TERMS AND CONDITIONS OF USE

Last Updated: September 17, 2026

The following Terms and Conditions of Use (“Terms”) are entered into by and between You and Ember & Ink Creative, LLC, doing business as The Smut Oracle and Emily Wren (“Company,” “we,” or “us”).

These Terms, together with our Privacy Policy, Disclaimer, and any other documents expressly incorporated by reference, govern your use of the website www.thesmutoracle.com and any subdomains (“Website”), including all materials, resources, information, and services on the Website.

Your access to and use of the Website is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, customers, and others who access or use the Website.

By accessing or using the Website, you agree to be bound by these Terms, without modification, and acknowledge reading them. If you disagree with any part of the Terms, you may not access or use the Website.

PRIVACY POLICY

Your use of the Website is also subject to our Privacy Policy. Please review our Privacy Policy, which also governs the Website and informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms.

DISCLAIMER

Your use of the Website is also subject to our Disclaimer. Please review our Disclaimer, which also governs the Website and describes various limitations regarding the information provided on the Website. Your agreement to the Disclaimer is hereby incorporated into these Terms.

NO USE BY MINORS

To access or use the Website, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms. Children under the age of 18 are prohibited from using the Website.

LAWFUL PURPOSES

You may use the Website only for lawful purposes and in accordance with these Terms. You may not use the Website in any manner that infringes the rights of others, violates applicable law, interferes with the operation or security of the Website, attempts to gain unauthorized access to the Website or related systems, or otherwise uses the Website or its Content for an unlawful purpose.

MATERIAL YOU SUBMIT TO THE WEBSITE

You retain any intellectual property rights you lawfully hold in materials you submit to us through the Website or a linked form (“Submissions”).

By making a Submission, you grant us a limited, non-exclusive license to access, use, reproduce, and process the Submission only as reasonably necessary to review and respond to your inquiry, provide requested services, administer our relationship with you, operate the Website, or fulfill another purpose for which you submitted the material.

You represent that you have the right and authority to provide any Submission you send to us and that our use of the Submission for the purpose for which it was provided will not violate the rights of another person or entity.

Submission of materials through the Website does not grant us permission to publicly display, publish, market, distribute, or otherwise use your creative work or your name for promotional purposes unless you separately authorize such use.

Please do not submit confidential, proprietary, unpublished, or commercially sensitive material through a general Website contact form unless we have requested it or you are comfortable providing it through that method.

OUR INTELLECTUAL PROPERTY

The Website contains intellectual property owned by us, including common law and registered trademarks, service marks, copyrights, proprietary information, and other intellectual property, including but not limited to text, graphics, photographs, video, design, and compilations thereof (“IP”). We reserve all rights in and to our IP. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of our IP in whole or in part without our prior written consent. We reserve the right to immediately block your access to the Website or remove you from any service if you are found to be violating this intellectual property policy.

You are granted a non-exclusive, non-transferable, revocable license to access and use the Website and its Content strictly in accordance with these Terms of Use.

As a condition of your use of the Website, you warrant that you will not use the Content for any purpose that is unlawful or prohibited by these Terms. You may not use the Content in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Website.

All content included as part of the Content, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is our property or the property of our licensors and is protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content, in whole or in part.

The Content is not for resale. Your use of the Content does not entitle you to make any unauthorized use of any protected content. You agree not to delete or alter any proprietary rights or attribution notices in any Content. You will use protected content solely for your individual or internal business use and will make no other use of the Content without our express written permission or permission from the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to our intellectual property or that of our licensors except as expressly authorized by these Terms.

Our name, logo, slogan, and all related names, logos, product and service names, designs, and slogans are the trademarks of our Company or of our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

ARTIFICIAL INTELLIGENCE

The Company may use software or platforms that employ machine learning, large language models, natural language processing, or similar technologies (“Generative AI”) as tools in the development, organization, editing, or refinement of certain written or technical Content included on the Website. Generative AI may be used for purposes such as brainstorming, drafting, revising, summarizing, formatting, transcription, closed captioning, or other editorial and administrative assistance.

Content developed with the assistance of Generative AI is reviewed, selected, edited, revised, or otherwise directed by the Company before publication. The Company does not represent that all Content appearing on the Website was created without the assistance of Generative AI.

The Company does not use Generative AI to create the original images, photographs, artwork, voice performances, or audio performances presented as the Company’s original creative work on the Website.

To the extent permitted by applicable law, the Company claims all rights available to it in the selection, arrangement, editing, modification, authorship, and other protectable elements of Content and Intellectual Property appearing on the Website, including Content developed with the assistance of Generative AI. Such rights are protected by and subject to the Intellectual Property provisions of these Terms.

CHANGED TERMS

We may at any time amend these Terms, including our Privacy Policy and Disclaimer. The date of the last revision will be indicated by the “Last Updated” date at the top of this page. Any such changes are effective immediately upon notice to you by us posting the new Terms on this Website. We reserve the right to update any portion of our Website, including these Terms, at any time. If you continue to use our Website after we have made revisions, your continued use constitutes consent to the revised Terms, Privacy Policy, and Disclaimer.

NO WARRANTIES

While we make every effort to ensure that the content on this Website is free from errors, we do not give any warranty or other assurance as to the accuracy, completeness, timeliness, or fitness for any particular purpose of the content and materials on this site beyond reasonable efforts to maintain the site. To the maximum extent permitted by law, we provide our Website and related information and services on an “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES OF ANY KIND (WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE), INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

LIMITATION OF LIABILITY

YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE WEBSITE OR RESOURCES, PRODUCTS, OR SERVICES AVAILABLE THROUGH THE WEBSITE.

ADDITIONALLY, WE ARE NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL, OR DATA; AND (III) THIRD-PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE, AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES.

IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF ANY PRODUCTS OR SERVICES YOU HAVE PURCHASED FROM US.

NO GUARANTEE OF AVAILABILITY

Your use of the Website and any associated services may sometimes be subject to interruption or delay. We reserve the right to withdraw or amend this Website and any service or material provided on the Website at our sole discretion without notice. Due to the nature of the Internet and electronic communications, we and our service providers do not make any warranty that our Website or any associated resources or services will be error-free, without interruption or delay, or free from defects in design. We will not be liable to you should our Website or the resources or services supplied through our Website become unavailable, interrupted, or delayed for any reason. From time to time, we may restrict access to some parts of the Website or the entire Website.

Information provided on the Website and any resources provided on or available through the Website are subject to change. We make no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current, or error-free. We disclaim all liability for any inaccuracy, error, or incompleteness in the information provided.

MALICIOUS CODE

Although we endeavor to prevent the introduction of viruses or other malicious code (“malicious code”) to our Website, we do not guarantee or warrant that our Website, or any data available on the Website, does not contain malicious code. We will not be liable for any damages or harm attributable to malicious code. You are responsible for ensuring that the process you employ for accessing our Website does not expose your computer system to the risk of interference or damage from malicious code.

SECURITY

The security of your contact information is of utmost importance to us. However, you acknowledge the risk of unauthorized access to, or alteration of, your data. We do not accept responsibility or liability of any nature for any losses you may sustain as a result of such unauthorized access or alteration. All information transmitted to or from you is transmitted at your own risk, and you assume all responsibility and risks arising in relation to your use of this Website and the Internet. We do not accept responsibility for any interference or damage to your computer system that may arise in connection with your access to this Website or any outbound hyperlinks.

THIRD-PARTY RESOURCES

The Website may contain links to external websites that are not provided by, maintained by, or in any way affiliated with us. We do not guarantee and are not responsible for the availability, accuracy, relevance, timeliness, or completeness of these external websites or any information thereon. Links to such websites or resources do not imply any endorsement by or affiliation with us. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

We may, from time to time, provide information from a third party in the form of a guest post or interview, in written, audio, video, or other medium. We do not control the information provided by such third-party guests, are not responsible for investigating the truth of any information provided, and cannot guarantee the veracity of any statements made by such guests.

INDEMNIFICATION

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third-party claims and causes of action, including, without limitation, attorney’s fees, arising out of your breach of any of these Terms, your use of the Website, its Content, and any product or service purchased from the Website. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.

EFFECT OF HEADINGS; SEVERABILITY

The subject headings of the paragraphs and subparagraphs of these Terms are included for convenience only and shall not affect the construction or interpretation of any of its provisions. If any portion of these Terms is held to be unenforceable or contrary to law, such portion shall be construed in accordance with applicable law so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remainder of the provisions shall remain in full force and effect.

ENTIRE AGREEMENT; WAIVER

These Terms, together with the Privacy Policy and Disclaimer, constitute the entire agreement between us pertaining to the Website and supersede all prior and contemporaneous agreements, representations, and understandings between us. Any waiver by us of a breach of or right under these Terms will not constitute a waiver of any other or subsequent breach or right. No waiver shall be binding unless executed in writing.

GOVERNING LAW; JURISDICTION

These Terms, including the Privacy Policy and Disclaimer, shall be construed in accordance with and governed by the laws of the State of North Carolina, and the courts of North Carolina shall have jurisdiction to hear and determine any dispute arising in relation to these Terms. You agree that any proceeding relating to use of this Website must be filed exclusively in the appropriate courts located in Haywood County, North Carolina, and you submit to the jurisdiction of those courts and waive any objection based on an inconvenient forum or other reasons.

ALTERNATIVE DISPUTE RESOLUTION

The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms by mediation. The parties further agree that their respective good-faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.

ALL RIGHTS RESERVED

All rights not expressly granted in these Terms are reserved by us. If you do not see a usage scenario here that applies to your intended use, contact us at emily@thesmutoracle.com.

CONTACT INFORMATION

The owner of this Website is Ember & Ink Creative, LLC, doing business as The Smut Oracle and Emily Wren.

You may contact us by phone at 828-424-4025 or by email at emily@thesmutoracle.com.