Except with respect to certain content that is posted directly by BDE Consulting Gmbh or its partners on the Website, all of the content appearing on this Website was submitted by Spandex Party's third party users/members.
In fulfilling its obligations under 18 U.S.C. 2257 with respect to content submitted by third party users/members, BDE Consulting GmbH relies on the plain language of the statute and on the decision of the United States Court of Appeals for the Tenth Circuit in Sundance Associates, Inc. v. Reno, 139 F.3d 804, 808 (10th Cir 1998), which held that entities which have no role in the "hiring, contracting for, managing, or otherwise arranging for the participation" of the models or performers, are exempt from the record-keeping requirements of 18 U.S.C. 2257.
This statement addresses the application of 18 U.S.C. 2257 to both types of content.
Records Custodian Disclosure Explicit Content Produced by Operators: All models, actors, actresses and other persons that appear in any visual portrayal of actual or simulated sexually explicit conduct appearing on, or otherwise contained in, this Website were over the age of eighteen (18) years at the time the visual portrayal was produced. Records required by Title 18 U.S.C. §2257 are on file with the following Records Custodian:
Exemption Statement Non-Explicit Content Produced by Operators: With regard to all other visual depictions appearing on this Website, for which the operators of this Website are producers, such depictions are exempt from the provision of 18 U.S.C. 2257 and 28 C.F.R. 75 because:
Exemption Statement Content Produced by Third Parties: The operators of this Website are not the producers of any depictions of actual or simulated sexually explicit conduct submitted by its third party users / members. Instead, the activities of the operators of this Website, with respect to such content, are limited to the transmission, storage, retrieval, hosting and/or formatting of depictions posted directly to the Website by third party users, on areas of the Website under the user's control. Pursuant to Title 18 U.S.C. 2257(h)(2)(B)(v) and 47 U.S.C. 230(c), the operators of this Website reserve the right to delete content posted by users which operators deem to be indecent, obscene, defamatory or inconsistent with their policies and terms of service.
Questions or comments regarding this 18 U.S.C. 2257 Exemption/Disclosure Statement should be addressed to: email@example.com