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Last revision: June 15, 2010
18 U.S.C. 2257 Record-Keeping Requirements Compliance statement
IMPORTANT NOTICE: In addition to the capitalised terms defined elsewhere in
this statement, all other capitalised definitions used herein are defined in the TOS.
The persons that appear in any visual depiction in the chatgf.com
website and its live Video Chats, were over the age of eighteen (18) years at
the time of the creation of such, in compliance with USA and international laws.
CHATGF hereby certifies that this website and its live Video Chats, which is
a continuous ongoing production, is EXEMPT from both the
recordkeeping and labelling requirements of 18 U.S.C. § 2257, because:
(1) CHATGF allows Users to transmit only non-lascivious display of either
artistic, educational or naturistic nudity, not intended for arousing prurient interests.
Accordingly, CHATGF does not contain or transmit “visual
depictions of actual or simulated sexually explicit conduct” or,
as in HR 4472 for the Content created after 27
July of 2006, “lascivious exhibition of the genitals or pubic area”.
Fully visible genitals are not enough to declare lascivious a nude image
(i.e. the “Dost factors” S.D. Cal. 1986) unless manipulated or
suggesting willingness to engage in sexual activity.
(2) CHATGF is not a primary or secondary producer as it does not
insert, digitize, edit or organize images and videos.
All the creation and
manipulation of Video Chats is decided and managed wholly independently
by source private Users, none of which is our employee, who transmit from own
locations and hardware an
already produced and final Content to destination User(s) of their choice.
CHATGF does not hire, manage, help or encourage Users to perform anything except
to comply with the TOS (online at: www.chatgf.com).
(3) CHATGF is not a publisher or distributor. CHATGF is a real-time and interactive
telecommunication service, as in 47 U.S.C. § 231(e) and § 231(f), and a
provider of information society services as defined in article 3:15d of the Dutch Civil Code,
and never selects or alters the content, except deleting or interrupting
what’s found or reported to be illegal or breaching the Terms Of Service.
CHATGF gives no warranties of complete or error-free monitoring,
is not an editor and does not necessarily endorse all of the non-deleted or transmitted content.
CHATGF has no commercial interest or right to the
Video Chats, neutrally carried “as is” between Users, who
keep the rights and sole responsibility of its own Content.
The CHATGF
scope is limited to the transmission service, billed per minute or monthly
usage, independently by the content, purpose, source or
recipients, similar to phone and internet companies as Yahoo or Skype.
(4) CHATGF only carries data in real-time and does not keep or provide records
or copies of transmissions, and if some reproductions exist, outside CHATGF and later than
original Video Chat date, it is the sole responsibility of User(s) who independently
recorded it with their own software, methods and resources. In the case of private
Video Chats where 2 (two) Users only chat together, there is no publishing or distribution
at all, neither from CHATGF or from its Users, as no third parties can obtain
a recorded copy of the Video Chat at later date, just as if two people
talked in a locked room of a private home.
CHATGF, whether or not the Content is sexually explicit, and despite 2257 exemption,
prior to every Content transmission requires, from all the Users wishing to be video producers,
the submission of 2 (two) different Government issued identification documents,
stating that their age is over 18, including an eye witness signature to avoid forged documents.
To prevent access to minors we labeled each page with both RTA and ICRA parental control filters, and for all the viewer Users an
age verification, based on credit card validation plus a self declaration,
is required prior to receive any Content: no free Video Chats are available in open or unfiltered areas.
The documents are available, for authorized officials only, both online and at the Custodian of Records:
Patrick Lakerveld
Dokweg 33/B
1976 CA IJmuiden
The Netherlands
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