Here are shortly expressed main points from the following legal part.

• By joining you agree that you are allowed to watch, view, download and read the materials contained on the site.
• You also agree that you will not, directly or indirectly, cause or allow people, who are not allowed to watch, view, download and read such materials, to do so.
• You agree that you desire to view such materials, and they do not offend you, neither would have any bad impact on your mentality.
• You agree that all the downloaded materials are for your own private use and joy. You will not redistribute, neither publish, nor sell them.
• It is your responsibility to check whether you are legal to watch, view, download and read materials available through this site.

ALL MATERIALS, INCLUDING GRAPHIC FILES, AUDIO FILES, VIDEO FILES, TEXT, HYPERLINKS, INTERLINKS, SEARCH ENGINES, AND OTHER SOFTWARE THAT SMARTSSEX.COM PROVIDES CONTAINED AT THIS SITE (COLLECTIVELY "MATERIALS") ARE INTENDED FOR DISTRIBUTION EXCLUSIVELY TO CONSENTING ADULTS WHO ARE IN LOCATIONS WHERE SUCH MATERIALS DO NOT VIOLATE COMMUNITY STANDARDS OR ANY APPLICABLE LOCAL, STATE OR NATIONAL LAW OR REGULATION. THIS INCLUDES, IF APPLICABLE, THE LAWS AND REGULATIONS OF THE UNITED STATES OR ANY OTHER COUNTRY.

YOU HEREBY WARRANT AND AFFIRM THAT IT IS LEGAL TO VIEW THE MATERIALS WHERE YOU ARE LOCATED.

YOU HEREBY ACKNOWLEDGE THAT THE MATERIALS PRESENTED AT AND/OR DOWNLOADABLE FROM THIS SITE INCLUDE EXPLICIT VISUAL, AUDIO, AND/OR TEXTUAL DEPICTIONS OF NUDITY AND HETEROSEXUAL, BI-SEXUAL, GAY, LESBIAN AND/OR TRANSEXUAL SITUATIONS OF A SEXUAL NATURE, THAT YOU ARE FAMILIAR WITH MATERIALS OF THIS KIND, AND THAT YOU ARE NOT OFFENDED BY SUCH MATERIALS.

NO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS MAY DIRECTLY OR INDIRECTLY VIEW OR POSSESS ANY OF THE CONTENTS OF THIS SITE OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED AT OR IN THIS SITE. YOU HEREBY FURTHER AFFIRM AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE OF EIGHTEEN YEARS AND CAPABLE OF LAWFULLY ENTERING INTO THIS AGREEMENT.


VIEWING, ACCESSING AND DOWNLOADING THE MATERIALS

You agree not to access, view, download, receive or otherwise use, or cause or enable others to access, view, download, receive or otherwise use materials, directly or indirectly in places which the SMARTSSEX.COM does not authorize such access, viewing, downloading, receipt or other use. You acknowledge and agree that the SMARTSSEX.COM does not authorize any Materials to be accessed, viewed, downloaded, used by, transmitted, broadcast or otherwise disseminated to any person or entity located in any and all areas prohibited by law ("Prohibited Areas"). You further acknowledge that the SMARTSSEX.COM does not authorize you to cause or enable others to access, view, download, receive or otherwise use the Materials, directly or indirectly.

You agree that any and all unauthorized access, viewing, downloading, receipt, duplication or other use of the Materials in which you are directly or indirectly involved, including, but not limited to 1) accessing, viewing, downloading, receiving or other use of the Materials in Prohibited Areas and 2) causing or enabling others to access, view, download, receive or otherwise use the Materials, directly or indirectly, shall constitute intentional infringement(s) of this site's and potentially others' intellectual property rights and other rights in the Materials, and may also constitute a violation of the SMARTSSEX.COM's trademarks, copyrights and other rights, including, but not limited to, the right of privacy.

You agree to be personally liable and fully indemnify the SMARTSSEX.COM for any and all damages directly, indirectly and/or consequentially resulting from your attempted or actual unauthorized downloading or other duplication of materials from the Service alone, or with or under the authority of, any other person(s), including, without limitation, any governmental agency(ies), wherein such damages include, without limitation, all direct and consequential damages directly or indirectly resulting from unauthorized downloading of materials from this site including, but not limited to, damages resulting from loss of revenue, loss of property, fines, attorney's fees and costs, including, without limitation, damages resulting from prosecution and/or governmentally imposed seizure(s), forfeiture(s), and/or injunction(s).

NO EXPRESS OR IMPLIED WARRANTIES

You agree that Materials and all other services provided to you by SMARTSSEX.COM are provided on an "AS IS" basis, without warranties of any kind, including without limitation 1) any warranties as to the availability, accuracy, or content of Materials, information, products, or services; 2) any warranties of merchantability or fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the Materials and all services provided by SMARTSSEX.COM is borne by you. Should the Materials or any other service provided by SMARTSSEX.COM prove defective and/or cause any damage to your computer or inconvenience to you, you, and not SMARTSSEX.COM, assume the entire cost and all damages which may result from any and all such defects. This disclaimer of warranty constitutes an essential part of the Agreement. Some states do not allow exclusions of an implied warranty, so this disclaimer may not apply to you and you may have other legal rights that vary from state to state or by jurisdiction. Under no circumstances and under no cause of action or legal theory, shall SMARTSSEX.COM, its suppliers, licensees, resellers, or other subscribers, or their suppliers, licensees, resellers or subscribers be liable to you or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages resulting from any use of Materials or other use of this site.

Goods and Services Offered By Other Parties: SMARTSSEX.COM does not screen or endorse advertisements or communications submitted to this site by third-party licensees, advertisers, or subscribers for electronic dissemination through this site. Subscribers are therefore advised to use their own judgment to evaluate all advertisements and other communications available at or through the use of this site prior to purchasing goods and/or services described at this site or otherwise responding to any communication at this site.

SmartsSex.com does not guarantee any particular speed for all the files downloaded. By using smartssex.com, you understand that some files may not download fast, while some files might not be available at all. However, we do our best to help you finding any particular movie or a replacement for it.

LIMITATION OF LIABILITY

Any liability of the SMARTSSEX.COM, including without limitation any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous behavior, negligence, or under any other cause or action, shall be strictly limited to the amount of membership fee paid by or on behalf of the subscriber to SMARTSSEX.COM for the preceding month. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. In some countries downloading copyright-protected materials is illegal. Please note that SMARTSSEX.COM only provides you the information, without encouraging nor making you download the protected materials. All of the movies listed on SMARTSSEX.COM belong to the producing studios, unless marked otherwise. SMARTSSEX.COM lists those movies for informational purposes. None of the download files are hosted by SMARTSSEX.COM, but only searched by our engines from public search engines. Consequently, neither SMARTSSEX.COM, nor its affiliates or resellers do take any responsibility for your actions, in particular, but not limited to, downloading copyright-protected materials.

The SMARTSSEX.COM is not liable for damages resulting from disseminating, failing to disseminate, or incorrectly or inaccurately disseminating any Materials, data, advertisement or other communication at or through this site.

MISCELANEOUS

SMARTSSEX.COM does not sell, rent neither owns the movies or torrent files presented on the site. All the contents is for informational purposes only. The torrent files are cached on our server for faster service, which is legal in Netherlands, where the server is located. The membership price is paid for using our the convenient search system which makes browsing and downloading torrents easier and more pleasant. It is subscriber's responsibility to check the compliance of the downloaded materials with their country's laws. If the SMARTSSEX.COM should at any time provide any service which enables you to communicate with or otherwise share information with other Subscribers or persons providing any kind or service to Subscribers, you agree not to submit, publish, display, disseminate, or otherwise communicate any defamatory, inaccurate, abusive, threatening, offensive, or illegal material while connected to or otherwise directly or indirectly using this site or other services provided to you by SMARTSSEX.COM. Transmission of such material or any material that violates any federal, state, or local law in the United States or anywhere else in the world is strictly prohibited and shall constitute a material breach of this Agreement entitling SMARTSSEX.COM to immediately terminate all rights to access to this site. You are solely responsible for all information that you submit, publish, display, disseminate or otherwise communicate through this site even if a claim should arise after termination of service. If the SMARTSSEX.COM provides any such service described herein, you agree that all messages and other communications by you shall be deemed to be readily accessible to all other Subscribers who are authorized to access this site and agree that all such messages and other communications shall not be deemed to be private or secure. Regardless of whether the SMARTSSEX.COM provides any type of service described herein, you agree that you have hereby been informed and noticed that any and all messages and other communications which you submit to SMARTSSEX.COM directly or through this site can be read by the operators and/or other agents of SMARTSSEX.COM, whether or not they are the intended recipient(s).


Last edited: August 04, 2009