Effective Date: August 28, 2024
Any human being that appears in any visual depiction of actual or simulated sexually explicit conduct appearing or otherwise contained on FetishFinder.com (the "Platform”) was at least 18 years of age when those visual depictions were produced.
Exemption: Content Produced by Third Parties
The Platform’s operator is not the “producer” of any depictions of actual or simulated sexually explicit conduct that might appear on the Platform. The Platform’s operator limits its handling of this content and only performs the activities of transmission, storage, retrieval, hosting, or formatting of material that might depict sexually explicit conduct, all of which material appears on the Platform as the result of actions taken by third-party users of the Platform. All parts of the Platform that contain user-generated material are under the control of the relevant user, for whom the Platform is provided as an online service by the operator. Under 18 U.S.C. § 2257(h)(2)(B)(v) and 47 U.S.C. § 230(c), the Platform’s operator may delete materials appearing on the Platform as the result of actions taken by the Platform’s users, which materials are considered, in the operator’s sole discretion, to be indecent, obscene, defamatory, or inconsistent with the Platform’s policies and terms of service.
Exemption: Content Produced by Platform Operator
To the extent that any images or videos appear on the Platform, for which the Platform’s operator might be considered the “producer,” those images and videos are exempt from the requirements of 18 U.S.C. §§ 2257–2257A and 28 C.F.R. Part 75 for one or more of the following reasons: (1) the produced images or videos do not portray any sexually explicit conduct defined in 18 U.S.C. § 2256(2)(A); (2) the produced images or videos do not portray depictions of the genitals or pubic area created after July 27, 2006; (3) the produced images or videos do not portray simulated sexually explicit activity occurring after the effective date of 18 U.S.C. § 2257A; or (4) the produced images or videos were created before July 3, 1995.
Designated Records Custodian
Without limiting the applicability of the above-stated exemptions, the Platform’s operator has designated the custodian, whose address appears below, to be the keeper of original records described in 18 U.S.C. §§ 2257–2257A and 28 C.F.R. Part 75 for all materials appearing on the Platform that fall in the following categories: (1) marketing and advertising materials that contain visual depictions of actual or simulated sexually explicit conduct, which materials have been acquired or created by the Platform’s operator to promote the Platform; or (2) materials that are not exempt, as described above.
The named earlier records and their custodian can be found at the following location:
Custodian of Records
PACTM LLC
318 N. Carson Street, Suite 208
Carson City, Nevada 89701