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Dwayne B.
Dwayne B., Attorney
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Experience:  Began practicing law in 1992
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Hello. I am working on opening an online adult toy website

Resolved Question:

Hello. I am working on opening an online adult toy website and need some assistance "18 U.S.C. 2257 Record-Keeping Requirements Compliance Statement"
my vendor is allowing me to use the images from there website so I don’t own or controled any of the images and its information. I see on there site they are in compliance and has all records filed with the Clirk in California. now my business in located here in new york. how do I modify the statement on there website which is below to cover myself on any legas issues with the pictures?

"18 U.S.C. 2257 Record-Keeping Requirements Compliance Statement
All models, actors, actresses and other persons that appear in any visual depiction of actual sexually explicit conduct appearing or otherwise contained in this Website were over the age of eighteen years at the time of the creation of such depictions. All other visual depictions displayed on this Website are exempt from the provision of 18 U.S.C. section 2257 and 28 C.F.R. 75 because said visual depictions do not consist of depictions of conduct as specifically listed in 18 U.S.C section 2256 (2) (A) through (D), but are merely depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct, or are otherwise exempt because the visual depictions were created prior to July 3, 1995. With respect to all visual depictions displayed on this website, whether of actual sexually explicit conduct, simulated sexual content or otherwise, all persons in said visual depictions were at least 18 years of age when said visual depictions were created.
The records required pursuant to 18 USC 2257 pertaining to this website and all materials depicted hereon, are on file with the Custodian of Records:
Ari Suss
15251 Pipeline Lane
Huntington Beach CA, 92649
The owners and operators of this Website are not the primary producer (as that term is defined in 18 USC section 2257) of any of the videos or streaming video content sold through or linked through this website.
Local Community Standards Information
The content of this site falls
easily within the bounds of what is acceptable in the district of Orange County. Moreover, in the past 10 years, there has been no prosecution of an internet site based on obscenity. We hence believe that the content of this site falls within what is acceptable based on the local community standard of online space."
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.
Hello, and thank you for contacting Just Answer. I am an expert here and and I look forward to assisting you today.

Are you just going to sell the toys or are you going to have videos, etc. as well?
Customer: replied 1 year ago.
Hello, i am just going to be selling toys no videos, a few of the packages or images from my vendor has topless girls.
Expert:  Dwayne B. replied 1 year ago.
Do you actually have the compliance records?
Customer: replied 1 year ago.
No i don't have the records. what i am doing is basically busying all the products from a master distributor and then selling them on my site. My vendor is the one that has all the records and has it files in California. My vendor "sex toy distribution" allows all there customer to use the pictures on there site. there is a statement on there site that allows anyone to use the pictures as needed
Expert:  Dwayne B. replied 1 year ago.
That law really requires you to maintain the records yourself. What you could do is ask the distributor if you have permission to use his records for the disclaimer purpose. If you do that then you just change the language in the last paragraph.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 27005
Experience: Began practicing law in 1992
Dwayne B. and 3 other Legal Specialists are ready to help you
Customer: replied 1 year ago.
Hello, sorry if i wasn't clear i the initial question. I already asked permission from my vendor and they said i can use there disclaimer as needed. My question to you is how do i change the language in the last paragraph. that i what i need help with. I need your help with rewriting it.
Expert:  Dwayne B. replied 1 year ago.
Ah! Got you.

You would just change the "Orange COunty" to your location and then change the "Moreover" to "To the best of our knowledge and belief" and that should cover you.
Customer: replied 1 year ago.
okay got it, one more question about this. is there an issue with some of the pictures being semi naked. like a topless lady modeling a lingerer? I am just concerned about the nudity and there there's any laws against that
Expert:  Dwayne B. replied 1 year ago.
No, you just need to have a page that someone has to click through with the nudity warning and the over 18 click through. That should solve it.

Please ask any follow up questions in this thread. When all of your questions have been answered, then I would ask that you give a Positive Rating (of course I'd suggest Excellent) since that is the only way I get credit for my work and also please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. When looking at the answer I ask you to bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.

However, please do not issue a rating of any kind until all of your questions have been answered and please use the Reply button to ask additional questions or to provide answers to my questions.
Customer: replied 1 year ago.
Okay i will give a good rating when finished. now i made the two changes you mentioned. the last one is the statement below
that has the location where the records are being kept. Do i leave that in and add it to my site? or do i remove this?

"The records required pursuant to 18 USC 2257 pertaining to this website and all materials depicted hereon, are on file with the Custodian of Records:
Ari Suss
15251 Pipeline Lane
Huntington Beach CA, 92649 "

Expert:  Dwayne B. replied 1 year ago.
Since that is where the records are you shouldn't change it. You may want to get a letter from the distributor saying that they agree that they are acting as custodian of records for all images used from their site and that should protect you.

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