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:
| Custodian of Records: |
Records Custodian |
| Address: |
Unit 2
1 Loughborough St
London
SE11 5RB
United Kingdom
|
| Email Address: |
support@spandexparty.com |
| Title of the Work: |
Spandex Party |
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:
- they do not portray actual sexually explicit conduct as specifically defined in 18 U.S.C 2256 (2) (A)(i)-(iv);
- they do not portray depictions of the genitals or pubic area created after July 27, 2006;
- they do not portray simulated sexually explicit activity created after the effective date of Title 18 U.S.C. 2257A; or,
- they were created prior to July 3, 1995.
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: support@spandexparty.com