18 USC 2257 Statement

18 U.S.C. § 2257 RECORD-KEEPING REQUIREMENTS COMPLIANCE STATEMENT

PLATFORM STATUS AND EXEMPTION

Gooners.tv (hereinafter referred to as the "Website," "Platform," "we," "us," or "our") is a user-generated content hosting platform that allows users to upload, share, and view content. Gooners.tv is NOT a "producer" (whether primary or secondary) as that term is defined in 18 U.S.C. § 2257 and 28 C.F.R. § 75 of any content that appears on this Website.

The Website functions solely as a passive hosting service and content sharing platform. We do not create, produce, commission, solicit, direct, film, photograph, edit, or otherwise participate in the production of any user-uploaded content. All content appearing on this Website that is subject to 18 U.S.C. § 2257 record-keeping requirements has been uploaded by third-party users who are solely responsible for compliance with all applicable laws, including but not limited to 18 U.S.C. § 2257 and 28 C.F.R. § 75.

Pursuant to 18 U.S.C. § 2257(h)(2)(B) and 28 C.F.R. § 75.1(c), the record-keeping requirements of 18 U.S.C. § 2257 and 28 C.F.R. § 75 do not apply to Gooners.tv because this Website does not produce any content; rather, it merely provides hosting and transmission services for user-generated content.

UPLOADER RESPONSIBILITY AND PRODUCER STATUS

ALL USERS WHO UPLOAD CONTENT TO THIS WEBSITE ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR COMPLIANCE WITH 18 U.S.C. § 2257 AND 28 C.F.R. § 75.

Each user who uploads content to Gooners.tv is either (a) the primary producer of such content, (b) the secondary producer of such content, or (c) has obtained the content from a producer who maintains the required records. In each case, the uploader—not Gooners.tv—bears full legal responsibility for ensuring that:

  • All performers depicted in any visual depiction of actual or simulated sexually explicit conduct were at least eighteen (18) years of age at the time of the creation of such content;
  • All records required by 18 U.S.C. § 2257 and 28 C.F.R. § 75 are created, maintained, and organized as required by law;
  • Such records are available for inspection at the location(s) specified by the producer in accordance with applicable regulations;
  • All content contains a compliant 18 U.S.C. § 2257 disclosure statement identifying the custodian of records and the physical address where such records are maintained; and
  • All other applicable federal, state, and local laws regarding the production, distribution, and maintenance of records for adult content are fully satisfied.

OBTAINING RECORDS AND PRODUCER INFORMATION

With respect to the records required pursuant to 18 U.S.C. § 2257 and 28 C.F.R. § 75 for any content found on this Website, please direct your request to the original producer of such content. The Website does not maintain 2257 records for user-uploaded content because it is not the producer of such content.

If you require assistance in identifying or contacting the original producer of any content on this Website, you may submit a request through our Compliance Contact Form. We will make reasonable efforts to provide available information regarding content origin, subject to our Privacy Policy and applicable law.

USER CERTIFICATIONS AND WARRANTIES

By uploading any content to Gooners.tv, each user expressly certifies, represents, warrants, and agrees, under penalty of perjury, that:

  1. The user is at least eighteen (18) years of age and has reached the age of majority in their jurisdiction;
  2. ALL individuals appearing in the uploaded content are at least eighteen (18) years of age and were at least eighteen (18) years of age at the time the content was created;
  3. The user has personally examined valid government-issued photo identification documents (such as a passport, driver's license, or national identity card) for each individual depicted in the content, confirming that each individual was at least eighteen (18) years of age at the time of content creation;
  4. The user has obtained and maintains all documentation required by 18 U.S.C. § 2257 and 28 C.F.R. § 75, including but not limited to: copies of picture identification documents for each performer, records of each performer's legal name, date of birth, and any stage names or aliases used, and an index cross-referencing each performer to the content in which they appear;
  5. The user will retain all required records for a minimum of seven (7) years from the date of upload, or as otherwise required by law, and will make such records available for inspection upon request by authorized law enforcement or regulatory authorities;
  6. All content depicts only consensual activity between adults, and the user has obtained valid, written consent from all individuals depicted;
  7. The user is either the original producer of the content or has obtained proper authorization from the original producer to distribute the content;
  8. The content does not violate any applicable local, state, federal, or international law; and
  9. The user understands and acknowledges that providing false information or uploading content depicting minors constitutes a serious criminal offense punishable by significant fines and imprisonment.

PLATFORM COMPLIANCE MEASURES

Although Gooners.tv is not a producer and is not legally required to maintain 2257 records for user-uploaded content, we have voluntarily implemented the following compliance measures to help prevent illegal content from appearing on our platform:

  1. Age Verification for Uploaders: All users must affirm that they are at least eighteen (18) years of age before uploading any content;
  2. Mandatory Certifications: At the time of upload, each user must affirmatively certify that: (a) they are at least 18 years old; (b) all individuals depicted in the content are at least 18 years old; (c) they maintain complete 2257 records for all content; (d) they have obtained consent from all depicted individuals; and (e) the content does not violate any applicable law;
  3. Content Flagging System: Users may flag content as inappropriate, illegal, or potentially depicting minors using the reporting tools provided on the Website;
  4. Review and Removal: All flagged content is reviewed, and any content that appears to violate our policies or applicable law is removed promptly without prior notice;
  5. Account Termination: Users who upload prohibited content will have their accounts immediately and permanently terminated;
  6. Law Enforcement Cooperation: We fully cooperate with law enforcement agencies investigating potential violations of 18 U.S.C. § 2257 or any other applicable law; and
  7. NCMEC Reporting: Any content that appears to depict minors is immediately removed and reported to the National Center for Missing & Exploited Children (NCMEC) and appropriate law enforcement authorities.

CONTENT REPORTING AND REMOVAL

Gooners.tv maintains a zero-tolerance policy for content depicting minors or any content that violates 18 U.S.C. § 2257 or other applicable laws. We encourage all users to report potentially illegal or non-compliant content immediately.

To report content: Click the "Flag as Inappropriate" or "Report" link located below each video, or contact our compliance team directly through the Compliance Contact Form.

Upon receipt of a report, Gooners.tv will promptly investigate and, if warranted, remove the content immediately without prior notice to the uploader. We reserve the right to preserve and disclose any information related to reported content to law enforcement authorities.

DISCLAIMER OF LIABILITY

Gooners.tv EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY ARISING FROM OR RELATED TO USER-UPLOADED CONTENT.

Because Gooners.tv is not the producer of user-uploaded content, we make no representations or warranties regarding the accuracy or completeness of any user's compliance with 18 U.S.C. § 2257 or any other applicable law. While we implement measures designed to promote compliance, we cannot guarantee that all user-uploaded content is fully compliant with all legal requirements.

Each user who uploads content to this Website agrees to defend, indemnify, and hold harmless Gooners.tv, its owners, operators, officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorneys' fees) arising from or related to: (a) the user's content; (b) the user's violation or alleged violation of 18 U.S.C. § 2257, 28 C.F.R. § 75, or any other applicable law; (c) any third-party claims arising from the user's content; or (d) the user's breach of any certification, representation, or warranty made in connection with the upload of content.

COOPERATION WITH AUTHORITIES

Gooners.tv will fully cooperate with any law enforcement agency, regulatory body, or court of competent jurisdiction investigating potential violations of 18 U.S.C. § 2257 or any other applicable law. Such cooperation may include, without limitation, providing available information about users and content, preserving evidence, and facilitating access to records maintained by content uploaders.

CONTACT INFORMATION

For questions regarding this 2257 Compliance Statement, to report potentially non-compliant content, or to request assistance in locating the producer of specific content, please contact us through our Compliance Contact Form.

MODIFICATIONS

Gooners.tv reserves the right to modify this 2257 Compliance Statement at any time without prior notice. Any modifications will be effective immediately upon posting on the Website. Your continued use of the Website following the posting of any modifications constitutes your acceptance of such modifications.

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