2257 Exemption Statement
This Site does not permit the publication of images depicting individuals under the age of 18.
Exemption Statement:
All visual depictions displayed on this Website are exempt from the provision of 18 U.S.C. §§2257, 2257A and/or 28 C.F.R. §75, because:
1) they do not portray conduct as specifically listed in 18 U.S.C §2256 (2)(A) (i) through (iv);
2) they do not portray conduct as specifically listed in 18 U.S.C. §2257A produced after March 19, 2009;
3) they do not portray conduct listed in 18 U.S.C. §2256(2)(A)(v) produced after March 19, 2009;
4) the visual depictions were created prior to July 3, 1995; or,,/p>
5) this Company does not act as a “producer” with respect to the dissemination of such exempt images as that term is defined in 28 C.F.R. §75.1(c).
18 U.S.C. 2257 Exemption/Disclosure Statement 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.
Except with respect to certain content that is posted directly by SocialSwinging.com or its partners on the Website, all of the content appearing on this Website was submitted by SocialSwinging.com's third party users/members.
The relevant Terms and Conditions for the members both disclose and obligate them as the owners of record of the content they upload and assign all responsibility for such to the individual members.
In fulfilling its obligations under 18 U.S.C. 2257 with respect to content submitted by third party users/members, SocialSwinging.com 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.
