Last modified date: August 24, 2019
Acceptance of the Terms of Service
The following terms and conditions, together with any documents they expressly incorporate by
reference (collectively, these "Terms of Service"), govern your access to and use
of www.smutpond.com ("we", "us", "our", ours" and/or the "Website"), including any content,
functionality and services offered on or through the Website, as a registered user ("User"). These Terms
of Service apply to the Website, web pages, interactive features, applications, widgets, blogs, social
networks, social network "tabs", or other online or wireless offerings that post a link to these Terms of
Service, whether accessed via computer, mobile device or other technology, manner or means.
Please read the Terms of Service carefully before you start to use the Website. By using the Website or
by clicking to accept or agree to the Terms of Service when this option is made available to you, you
at https://www.smutpond.com/privacy, incorporated herein by reference. If you do not agree to these
If you access or use the Website, whether you click to accept or not, you agree to all of the various
terms in these Terms of Service. If you do not understand all of these Terms of Service, you should
consult an attorney before agreeing to any of the Terms of Service.
You consent to entering these Terms of Service electronically, and to storage of records related to these
Terms of Service in electronic form.
When using the Website, you shall be subject to any posted rules, community guidelines, or policies.
Such rules, guidelines, and policies are hereby incorporated by reference into these Terms of Service.
We may also offer other websites that are governed by different Terms of Service.
Ability to Accept Terms of Service
You affirm that you are at least 18 years of age or the age of majority in the jurisdiction you are
accessing the Website from, and are fully able and competent to enter into the terms, conditions,
obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to
abide by and comply with these Terms of Service. If you are under 18 or the applicable age of majority,
you are not permitted to submit personal information to us or use the Website. You also represent that
the jurisdiction from which you access the Website does not prohibit the receiving or viewing of sexually
Changes to the Terms of Service
We may modify or revise these Terms of Service from time to time in our sole discretion, and you agree
to be bound by such modifications or revisions. Although we may attempt to notify you when major
changes are made to these Terms of Service, you are expected to periodically review the most
up-to-date version, found at https://www.smutpond.com/terms, so you are aware of any changes, as
they are binding on you.
If we change anything in these Terms of Service, the change will be reflected in the "last modified date".
You agree that you will periodically review these terms and refresh the page when doing so. You agree
to note the date of the last revision of these terms. If the "last modified" date is unchanged from the last
time you reviewed these terms, then they are unchanged. If the date has changed, then there have been
changes, and you agree to re-review the terms, and you agree to the new ones.
All changes are effective immediately when we post them and apply to all access to and use of the
Website thereafter. The updated version supersedes any prior versions immediately upon being posted,
and the prior version(s) shall have no continuing legal effect. If you do not review new terms as posted,
then you agree that you have waived your right to do so, and you are therefore bound by the updated
conditions, even if you failed to review the new ones. You are on notice of changes, and your failure to
review the amended terms is your own omission. By continuing to use the Website subsequently to our
making available an amended version of these Terms of Service, you thereby acknowledge, agree to and
consent to such amendment.
About Our Website
The Website allows for uploading, sharing and general viewing of various types of adult-oriented
content by registered and unregistered users who desire to share and view visual depictions of
adult-oriented content, including sexually explicit images. In addition, the Website contains texts,
messages, files, data, information, images, photos, videos, recordings, materials, code or content of any
kind and other materials posted/uploaded by users.
The Website may contain links to third party websites that are not owned or controlled by the Website.
The Website has no control over, and assumes no responsibility for, the content, privacy policies, or
practices of any third party websites. In addition, the Website will not and cannot censor or edit the
content of any third-party site. By using the Website you expressly relieve it from all liability arising from
your use of any third-party websites. Accordingly, we encourage you to be aware when you leave the
The Website is for your personal use and shall not be used for any commercial endeavors except those
specifically endorsed or approved by the Website.
This Website is for adult-oriented content. Other categories of content may be deleted at our discretion.
You understand and acknowledge that when using the Website, you will be exposed to content from a
variety of sources, and that the Website is not responsible for the accuracy, usefulness, safety, or
intellectual property rights of or relating to such content. You further understand and acknowledge that
you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree
to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against
the Website with respect thereto, and agree to indemnify and hold the Website, its site operator, its
owner, its affiliates, licensors, service providers, officers, directors, employees, agents, successors and
assigns harmless to the fullest extent allowed by law regarding all matters related to your use of the
You may purchase Content made available to you through the Website. Purchases can be made by
credit cards, and when available, by debit cards, and are processed through our third-party Internet
payment service providers. By purchasing any content through the Website, you hereby consent and
agree to abide by such third-party Internet payment service providers’ customer terms and conditions,
and privacy policies, and understand that we have no control whatsoever over such customer terms and
conditions and privacy policies. IF YOU CANNOT AGREE to such third-party Internet payment service
providers’ customer terms and conditions or privacy policies, DO NOT PURCHASE ANY CONTENT.
Purchases are payable in advance. We offer different packages you can choose from. We reserve the
right to change Content prices at any time, at our sole discretion and without liability to you. Any
purchased Content will not be available in your account in the event that your account is deleted by you
or otherwise terminated in accordance with these Terms.
PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED
PERIODS. We reserve the right (but not the obligation) to refund the purchased amount if there is a
technical error to the purchased Content; this is to be determined by us.
All chargebacks are thoroughly investigated and may prevent future purchases with the Website given
the circumstances. Fraud claims may result in the Website contacting your issuer to protect you and
prevent future fraudulent charges to your Payment Method.
Accessing the Website, Account Registration and Security
We reserve the right to withdraw or amend the Website, and any service or material we provide on the
Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of
the Website is unavailable at any time or for any period. From time to time, we may restrict access to
some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for:
1. making all arrangements necessary for you to have access to the Website;
2. ensuring that all persons who access the Website through your internet connection are aware of
these Terms of Service and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain
registration details or other information. It is a condition of your use of the Website that all the
information you provide on the Website is correct, current and complete. You agree that all information
you provide to register with this Website or otherwise, including but not limited to through the use of
at https://www.smutpond.com/privacy, and you consent to all actions we take with respect to your
If you choose, or are provided with, a user name, password or any other piece of information as part of
our security procedures, you must treat such information as confidential, you must not disclose it to any
other person or entity, and you are fully responsible for all activities that occur under your user name or
password. You also acknowledge that your account is personal to you and agree not to provide any
other person with access to the Website or portions of it using your user name, password or other
security information. You agree to notify us immediately of any unauthorized access to or use of your
user name or password or any other breach of security by contacting us at: firstname.lastname@example.org. You
also agree to ensure that you exit from your account at the end of each session. You should use
particular caution when accessing your account from a public or shared computer so that others are not
able to view or record your password or other personal information. Although the Website will not be
liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of
the Website or others due to such unauthorized use.
If you interact with us or with third-party service providers, and you provide information, including
account or credit card or other payment information, you agree that all information that you provide
will be accurate, complete, and current. You will review all policies and agreements applicable to use of
third party services. In the event you use our Website over mobile devices, you hereby acknowledge
that your carrier’s normal rates and fees, such as excess broadband fees, will still apply.
We have the right to disable any user name, password or other identifier, whether chosen by you or
provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you
have violated any provision of these Terms of Service.
You acknowledge that the Website reserve the right to charge fees for its services and Website access
and to change its fees at its complete and sole discretion.
Limited, Conditional License to Use Our Intellectual Property
We and our associated logos and names are our trademarks and/or service marks. Other trademarks,
service marks, names and logos used on or through the Website, such as trademarks, service marks,
names or logos associated with third party Content providers, are the trademarks, service marks or
logos of their respective owners. You are granted no right or license with respect to any of the aforesaid
trademarks, service marks or logos.
The inclusion of images or text containing the trademarks or service marks or the name or likeness of
any person, including any celebrity, does not constitute an endorsement, express or implied, by any
such person, of the Website or vice versa.
The Website and certain materials available on or through the Website are content we own, authored,
created, purchased, or licensed (collectively, our "Works"). Our Works may be protected by copyright,
trademark, patent, trade secret and/or other laws, and we reserve and retain all rights in our Works and
We hereby grant you a conditional, royalty-free, limited, revocable, non-sublicensable, and
non-exclusive license to access our Website and Works solely for your personal use in connection with
using the Website.
We grant you a conditional and limited license to access, view and display the Website and Works, and
to create and display transient copies of the Website and Works as necessary to view them, conditioned
upon your agreement to display the Website whole and intact as presented by the Website host,
complete with any advertising, to not interfere with the display of any advertising, and to not use ad
blocking software of any kind. This limited license is further conditioned upon your agreement not to
use any information obtained from or through the Website to block or interfere with the display of any
advertising on the Website, or for the purpose of implementing, modifying or updating any software or
filter lists that block or interfere with the display of any advertising on the Website. Interference with
the display of any advertising on the Website, use of ad blocking software to block or disable any
advertising while viewing the Website, or use of information obtained from or through the Website to
update any ad blocking software or filter lists, is prohibited, violates the conditions of your limited
license to view the Website and Works, and constitutes copyright infringement.
You may not otherwise reproduce, distribute, communicate to the public, make available, adapt,
publicly perform, link to, or publicly display the Website and Works or any adaptations thereof unless
expressly set forth herein. Such conduct would exceed the scope of your license and constitute
The Website provides an "Embeddable Player" feature, which you may incorporate into your own
website for use in accessing the Content on the Website. You may not modify, build upon or block any
portion or functionality of the Embeddable Player in any way, including but not limited to links back to
The above described license is conditioned on your compliance with these Terms of Service, including,
specifically, your agreement to view the Website whole and intact as presented by the Website host,
complete with any advertising, and shall terminate upon termination of these Terms of Service. If you
breach any provision of these Terms of Service, any license you have obtained will be automatically
rescinded and terminated. In order to protect our rights some Content made available on the Website
may be controlled by digital rights management technologies, which will restrict how you may use the
Content. You must not circumvent, remove, delete, disable, alter or otherwise interfere with any digital
rights management technology. Such conduct is prohibited by law.
If the Website allows you to download or otherwise copy our Works, you are not buying or being gifted
copies thereof. Instead, you are licensing a limited, revocable, non-sublicensable, and non-exclusive
right to possess and use the copies for personal, non-commercial use, subject to specific terms and
conditions (the "Download License"). Under this Download License you may not thereafter reproduce,
distribute, communicate to the public, make available, adapt, publicly perform, or publicly display the
Website and Works or any adaptations thereof unless expressly set forth herein. Such conduct would
exceed the scope of your Download License and constitute copyright infringement. At the expiration of
your Download License or the termination of these Terms of Service, you will delete or otherwise
dispose of all copies of Works in your possession.
Content Posted by Users
The Website may contain message boards, chat rooms, personal web pages or profiles, playlists, forums,
bulletin boards and other interactive features (collectively, "Interactive Services") that allow users to
upload, post, create, submit, publish, make available, send, share, communicate, display or transmit to
other users or other persons content, data, information, audio and video (whether live or
pre-recorded) content, photographs/pictures, textual content and other materials, including but not
limited to, graphics, messages, comments, memberships and tangible goods provided, sold, offered,
posted or otherwise contributed by you to the Website from time to time or content of any kind
(collectively, "Content") on or through the Website.
As the Website’s account holder you may submit Content to the Website and other websites linked to
the Website, including videos and user comments. You understand that the Website does not guarantee
any confidentiality with respect to any Content you submit.
You shall be solely responsible for your own Content and the consequences of posting, uploading,
publishing, transmitting or otherwise making available your Content on the Website. You understand
and acknowledge that you are responsible for any Content you submit or contribute, and you, not we,
have full responsibility for such Content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any Content posted
by you or any other user of the Website. We do not control Content you submit or contribute and we do
not make any guarantee whatsoever related to Content submitted or contributed by users. Although we
sometimes review Content submitted or contributed by users, we are not obligated to do so. Under no
circumstances will we be liable or responsible in any way for any claim related to Content submitted or
contributed by users.
You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and
permissions to publish Content you submit; and you license to the Website all patent, trademark, trade
secret, copyright or other proprietary rights in and to such Content for publication on the Website
pursuant to these Terms of Service.
You further agree that Content you submit to the Website will not contain third party copyrighted
material, or material that is subject to other third party proprietary rights, unless you have permission
from the rightful owner of the material or you are otherwise legally entitled to post the material and to
grant to the Website all of the license rights granted herein.
For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to
the Website, you hereby grant the Website a worldwide, irrevocable, perpetual, non-exclusive,
royalty-free, sublicenseable and transferable license to use, exploit, reproduce, distribute, prepare
derivative works of, display, communicate, and perform the Content in connection with the Website’s
(and its successors’ and affiliates’) business, including without limitation for promoting and
redistributing part or all of the Website (and derivative works thereof) in any media formats and
through any media channels. You also waive to the full extent permitted by law any and all claims
against us related to moral rights in the Content. In no circumstances will we be liable to you for any
exploitation of any Content that you post. You also hereby grant each user of the Website a
non-exclusive, royalty free license to access your Content through the Website, and to use, reproduce,
distribute, display, communicate and perform such Content as permitted through the functionality of
the Website and under these Terms of Service. The above licenses granted by you in video Content you
submit to the Website terminate within a commercially reasonable time after you remove or delete
your videos from the Website. You understand and agree, however, that the Website may retain, but
not display, distribute, or perform, server copies of your videos that have been removed or deleted. The
above licenses granted by you in user comments you submit are perpetual and irrevocable.
The Website does not endorse any Content submitted to it by any user or other licensor, or any opinion,
recommendation, or advice expressed therein, and the Website expressly disclaims any and all liability
in connection with Content. The Website does not permit copyright infringing activities and
infringement of intellectual property rights on the Website, and the Website will remove all such
Content if properly notified that such Content infringes on another’s intellectual property rights. The
Website reserves the right to remove Content without prior notice.
If any of the Content that you post to or through the Website contains ideas, suggestions, documents,
and/or proposals to us, we will have no obligation of confidentiality, express or implied, with respect to
such Content, and we shall be entitled to use, exploit or disclose (or choose not to use or disclose) such
Content at our sole discretion without any obligation to you whatsoever (i.e., you will not be entitled to
any compensation or reimbursement of any kind from us under any circumstances).
In the process of posting Content to the Website, you may be asked to provide some personally
identifying information, such as your name, address, e-mail address, a password, and other
documentation. You may also be asked to provide such information in order to use certain features of
We will keep a record of the information you provide, including your personally identifiable information.
That information may be linked in our records to other information you provide, including Content. We
will not provide your name or other personally identifying information to our advertisers or business
partners without your permission. Please note that some of the information you provide in registering
for and using the Website, including the name used in registering for and using the Website or other
personally identifying information, may be displayed to other members of the Website, and may
become public. In addition, we may disclose the personally identifying information and documentation
you provide in some limited circumstances.
You agree that you will only use the Website and our services for the lawful purposes expressly
permitted and contemplated by these Terms of Service. You may not use the Website and our services
for any other purposes, including commercial purposes, without our express written consent.
You agree that you will view the Website and its content unaltered and unmodified. You acknowledge
and understand that you are prohibited from modifying the Website or eliminating any of the content of
the Website, including ads. By using the Website you expressly agree to accept advertising served on
and through the Website and to refrain from using ad blocking software or to disable ad blocking
software before visiting the Website.
You agree that you will not use or attempt to use any method, device, software or routine to harm
others or interfere with the functioning of the Website or use and/or monitor any information in or
related to the Website for any unauthorized purpose. Specifically, you agree not to use the Website to:
• violate any law (including without limitation laws related to torts, contracts, patents, trademarks,
trade secrets, copyrights, defamation, obscenity, pornography, rights of publicity or other rights) or
encourage or provide instructions to another to do so;
• act in a manner that negatively affects other users’ ability to use the Website, including without
limitation by engaging in conduct that is harmful, threatening, abusive, inflammatory, intimidating,
violent or encouraging of violence to people or animals, harassing, stalking, invasive of another’s
privacy, or racially, ethnically, or otherwise objectionable;
• post any Content that depicts any person under 18 years of age (or older in any other location in which
18 is not the minimum age of majority);
• post any Content for which you have not maintained written documentation sufficient to confirm that
all subjects of your posts are, in fact, over 18 years of age (or older in any other location in which 18 is
not the minimum age of majority);
• post any Content depicting child pornography, rape, snuff, torture, death, violence, or incest, racial
slurs or hate speech, (either aurally or via the written word);
• post any Content that contains falsehoods or misrepresentations that could damage the Website or
any third party;
• post any Content that is obscene, illegal, unlawful, defamatory, libelous, harassing, hateful, racially or
ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil
liability, violate any law, or is otherwise inappropriate;
• post any Content containing unsolicited or unauthorized advertising, promotional materials, spam,
junk mail, chain letters, pyramid schemes or any other form of unauthorized solicitation;
• post any Content containing sweepstakes, contests, or lotteries, or otherwise related to gambling;
• post any Content containing copyrighted materials, or materials protected by other intellectual
property laws, that you do not own or for which you have not obtained all necessary written
permissions and releases;
• post any Content which impersonates another person or falsely state or otherwise misrepresent your
affiliation with a person;
• deploy programs, software or applications designed to interrupt, destroy or limit the functionality of
any computer software or hardware or telecommunications equipment, including by engaging in any
denial of service attack or similar conduct;
• deploy or use programs, software or applications designed to harm, interfere with the operation of, or
access in an unauthorized manner, services, networks, servers, or other infrastructure;
• exceed your authorized access to any portion of the Website;
• remove, delete, alter, circumvent, avoid or bypass any digital rights management technology,
encryption or security tools used anywhere on the Website or in connection with our services;
• collect or store personal data about anyone;
• alter or modify without permission any part of the Website or its content, including ads;
• obtain or attempt to access or otherwise obtain any Content or information through any means not
intentionally made available or provided for through the Website;
• exploit errors in design, features which are not documented and/or bugs to gain access that would
otherwise not be available.
Additionally, you agree not to:
• use the Website in any manner that could disable, overburden, damage, or impair the site or interfere
with any other party’s use of the Website, including their ability to engage in real time activities through
• use any robot, spider or other automatic device, process or means to access the Website for any
purpose, including monitoring or copying any of the material on the Website without our prior written
• use any manual process to monitor or copy any of the material on the Website or for any other
unauthorized purpose without our prior written consent;
• use any information obtained from or through the Website to block or interfere with the display of any
advertising on the Website, or for the purpose of implementing, modifying or updating any software or
filter lists that block or interfere with the display of any advertising on the Website;
• use any device, bots, scripts, software or routine that interferes with the proper working of the
Website or that shortcut or alter Website functions to run or appear in ways that are not intended by
• introduce or upload any viruses, Trojan horses, worms, logic bombs, time bombs, cancelbots,
corrupted files or any other similar software, program or material which is malicious or technologically
harmful or that that may damage the operation of another’s property or of the Website or our services;
• attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website,
the server on which the Website is stored, or any server, computer or database connected to the
• remove any copyright or other proprietary notices from our Website or any of the materials contained
• attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
• otherwise attempt to interfere with the proper working of the Website.
Monitoring and Enforcement; Termination
We have the right to:
• remove or refuse to post any Content you submit or contribute to the Website for any or no reason in
our sole discretion,
• take any action with respect to any Content posted by you that we deem necessary or appropriate in
our sole discretion, including if we believe that such Content violates these Terms of Service, infringes
any intellectual property right or other right of any person or entity, threatens the personal safety of
users of the Website or the public or could create liability for us,
• disclose your personally identifying information or other information about you to any third party who
claims that Content posted by you violates their rights, including their intellectual property rights or
their right to privacy,
• take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal
or unauthorized use of the Website,
• terminate or suspend your access to all or part of the Website for any or no reason, including without
limitation, any violation of these Terms of Service.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement
authorities or court order requesting or directing us to disclose the identity or other information of
anyone posting any Content on or through the Website. YOU WAIVE AND HOLD US HARMLESS AND OUR
SITE OPERATOR, ITS PARENT CORPORATION, THEIR RESPECTIVE AFFILIATES, LICENSORS, SERVICE
PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS FROM ANY
CLAIMS RESULTING FROM ANY ACTION TAKEN BY US OR ANY OF THE FOREGOING PARTIES DURING OR
AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF
INVESTIGATIONS BY EITHER US, SUCH PARTIES, OR LAW ENFORCEMENT AUTHORITIES.
To maintain our services in a manner we deem appropriate for our venue and to the maximum extent
permitted by applicable laws, the Website may, but will not have any obligation to, review, monitor,
display, reject, refuse to post, store, maintain, accept or remove any Content posted (including, without
limitation, private messages, public comments, public group chat messages, private group chat
messages or private instant messages) by you, and we may, in our sole discretion, delete, move,
reformat, remove or refuse to post or otherwise make use of Content without notice or any liability to
you or any third party in connection with our operation of the Website in an appropriate manner.
Without limitation, we may do so to address Content that comes to our attention that we believe is
offensive, obscene, violent, harassing, threatening, abusive, illegal or otherwise objectionable or
inappropriate, or to enforce the rights of third parties or these Terms of Service or any applicable
additional terms, including, without limitation, the Content restrictions set forth herein.
However, we do not undertake to review Content before it is posted on the Website, and cannot ensure
prompt removal of objectionable Content after it has been posted. Accordingly, we assume no liability
for any action or inaction regarding transmissions, communications or Content provided by any user or
third party. We have no liability or responsibility to anyone for performance or non-performance of the
activities described in this section.
Account Termination Policy
While pornographic and adult-oriented Content is accepted, the Website reserves the right to decide
whether Content is appropriate or violates these Terms of Service for reasons other than copyright
infringement and violations of intellectual property rights, such as, but not limited to, obscene or
defamatory material. The Website may at any time, without prior notice and in its sole discretion,
remove such Content and/or terminate a user’s account for submitting such material in violation of
If you violate the letter or spirit of these Terms of Service, or otherwise create risk or possible legal
exposure for us, we can terminate access to the Website or stop providing all or part of the Website
Copyrights and Other Intellectual Property
The Website respects the intellectual property of others, and requires that you do the same. You may
not upload, embed, post, email, transmit or otherwise make available any Content that infringes any
copyright, patent, trademark, trade secret, privacy, publicity or other proprietary rights of any person or
The Website operates a clear Copyright Policy in relation to any Content alleged to infringe the copyright
of a third party. Details of that policy can be found at https://www.smutpond.com/dmca. If you believe
that any Content violates your copyright, please see our Copyright Policy at
https://www.smutpond.com/dmca for instructions on sending us a notice of copyright infringement.
As part of our Copyright Policy, the Website will terminate user access to the Website if, under
appropriate circumstances, a user has been determined to be a repeat infringer.
The Website is not in a position to mediate trademark disputes between users and trademark owners.
Accordingly, we encourage trademark owners to resolve any dispute directly with the user in question. If
the trademark owner is unable to reach a resolution with the user, it may send us a notice at
email@example.com. The Website is willing to perform a limited investigation of reasonable
complaints and will remove content in clear cases of infringement.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information
purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance
you place on such information is strictly at your own risk. We disclaim all liability and responsibility
arising from any reliance placed on such materials by you or any other visitor to the Website, or by
anyone who may be informed of any of its contents.
This Website include Content provided by third parties, including materials provided by other users,
bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements
and/or opinions expressed in these materials, and all articles and responses to questions and other
content, other than the content provided by us, are solely the opinions and the responsibility of the
person or entity providing those materials. These materials do not necessarily reflect our opinion. We
are not responsible, or liable to you or any third party, for the content or accuracy of any materials
provided by any third parties.
Changes to the Website
We may update the content on the Website from time to time, but its content is not necessarily
complete or up-to-date. Any of the material on the Website may be out of date at any given time, and
we are under no obligation to update such material.
Information about You and Your Visits to the Website
https://www.smutpond.com/privacy. By using the Website, you consent to all actions taken by us with
Collection and Use of Your Usage Information by Advertisers and Others
The Website allows others to display advertisements using the Website. These third parties use
technology to deliver advertisements you see while using the Website directly to your browser. In doing
so, they may automatically receive your IP, or "Internet Protocol", address. Others that place advertising
including information about your usage of the Website. We do not control the processes that
advertisers use to collect information. However, IP addresses, cookies and web beacons alone generally
cannot be used to identify individuals, only machines. Therefore, advertisers and others whose
advertisements or content may be provided through the Website generally will not know who you are
unless you provide additional information to them, by responding to an advertisement, by entering into
an agreement with them, or by some other means.
Linking to the Website and Social Media Features
You may link to the Website, provided you do so in a way that is fair and legal and does not damage our
reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form
of association, approval or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
• link from your own or certain third-party websites to certain content on the Website;
• send e-mails or other communications with certain content, or links to certain content, on the
• cause limited portions of content on the Website to be displayed or appear to be displayed on your
own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they
are displayed with and otherwise in accordance with any additional terms and conditions we provide
with respect to such features. Subject to the foregoing, you must not:
• cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing,
deep linking or in-line linking, on any other site,
• otherwise take any action with respect to the materials on this Website that is inconsistent with any
other provision of these Terms of Service.
The websites from which you are linking, or on which you make certain content accessible, must comply
in all respects with the content standards set out in these Terms of Service.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We
reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice at our
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are
provided for your convenience only. This includes links contained in advertisements, including banner
advertisements and sponsored links. We have no control over, and assume no responsibility for, the
contents, privacy policies, or practices of those sites or resources, and accept no responsibility for them
or for any loss or damage that may arise from your use of them. Inclusion of, linking to, or permitting
the use or installation of any third party site, applications, software, content or advertising does not
imply approval or endorsement thereof by us. If you decide to access any of the third party websites
linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use
for such websites. Further, you agree to release us from any and all liability arising from your use of any
third-party websites, content, service, or software accessed through the Website.
Your communications or dealings with, or participation in promotions of, sponsors, advertisers, or other
third parties found through the Website, are solely between you and such third parties. You agree that
the Website shall not be responsible or liable for any loss or damage of any sort incurred as the result of
any dealings with such sponsors, third parties or advertisers, or as the result of their presence on the
Permitted Disclosures of Personal Information
The Website generally does not collect personally identifiable information (data such as your name,
email address, password, and the content of your communications) unless you submit or communicate
Content through the Website, or register with us in order to use certain features of the Website. The
Website will not disclose any personally identifiable information it collects or obtains except: (i) as
use or disclosure; (iii) if the Website is required to do so in order to comply with any valid legal process
or governmental request (such as a court order, search warrant, subpoena, civil discovery request, or
statutory requirement); (iv) as required to protect the Website’s property, safety, or operations, or the
property or safety of others; or (v) to a person that acquires the Website, or the assets of the Website’s
operator in connection with which such information has been collected or used; or (vi) as otherwise
required by law.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless the
Website, its site operator, its parent corporation, its respective affiliates, licensors, service providers,
officers, directors, employees, agents, successors and assigns from and against any and all claims,
damages, judgments, awards, obligations, losses, liabilities, costs or debt, and expenses (including but
not limited to attorney’s fees) arising from: (i) your use of and access to the Website; (ii) your violation
of any term of these Terms of Service; (iii) your violation of any third party right, including, without
limitation, any copyright, property, or privacy right; or (iv) any claim that your Content caused damage
to a third party. This defense and indemnification obligation will survive these Terms of Service and your
use of the Website. You agree that we shall have the sole right and obligation to control the legal
defense against any such claims, demands, or litigation, including the right to select counsel of our
choice and to compromise or settle any such claims, demands, or litigation.
YOU USE THE WEBSITE AT YOUR SOLE RISK. WE PROVIDE THE WEBSITE "AS IS" AND "AS AVAILABLE". TO
THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE, ITS SITE OPERATOR AND THEIR RESPECTIVE
OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND
RELATED TO THE WEBSITE AND GOODS OR SERVICES PURCHASED AND OBTAINED THROUGH THE
WEBSITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM YOUR USE OF THE WEBSITE.
WE MAKE NO WARRANTY OR REPRESENTATION ABOUT THE ACCURACY OR COMPLETENESS OF THIS
WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE OR THAT THE WEBSITE
WILL MEET YOUR REQUIREMENTS AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY
NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE OR OUR
SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL
PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR OUR SERVICES, (IV)
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE
WEBSITE OR OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY
CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY
CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR
OUR SERVICES. THE WEBSITE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH
THE WEBSITE OR OUR SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR
OTHER ADVERTISING, AND, THE WEBSITE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE
FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR
SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY
ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
NO INFORMATION OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Limitation of Liability
To the fullest extent allowed by law, the Website, its site operator, their parent corporation and their
respective officers, directors, employees, and agents shall not be responsible or liable to you for any loss
or damage of any sort incurred as the result of the following:
• delaying, rejecting or removing any or all Content at any time for any or no reason whatsoever with or
without notice to you,
• modifying or discontinuing temporarily or permanently, the Website (or any part thereof) with or
without notice to you for any or no reason whatsoever,
• immediately terminating your access to the Website for any or no reason whatsoever and with or
without notice to you,
• the accuracy, usefulness or availability of any information posted to or through the Website,
• any user Content that does not get recorded, or is deleted, or for any similar unsatisfactory results or
• any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of
your use of any Content posted, emailed, transmitted, or otherwise made available via the Website,
• personal injury or property damage, of any nature whatsoever, resulting from your access to and use
of the Website,
• any unauthorized access to or use of our secure servers and/or any and all personal information
and/or financial information stored therein,
• any interruption or cessation of transmission to or from the Website, • any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Website by
any third party, and/or
• any loss or damage of any sort incurred by you as a result of interactions you have with third-party
advertisements or service providers, or third-party websites, found on or through the Website, including
payment and delivery of related goods or services, and any other terms, conditions, policies, warranties
or representations associated with such dealings.
In no event shall we be liable to you for any incidental, indirect, punitive, statutory, exemplary,
expectation, special, or consequential damages whatsoever (including damages for loss of profit, loss of
goodwill, interruption, loss of business information or any other financial loss) in association with any
individual or class-action claim, or any loss, damage, action, suit or other proceeding relating to or
arising under or out of the Terms of Service, even if we have been notified of the possibility of such
damages, whether the action is founded upon contract, infringement of intellectual property rights, tort,
negligence or other grounds.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE WEBSITE SHALL NOT BE LIABLE FOR CONTENT OR THE
DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM
OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN
THE APPLICABLE JURISDICTION. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT
WITH THE FOREGOING LIABILITY LIMITATIONS.
This Website is operated by Oxygen Enterprises Canada, 43 Samson, Suite 254, Laval, Quebec, Canada
These Terms, your use of the Website, and the relationship between you and us shall be governed by
the laws of Canada, without regard to conflict of law rules. You agree that: the Website shall be deemed
passive and its use outside of Canada does not give rise to personal jurisdiction over us, either specific or
general, in jurisdictions other than Canada. The sole and exclusive jurisdiction and venue for any action
or proceeding arising out of or related to this Agreement shall be in an appropriate courts located in the
Canada. You hereby submit to the jurisdiction and venue of said Courts. You consent to service of
process in any legal proceeding.
Any claim by you that may arise in connection with these Terms of Service will be compensable by
monetary damages and you will in no event be entitled to injunctive or other equitable relief.
Limitation on Time to File Claims
REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CAUSE OF ACTION OR CLAIM YOU MAY
HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE WEBSITE MUST BE
COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE
OF ACTION OR CLAIM IS PERMANENTLY BARRED.
We respect the intellectual property rights of copyright holders and thus will comply with the Notice and
Takedown provisions of the Digital Millennium Copyright Act ("DMCA"). Our DMCA Notice of Copyright
Infringement can be found here: https://www.smutpond.com/dmca.
All notices of copyright infringement claims should be sent to the address or email in our Copyright
Policy at https://www.smutpond.com/dmca in the manner and by the means set forth therein.
Your Comments and Concerns
Other than DCMA or 2257 matters, all feedback, comments, requests for technical support and other
communications relating to the Website should be directed to: firstname.lastname@example.org.
Waiver and Severability
No waiver by the Website of any term or condition set forth in these Terms of Service shall be deemed a
further or continuing waiver of such term or condition or a waiver of any other term or condition, and
any failure of the Website to assert a right or provision under these Terms of Service shall not constitute
a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to
be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the
minimum extent such that the remaining provisions of the Terms of Service will continue in full force
incorporate by reference constitute the sole and entire agreement between you and us with respect to
the Website and supersede all prior and contemporaneous understandings, agreements,
representations and warranties, both written and oral, with respect to the Website.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or
assigned by you, but may be assigned by us without restriction.
You acknowledge that the Website reserves the right to charge for its services and to change its fees
from time to time in its discretion. Furthermore, in the event the Website terminates your rights to use
the Website because of a breach of these Terms of Service, you shall not be entitled to the refund of any
unused portion of subscription fees.
No party, nor any of the parties’ respective attorneys, shall be deemed the drafter of this agreement for
purposes of interpreting any provision hereof in any judicial or other proceeding that may arise between
Except as otherwise expressly provided in these Terms of Service, there shall be no third-party
beneficiaries to this agreement. For the purpose of clarity, the Website’s representatives, managers,
partners, joint venturers, employees, and agents are intended third-party beneficiaries.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is
intended or created by these Terms of Service.
The headings in these Terms of Service are for convenience only and have no legal or contractual effect.
We may terminate these Terms of Service for any or no reason at any time by notifying you through a
notice on the Website, by email, or by any other method of communication. Any such termination will
be without prejudice to our rights, remedies, claims, or defenses hereunder. Upon termination of the
Terms of Service, you will no longer have a right to access your account or your Content. We will not
have any obligation to assist you in migrating your data or your Content and we may not keep any back
up of any of your Content. We will not be responsible for deleting your Content. Note that, even if your
Content is deleted from our active servers, it may remain in our archives (but we have no obligation to
archive or back-up your Content), and subject to the licenses set forth in these Terms of Service.