher) to use the Service. By using Prism, you represent and warrant that:
The Service is not offered to, and may not be used by, individuals located in the United Kingdom. When you load the Service, we perform an automated check of your approximate country. If you are determined to be accessing from the United Kingdom, access will be denied.
This restriction exists because the Service is a demonstration application not configured to meet the duties that apply to user-to-user services accessible from the UK, including under the UK Online Safety Act 2023. By using the Service, you represent that you are not located in the United Kingdom.
You agree not to use a VPN, proxy, or any other method to disguise your location in order to bypass this restriction. Doing so is a violation of these Terms and any resulting use is unauthorized and at your own risk.
Prism is a real-time, shared chat room. All visitors are placed in one common room and can send messages that are broadcast live to every other person currently in the room, along with the sender's chosen display name and color. There are no bots and no simulated participants — everyone you talk to is another real visitor. The server keeps only a short rolling window of recent messages so newcomers can see context. Because messages are shared publicly with other participants, do not post anything you would not want other people to see.
Prism does not require registration. Any display name, status, or profile you set is stored on your device. You are responsible for the security of your own device and browser. Because your data is local, we cannot recover it for you if it is lost, and clearing your browser storage will permanently erase it.
You agree not to use the Service to do, attempt, facilitate, or encourage any of the following:
"User Content" means anything you send through the Service, such as messages, reactions, and your display name. Because Prism is a shared room, User Content you send is published to other participants:
You grant us a non-exclusive, royalty-free license to transmit, store (for the short rolling window described in Section 4), and display your User Content to other participants for the sole purpose of operating the Service.
We may, but are not obligated to, monitor, review, restrict, or remove access to the Service or any feature at our discretion, and we may take action against conduct we believe violates these Terms or applicable law. In-app moderation features (such as reporting) are provided for demonstration and community-management purposes.
The Service itself — including its name, design, code, graphics, and the "Prism" branding — is owned by wearegays.net and its licensors and is protected by intellectual-property laws. Except for the rights expressly granted to you to use the Service under these Terms, no rights are transferred to you. You may not copy, modify, distribute, sell, or lease any part of the Service, except as permitted by law or with our prior written consent.
The Service uses third-party IP-geolocation providers to determine regional availability, as described in our Privacy Policy. We are not responsible for third-party services, their availability, or their terms. Your use of any third-party service is governed by that party's terms.
Your use of the Service is subject to our Privacy Policy, which explains what limited information we handle and how. Please review it carefully.
The Service is provided on an "as available" basis. We may modify, suspend, or discontinue any part of the Service at any time, with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Service.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DATA STORED LOCALLY WILL BE PRESERVED OR RECOVERABLE. YOU USE THE SERVICE AT YOUR OWN RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PRISM, WEAREGAYS.NET, OR THEIR OPERATORS, CONTRIBUTORS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, PROFITS, REVENUE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE EXTENT LIABILITY CANNOT BE FULLY EXCLUDED, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (USD $100) OR THE AMOUNT YOU PAID US TO USE THE SERVICE (WHICH, FOR A FREE SERVICE, IS ZERO), WHICHEVER IS GREATER.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages, so some of the above may not apply to you. Nothing in these Terms limits liability that cannot be limited by law.
You agree to indemnify, defend, and hold harmless Prism, wearegays.net, and their operators from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or connected with: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any law or the rights of a third party.
These Terms remain in effect while you use the Service. We may suspend or terminate your access at any time, with or without cause or notice, including if we believe you have violated these Terms. You may stop using the Service at any time and clear your locally stored profile via your browser settings. Sections that by their nature should survive termination — including Sections 7, 9, and 13–18 — will survive.
These Terms are governed by the laws applicable to the operator of wearegays.net, without regard to conflict-of-law principles. You agree that any dispute arising out of or relating to these Terms or the Service will be resolved on an individual basis, and you waive any right to participate in a class action to the extent permitted by law. Where required, disputes shall be brought in the competent courts having jurisdiction over the operator. Nothing here deprives you of any mandatory consumer protections available under the law of your place of residence.
We may revise these Terms from time to time. When we do, we will update the "Last updated" date. Material changes will be surfaced within the Service where practical. Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms.
Questions about these Terms can be sent to:
wearegays.net
Attn: Legal — Prism
Email: [email protected]