|
Primary Producer: In compliance with United States Code, Title 18,
Section 2257, all models, actors, actresses and other persons who appear
in any visual depiction of sexually explicit conduct appearing or
otherwise contained in or at this web site were over the age of eighteen
years at the time of the creation of such depictions; Or the graphic
images contained within this website are exempt from the requirements of
18 U.S.C. S2257 of Title 18, United States Code and the
regulations of 75 C.F.R. §75 because they were produced prior to July 3,
1995. The records required by Section 2257 of Title 18, United States
Code with respects to all graphical materials associated therewith on
which this label appears are kept by the Custodian of Records W.Hawkins,
P.O. Box 118, Washington, Utah 84790. FoxyPoser Groups hereby certifies
that this product is in compliance with the labeling requirements of
Section 2257 of Title 18, United States Code.
18 USCA s
2257
18
U.S.C.A. § 2257
UNITED STATES CODE ANNOTATED
TITLE 18.
CRIMES AND CRIMINAL PROCEDURE
PART
I--CRIMES
CHAPTER
110--SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN
Current
through P.L. 106-213, approved 5-26-2000
§ 2257.
Record keeping requirements
(a)
Whoever produces any book, magazine, periodical, film, videotape, or other
matter which--
(1) contains one or more visual depictions made after November 1, 1990
of actual sexually explicit conduct; and
(2)
is produced in whole or in part with materials which have been mailed or
shipped in interstate or foreign commerce, or is shipped or transported
or is intended for shipment or transportation in interstate or foreign
commerce;
shall
create and maintain individually identifiable records pertaining to
every performer portrayed in such a visual depiction.
(b) Any
person to whom subsection (a) applies shall, with respect to every
performer portrayed in a visual depiction of actual sexually explicit
conduct--
(1)
ascertain, by examination of an identification document containing such
information, the performer's name and date of birth, and require the
performer to provide such other indicia of his or her identity as may be
prescribed by regulations;
(2)
ascertain any name, other than the performer's present and correct name,
ever used by the performer including maiden name, alias, nickname,
stage, or professional name; and
(3)
record in the records required by subsection (a) the information
required by paragraphs (1) and (2) of this subsection and such other
identifying information as may be prescribed by regulation.
(c) Any
person to whom subsection (a) applies shall maintain the records required
by this section at his business premises, or at such other place as the
Attorney General may by regulation prescribe and shall make such records
available to the Attorney General for inspection at all reasonable times.
(d)(1)
No information or evidence obtained from records required to be created or
maintained by this section shall, except as provided in this section,
directly or indirectly, be used as evidence against any person with
respect to any violation of law.
(2)
Paragraph (1) of this subsection shall not preclude the use of such
information or evidence in a prosecution or other action for a violation
of this section or for a violation of any applicable provision of law
with respect to the furnishing of false information.
(e)(1)
Any person to whom subsection (a) applies shall cause to be affixed to
every copy of any matter described in paragraph (1) of subsection (a) of
this section, in such manner and in such form as the Attorney General
shall by regulations prescribe, a statement describing where the records
required by this section with respect to all performers depicted in that
copy of the matter may be located.
(2)
If the person to whom subsection (a) of this section applies is an
organization the statement required by this subsection shall include the
name, title, and business address of the individual employed by such
organization responsible for maintaining the records required by this
section.
(f) It
shall be unlawful--
(1)
for any person to whom subsection (a) applies to fail to create or
maintain the records as required by subsections (a) and (c) or by any
regulation promulgated under this section;
(2)
for any person to whom subsection (a) applies knowingly to make any
false entry in or knowingly to fail to make an appropriate entry in, any
record required by subsection (b) of this section or any regulation
promulgated under this section;
(3)
for any person to whom subsection (a) applies knowingly to fail to
comply with the provisions of subsection (e) or any regulation
promulgated pursuant to that subsection; and
(4)
for any person knowingly to sell or otherwise transfer, or offer for
sale or transfer, any book, magazine, periodical, film, video, or other
matter, produce in whole or in part with materials which have been
mailed or shipped in interstate or foreign commerce or which is intended
for shipment in interstate or foreign commerce, which--
(A)
contains one or more visual depictions made after the effective date
of this subsection of actual sexually explicit conduct; and
(B)
is produced in whole or in part with materials which have been mailed
or shipped in interstate or foreign commerce, or is shipped or
transported or is intended for shipment or transportation in
interstate or foreign commerce;
which does not have affixed thereto, in a manner prescribed as set
forth in subsection (e)(1), a statement describing where the records
required by this section may be located, but such person shall have no
duty to determined the accuracy of the contents of the statement or
the records required to be kept.
(g) The
Attorney General shall issue appropriate regulations to carry out this
section.
(h) As
used in this section--
(1)
the term "actual sexually explicit conduct" means actual but not
simulated conduct as defined in subparagraphs (A) through (D) of
paragraph (2) of section 2256 of this title;
(2)
"identification document" has the meaning given that term in section
1028(d) of this title;
(3)
the term "produces" means to produce, manufacture, or publish any book,
magazine, periodical, film, video tape or other similar matter and
includes the duplication, reproduction, or reissuing of any such matter,
but does not include mere distribution or any other activity which does
not involve hiring, contracting for managing, or otherwise arranging for
the participation of the performers depicted; and
(4)
the term "performer" includes any person portrayed in a visual depiction
engaging in, or assisting another person to engage in, actual sexually
explicit conduct.
(i)
Whoever violates this section shall be imprisoned for not more than 2
years, and fined in accordance with the provisions of this title, or both.
Whoever violates this section after having been convicted of a violation
punishable under this section shall be imprisoned for any period of years
not more than 5 years but not less than 2 years, and fined in accordance
with the provisions of this title, or both.
CREDIT(S)
2000 Main
Volume
(Added
Pub.L. 100-690, Title VII, § 7513(a), Nov. 18, 1988, 102 Stat. 4487, and
amended Pub.L. 101-647, Title III, §§ 301(b), 311, Nov. 29, 1990, 104 Stat.
4808; Pub.L. 103-322, Title XXXIII, § 330004(14), Sept. 13, 1994, 108 Stat.
2142.)
<General
Materials (GM) - References, Annotations, or Tables>
HISTORICAL AND STATUTORY NOTES
Revision
Notes and Legislative Reports
1988
Acts. For Related Reports, see 1988 U.S. Code Cong. and Adm. News, p.
5937.
1990
Acts. House Report Nos. 101-681(Parts I and II) and 101-736, Senate Report
No. 101-460, and Statement by President, see 1990 U.S. Code Cong. and Adm.
News, p. 6472.
1994
Acts. House Report Nos. 103-324 and 103-489, and House Conference Report
No. 103-711, see 1994 U.S. Code Cong. and Adm. News, p. 1801.
Amendments
1994
Amendments. Subsecs. (f), (g). Pub.L. 103-322, § 330004(14), struck out
the subsections (f) and (g), relating to regulations and definitions,
which had been enacted as part of the original enactment of this section
by Pub.L. 100-690 in 1988. Amendment served to correct the results of an
error in directory language of section 311 of Pub.L. 101-647 which had
moved the existing subsecs. (f) and (g) to the end of the section by
adding new subsecs. (f) through (i) to follow subsec. (e) without deleting
such existing subsecs. (f) and (g).
1990
Amendments. Subsec. (a)(1). Pub.L. 101-647, § 301(b), substituted
"November 1, 1990" for "February 6, 1978".
Subsec.
(d). Pub.L. 101-647, § 311, substituted in par. (1) "in this section" for
"paragraphs (2) and (3)" and struck out par. (3), which provided that in a
prosecution for violation of section 2251(a), a required element of which
is establishment of a performer as a minor, proof of violation of subsecs.
(a), (b), or (e) raises a rebuttable presumption that such performer was a
minor.
Subsec.
(e)(3). Pub.L. 101-647, § 311, struck out par. (3), which provided that in
a prosecution for violation of section 2252 of this title, a required
element of which is establishment of a performer as a minor, proof that
the matter in which the visual depiction is contained did not contain the
statement required by this section raises a rebuttable presumption that
such performer was a minor.
Subsecs.
(f) to (i). Pub.L. 101-647, § 311, added subsecs. (f) to (i).
Effective
and Applicability Provisions
1990
Acts. Section 312 of Pub.L. 101-647 provided that: "Subsections (d), (f),
(g), (h), and (i) of section 2257 of title 18, United States Code, as
added by this title shall take effect 90 days after the date of the
enactment of this Act [Nov. 29, 1990] except--
"(1)
the Attorney General shall prepare the initial set of regulations
required or authorized by subsections (d), (f), (g), (h), and (i) of
section 2257 within 60 days of the date of the enactment of this Act;
and
"(2)
subsection (e) of section 2257 and of any regulation issued pursuant
thereto shall take effect 90 days after the date of the enactment of
this Act."
1988
Acts. Section 7513(c) of Pub.L. 100-690 provided that: "Section 2257 of
title 18, United States Code, as added by this section [this section]
shall take effect 180 days after the date of the enactment of this Act
[Nov. 18, 1988] except--
"(1)
the Attorney General shall prepare the initial set of regulations
required or authorized by section 2257 [this section] within 90 days of
the date of the enactment of this Act [Nov. 18, 1988]; and
"(2)
subsection (e) of section 2257 of such title [subsec. (e) of this
section] and of any regulation issued pursuant thereto shall take effect
270 days after the date of the enactment of this Act [Nov. 18, 1988]."
FEDERAL
SENTENCING GUIDELINES
See
Federal Sentencing Guidelines § 2G2.5, 18 USCA.
LIBRARY
REFERENCES
American
Digest System
Obscenity
k2.5, 5.
Key
Number System Topic No. 281.
Encyclopedias
Obscenity, see C.J.S. §§ 3 to 7, 10, 13-19.
NOTES OF
DECISIONS
Constitutionality 1
Purpose 2
Regulations 3
1.
Constitutionality
Child
Protection Restoration and Penalties Enhancement Act was not impermissible
over broad as applied to publisher of "swingers" magazine and its readers
and advertisers; although majority of publisher's readership might not be
object of the Act's focus, allowance of exceptions to disclosure
requirements, presumably based on subjective determination by publisher as
to a subscriber's age, would not promote the Act's goal of eliminating use
of minors in pornography. Connection Distributing Co. v. Reno, C.A.6
(Ohio) 1998, 154 F.3d 281, rehearing and suggestion for rehearing en banc
denied, certiorari denied 119 S.Ct. 1496, 143 L.Ed.2d 650.
Requirement of record-keeping and disclosure provisions of Child
Protection and Obscenity Enforcement Act that producer ascertain any name
ever used by performer is not unconstitutionally onerous as interpreted to
merely require that producer record every name supplied by performer in
response to request. American Library Assistant v. Reno, C.A.D.C.1994, 33
F.3d 78, 308 U.S.App.D.C. 233, rehearing denied, suggestion for rehearing
denied 47 F.3d 1215, 310 U.S.App.D.C. 341, certiorari denied 115 S.Ct.
2610, 515 U.S. 1158, 132 L.Ed.2d 854.
2. Purpose
Congressional purpose in enacting record-keeping and disclosure
requirements of Child Protection and Obscenity Enforcement Act is to
prevent exploitation of children by requiring those responsible for
videotaping sexually explicit acts to secure proof of performer's age and
keep a record of it, to deprive child pornographers of access to
commercial markets by requiring secondary producers to inspect the proof,
and to establish system whereby law enforcement officers can identify
performers and verify compliance with the Act. American Library Assistant
v. Reno, C.A.D.C.1994, 33 F.3d 78, 308 U.S.App.D.C. 233, rehearing denied,
suggestion for rehearing denied 47 F.3d 1215, 310 U.S.App.D.C. 341,
certiorari denied 115 S.Ct. 2610, 515 U.S. 1158, 132 L.Ed.2d 854.
3. Regulations
Regulation implementing Child Protection and Obscenity Enforcement Act was
invalid to the extent that its definition of "producer," establishing
those persons subject to Act's record keeping requirements, failed to
exclude those not involved in hiring, contracting for, managing, or
otherwise arranging for participation of performers depicted in sexually
explicit material, as required by statute, by restricting exclusion to
those not qualifying as primary or secondary producers. Sundance
Associates, Inc. v. Reno, C.A.10 (Colo.) 1998, 139 F.3d 804.
18
U.S.C.A. § 2257
18 USCA §
2257
FOXYPOSER.COM (FOXYPOSERGROUPS ) Terms and
Conditions of Use
FOXYPOSERGROUPS is a website produced by
consenting adults and is intended as communication to and for other consenting
adults ONLY. Exercising our God given rights of free thought and free
expression, the material on this site presents scripted and staged accounts of
the various fantasies of adults. All peoples on this site are of legal age and
have agreed to perform for you to express and show their feelings for each
other and to help others understand that being considered and/or called "slutty",
"whorish", "lewd", "obscene" and other sexually derogatory statements, are in
fact just verbalizations of one person or a group of peoples desire to
exercise control over another person or group of persons by enforcing a moral
standard that is restrictive not only of the freedom of expression but also of
free will and free thought. By challenging these narrow minded moral views and
allowing the expression of "natural" law FOXYPOSERGROUPS hopes to help others
realize that they are NOT alone in the world and that what they think and feel
is perfectly healthy, normal and enjoyable when consenting adults are
involved. All pictures shown on this site are intended to show the normal,
healthy and "fun" side of human sexuality. They are an extension of the common
idea of "role playing in the bedroom". This is not a new concept and is
acceptable in the mainstream. FOXYPOSERGROUPS also helps bring the sexual
fantasies of others to life by taking requests via email for various sexual
ideas. This is again the exploration of sexual relationships and the requests
that are portrayed are intended to form a dialogue between the requester and
the posers about what is a normal and healthy sexual life.
Please note that these fictional accounts do not always exhibit the full range
of real life relationships. All posers portrayed in the material are of legal
age, and are intended to be portrayed and understood as fully consenting
adults.
This material is created to inform viewers of
the wide range of adult relationships. It presents the idea that these are
important aspects of adult relationships, and that sexual conduct is enjoyable
in various forms of expression. Moreover, this material is meant to serve as a
visual record of the methods of interpersonal and sexual relationships. If
you understand and agree with the above, please continue and enjoy!
The following are the TERMS AND CONDITIONS
OF USE for FOXYPOSERGROUPS . Viewing pages contained within this site binds you
to this agreement. If you disagree with any part of this agreement you must
discontinue your viewing of the site and exit immediately.
A. AGE AND LEGAL ACCESS CERTIFICATION.
By subscribing to and entering
FOXYPOSERGROUPS, you certify the following information and understand that we
are relying on such certification and agreement to these terms of service for
allowing you to enter the site. You hereby declare under penalty of
perjury the following:
B. CUSTODIAN OF RECORDS.
FOXYPOSERGROUPS
CUSTODIAN OF RECORDS
U.S.C. TITLE 18, SECTION 2257 COMPLIANCE
The actors, models, 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.
All other pictures, graphics, videos or other visual media
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 media 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
All persons who appear in any visual
depiction contained in this site were eighteen years of age or older at the
time of the creation of such depictions. The records required by Section 2257
of Title 18 of the United States Code with respect to visual depictions of
actual sexually explicit conduct are kept by the custodian of records, Will
Hawkins, who can be reached at FOXYPOSERGROUPS@yahoogroups.com, and has a business address of
FOXYPOSERGROUPS
c/o Will Hawkins
ATTN: FOXYPOSERGROUPS Records
PO Box 118
Washington, UT, 84790 USA
Other models who have submitted galleries
at "FOXYPOSERGROUPS"
section of the members area and accepted by FOXYPOSERGROUPS as a form of
reciprocal advertisement, maintain separate Title 18 Section 2257 Compliance
documents that may be found at their respective sites. FOXYPOSERGROUPS, not
having produced this material, does not maintain the records for these
independent contractors who supply content and will not be held responsible
for any unlawful content.
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FOXYPOSERGROUPS is a trademark of
FOXYPOSERGROUPS . and may be used publicly only with express written permission.
Other trademarks and service marks featured on the site are displayed pursuant
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consent of the owners and/or holders of such trademarks and service marks.
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D. COPYRIGHTS.
COPYRIGHTS
Terms and Conditions
FOXYPOSERGROUPS
are premier sites dedicated to the
distribution of great visual content.
FOXYPOSERGROUPS
is committed to promoting the free-flowing exchange of graphic expression
relating to Members' interests and/or activities.
FOXYPOSERGROUPS
and partners: Foxyposers.com, FoxyOverForty.com,
Yohotbabe.com,
Foxyposer @ World Groups, Foxyposer
@ Yahoo and Erotographics.com., hereafter
collectively shall be referred to as:
“FOXYPOSERGROUPS
or FoxyPoser.com,"
Before you enter the "Sites",
of any
FOXYPOSERGROUPS, it is important
that you carefully review the Terms and Conditions
of usage set forth below. The Terms and Conditions
may be updated or changed from time to time and
you should check this page periodically.
By entering and using
FOXYPOSERGROUPS you accept these
Terms and Conditions and agree to be legally bound
and subject to them. Acceptance of the Terms and
Conditions creates a binding legal agreement
between you and
FOXYPOSERGROUPS that you will
comply with the Terms and Conditions and use the
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these Terms and Conditions. Your use of the Sites
are conditioned on these Terms and Conditions and
your compliance with them. If you do not agree to
the Terms and Conditions, do not access the Sites
or use any of the products or services.
1. Who Can Be a
FOXYPOSERGROUPS Member?
FOXYPOSERGROUPS Membership is available to anyone
who is at least 18 years of age or older who
registers all required information (including an
accurate, legitimate email address) and obtains a Member Username. Persons
under the age of 18 cannot become a member.
2 . What Happens if I Violate These Terms and
Conditions?
Members who violate the Terms and Conditions may
have their membership terminated, revoked,
services cancelled and their pages and materials,
or portions thereof, suspended, deleted or removed
without warning. FOXYPOSERGROUPS will not return
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from removal of member material.
3. What Content or Materials Are Not Allowed on
The FOXYPOSERGROUPS Sites?
a. Content or material that we believe is
grossly pornographic, violent or obscene;
b. Content or material that we believe is grossly
offensive to the online community, including but
not limited to, blatant expressions of bigotry,
prejudice, racism, hatred or profanity;
c . Content or material that exploits children
under the age of 18 or posts or discloses any
personally identifying information about children
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instructional information about illegal
activities, promoting harm or injury to any group,
individual or cruelty to animals including, but
not limited to:
i) Disseminating personal information about
another individual for malevolent purposes,
including libel, slander, defamation or violation of an
individual’s right to privacy.
e. Copyrighted content or material that is used
without the express permission of the owner;
Photographs and other images published in books,
magazines, posters, calendars, websites and
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law. Uploading these images to the
FOXYPOSERGROUPS Community without the owner's
permission may constitute copyright infringement
and may result in termination of your
FOXYPOSERGROUPS membership or prosecution under
applicable laws.
f. Content or material that infringes or
encroaches on the rights of others, including, but
not limited to, infringement of privacy and
publicity rights and harm to reputation; or
g . Any links to the above.
FOXYPOSERGROUPS has the sole discretion to decide
whether content or material is prohibited on the
Site and any materials submitted to the Site may
be examined from time to time. You acknowledge
that FOXYPOSERGROUPS has the absolute right (but
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You, and not FOXYPOSERGROUPS, are solely
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should also know that in visiting the
FOXYPOSERGROUPS community, you may be exposed to
materials you consider to be offensive. You
assume responsibility for your exposure.
4. How Do the Copyright Laws Apply to Materials I
Submit to
FOXYPOSERGROUPS?
When you become a FOXYPOSERGROUPS member, you
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made available to others in the FOXYPOSERGROUPS
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As a condition of membership, you hereby grant
FOXYPOSERGROUPS a perpetual, universal,
nonexclusive right to copy, display, modify,
alter, transmit and distribute any materials
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You are the owner of all materials submitted by
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guarantee to FOXYPOSERGROUPS, as a condition of
membership, that you are the legal owner of the
copyright to all materials you submit to
FOXYPOSERGROUPS or that you have permission from
the copyright owner to submit the materials to
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All of the material on the FOXYPOSERGROUPS Site is
protected by the copyright laws of the U. S. and
other countries. You are only allowed to use these
materials as indicated on the FOXYPOSERGROUPS
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All of the material contained in the
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reproduce, retransmit, distribute, publish,
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otherwise.
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Upon notice of a potential copyright infringement,
FOXYPOSERGROUPS will immediately delete or suspend
access to the infringing material.
FOXYPOSERGROUPS
may also provide the member who posted the
allegedly infringing material with contact
information for the complaining party and may ask
that the member work with the complaining party to
resolve the dispute.
If FOXYPOSERGROUPS has deleted or suspended access
to materials you posted on the FOXYPOSERGROUPS
site because of a complaint that the posting
infringed someone else’s copyright and you
disagree and want to have the materials returned
to your album, within 10 days after receiving
notification that the materials have been deleted,
please provide FOXYPOSERGROUPS with a written
response (a "Response") which contains the
following:
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Your physical or electronic signature;
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Identification of the material that was
deleted or made inaccessible;
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A
statement under penalty of perjury that you
have a good faith belief that the material was
removed or made inaccessible as a result of
mistake or misidentification;
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Your name, address and telephone number and a
statement that you consent to jurisdiction of
Federal District Court for the judicial
district in which your address is located, or
if your address is outside of the United
States, for any judicial district in which
FOXYPOSERGROUPS may be found, and that you
will accept service of process from the person
who complained that posting the materials
constituted a copyright infringement or from
an agent of that person.
A copy of your Response, including your name and
address, will be sent to the person who complained
about your posting, and unless this person files a
lawsuit concerning the posting within in 14 days
of receiving a copy of your Response, the deleted
materials may be returned to your album.
If a clear copyright, trademark, patent, publicity
rights, or other infringement comes to the
attention of FOXYPOSERGROUPS,
FOXYPOSERGROUPS
reserves the right to delete all infringing files
and terminate the user’s membership without
receiving a complaint from the person whose rights
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Private?
FOXYPOSERGROUPS will never release your name or
other personal information without your permission
unless required by law. FOXYPOSERGROUPS may use
aggregated member information that does not
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makes every effort to maintain the security of the
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acknowledge that the exchange between
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such as passwords or electronic mail may not be
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are not private. For additional information,
please read our "Privacy Statement" which can be
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YES.
All FOXYPOSERGROUPS emails, including newsletters
and announcements, will contain information
regarding the activities and events of the groups.
As a condition of membership, you agree to receive
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YOU AGREE TO INDEMNIFY AND HOLD FOXYPOSERGROUPS,
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THROUGH YOUR MEMBERSHIP.
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Members.
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WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
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YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT
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SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL
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12. Law Governing This Agreement.
This Agreement will be governed and construed in
accordance with the laws of the State of Utah,
without regard to its conflict of laws provisions.
By using the FOXYPOSERGROUPS Site you agree to
personal jurisdiction of the state and federal
courts of the State of Utah.
13. FOXYPOSERGROUPS May Amend These Terms and
Conditions At Any Time.
You agree that FOXYPOSERGROUPS reserves the right
to amend these Terms and Conditions at any time,
for any reason, and without notice, including the
right to terminate FOXYPOSERGROUPS services or any
part of the services.
14. This is The Entire Agreement Between You and
FOXYPOSERGROUPS.
These Terms and Conditions are the entire
agreement between you and FOXYPOSERGROUPS and
govern your use of the FOXYPOSERGROUPS Site and
services. This agreement supersedes any prior
agreements between you and FOXYPOSERGROUPS. The
failure of FOXYPOSERGROUPS to enforce any right or
provision of this agreement does not constitute a
waiver of the right or provision. If any portion
of this agreement is deemed to be invalid, the
other portions of the agreement will remain in
full force and effect.
Except for public domain material and
electronic messages, all materials on this site are protected by Federal
copyright and are protected under treaty provisions and worldwide copyright
laws. Materials contained in any part of the site may not be reproduced,
copied, edited, published, transmitted or uploaded in any way without the
written permission of the sites owner. Except as expressly stated in the
Limited License provision in these Terms of Use, no grant of any express or
implied right to you under any of her trademarks, copyrights or other
proprietary information are given.
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E. LIMITED LICENSE.
FOXYPOSERGROUPS provides the materials on this
site for the personal, non-commercial use by viewers, fans, visitors,
subscribers and/or potential subscribers of said site. Users of this site are
granted a single copy license to only view (on a single computer only). That
the viewing of said information does not constitute the right to print or copy
of any of the information made available for viewing on this site. The viewing
of information on this site is for personal, non-commercial use only. Site
owner reserves the right to limit the amount of materials viewed. Commercial
use of any material located on it, is strictly prohibited. In addition, users
of this site may not: (i) modify any of the materials found in any area of
this site, download or copy any material from this site; (ii) use any of the
materials found in any area of this site for any public display, performance,
sale or rental; (iii) remove, modify or alter any copyright or other
proprietary notice, or trademarks from any of the materials found in any area
of the site; or (iv) otherwise transfer any material located in any area of
this site to any other person or entity. Site owner reserves the right to
terminate this license at any time if you breach or violate any provision of
this Terms of Use agreement, in which case you will be obligated to
immediately destroy any information or materials you have downloaded, printed
or otherwise copied from this site. Site owner reserves all other rights
coincident or related to this site.
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F. COMMUNICATIONS NOT PRIVATE.
Site owner does not provide any facility for
sending or receiving private or confidential electronic communications. All
messages transmitted to site owner shall be deemed to be readily accessible to
FOXYPOSERGROUPS subscribers only. Visitors should not use this site to transmit any
communication for which the sender intends only the sender and the intended recipient(s) to read. Notice is hereby given that all messages entered into
this site can and may be read by the operators of this service, regardless of
whether or the operators are the intended recipients of such messages.
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G. DISCLAIMER.
THE MATERIALS ON THIS SITE ARE PROVIDED
"AS
IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES
OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR FITNESS FOR A
PARTICULAR PURPOSE. SITE OWNER OFFERS NO ASSURANCE OF UNINTERRUPTED OR ERROR
FREE SERVICE. SITE OWNER DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE
INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED ON THIS WEB SITE.
SITE OWNER MAY CHANGE ANY OF THE INFORMATION FOUND AT THIS SITE AT ANY TIME
WITHOUT NOTICE INCLUDING THE TERMS OF SERVICE WITHOUT NOTICE. SITE OWNER MAKES
NO COMMITMENT TO UPDATE THE INFORMATION FOUND AT THIS SITE. IN NO EVENT SITE
OWNER BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION)
ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIAL OR INFORMATION
AVAILABLE ON THIS SITE, EVEN IF SITE OWNER HAS BEEN ADVISED OF SUCH DAMAGES.
(BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO
YOU.)
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H. LINKS TO THIS SITE.
You may establish a hypertext "link" to this
site and/or distribute, modify or re-use the text or graphics of this site
only after obtaining written permission from site owner allowing you to do so.
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I. LINKS TO THIRD PARTY SITES.
This site contains links to sites, which are
controlled by third parties. Those linked sites are not under the control of
site owner and site owner is not responsible for the contents of any linked
site or any link contained in a link site. Site owner is providing those links
to you only as a convenience, and the inclusion of any link does not imply
endorsement by site owner of any linked site. Pursuant to the terms of service
member understands that the act of clicking on a third party link may take you
off FOXYPOSERGROUPS site.
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J. JURISDICTION AND VENUE.
This site is controlled and operated by
FOXYPOSERGROUPS and its representatives from their offices in Los
Angles, CA and Phoenix, AZ,
United States of America. They make no representation that the materials
available on this site are appropriate or available for use in other
locations, and access to them from jurisdictions where their contents are
illegal is prohibited. These provisions of this Terms of Use are to be
governed and construed by the state of Arizona. In the event of a dispute
arising out of or relating to this Terms of Use, or your use of or access to
this site, litigation must be brought in state or federal court in the City of
Phoenix and LA and County of Maricopa and Los Angles.
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K. PRIVACY POLICY.
FOXYPOSER.COM
and its internet partners, (hereafter
collectively referred to as FOXYPOSERGROUPS)
does not collect personally identifiable
information about individuals except when such
individuals specifically provide such
information on a voluntary basis. For example,
such personally identifiable information may
be gathered from a contest or sweepstakes
registration, the registration process for
subscription sites or services and in
connection with content submissions, community
postings (e.g., chat and bulletin boards),
suggestions, voting/polling activities and
transactional areas.
Personally
identifiable information on individual users
will not be sold or otherwise transferred to
unaffiliated third parties without the
approval of the user at the time of
collection. At such points of collection, the
user will have the opportunity to indicate
whether he or she would like to "opt out" of
receiving promotional and/or marketing
information about other products, services and
offerings from FOXYPOSERGROUPS and/or any
third parties. Further, notwithstanding any
opt out of promotional information by the
user, FOXYPOSERGROUPS reserve the right to
contact a subscriber regarding account status,
changes to the subscriber agreement and other
matters relevant to the underlying service
and/or the information collected.
FOXYPOSERGROUPS may disclose user information
in special cases when we have reason to
believe that disclosing this information is
necessary to identify, contact or bring legal
action against someone who may be causing
injury to or interference with (either
intentionally or unintentionally)
FOXYPOSERGROUPS' rights or property, other
FOXYPOSERGROUPS users, or anyone else that
could be harmed by such activities.
FOXYPOSERGROUPS may disclose user information
when we believe in good faith that the law
requires it.
FOXYPOSERGROUPS reserve the right to perform
statistical analyses of user behavior and
characteristics in order to measure interest
in and use of the various areas of the site
and to inform advertisers of such information
as well as the number of users that have been
exposed to or clicked on their advertising
banners. FOXYPOSERGROUPS will provide only
aggregated data from these analyses to third
parties. Also, users should be aware that
FOXYPOSERGROUPS may sometimes permit third
parties to offer subscription and/or
registration-based services through
FOXYPOSERGROUPS site.
FOXYPOSERGROUPS are not
responsible for any actions or policies of
such third parties and users should check the
applicable privacy policy of such party when
providing personally identifiable information.
Additionally, users should be aware that when
they voluntarily disclose personally
identifiable information (e.g., user name,
e-mail address) on the bulletin boards or in
the chat areas of FOXYPOSERGROUPS' sites, that
information, along with any substantive
information disclosed in the user's
communication, can be collected and correlated
and used by third parties and may result in
unsolicited messages from other posters or
third parties. Such activities are beyond the
control of FOXYPOSERGROUPS.
Users
also should be aware that non-personal
information and data may be automatically
collected through the standard operation of
FOXYPOSERGROUPS' internet servers or through
the use of "cookies." Cookies are small text
files a web site can use to recognize repeat
users, facilitate the user's ongoing access to
and use of the site and allow a site to track
usage behavior and compile aggregate data that
will allow content improvements and targeted
advertising. Cookies are not programs that
come onto a user's system and damage files.
Generally, cookies work by assigning a unique
number to the user that has no meaning outside
the assigning site. Users should be aware that
FOXYPOSERGROUPS cannot or does not control the
use of cookies or the resulting information by
advertisers or third parties hosting data for
FOXYPOSERGROUPS. If a user does not want
information collected through the use of
cookies, there is a simple procedure in most
browsers that allows the user to deny or
accept the cookie feature; however, users
should note that cookies may be necessary to
provide the user with certain features (e.g.,
customized delivery of information) available
on FOXYPOSERGROUPS Sites.
Upon
request, FOXYPOSERGROUPS will allow any user
to "opt out" of further promotional contacts
at any time. Additionally upon request,
FOXYPOSERGROUPS will use reasonable efforts to
allow users to update/correct personal
information previously submitted which the
user states is erroneous to the extent such
activities will not compromise privacy or
security interests. Also, upon a user's
request, FOXYPOSERGROUPS will use commercially
reasonable efforts to functionally delete the
user and his or her personal information from
its database; however, it may be impossible to
delete a user's entry without some residual
information because of backups and records of
deletions.
The
foregoing policies are effective as of April.
FOXYPOSERGROUPS reserves the right to change
this policy at any time by notifying users of
the existence of a new privacy statement. This
statement and the policies outlined herein are
not intended to and do not create any
contractual or other legal rights in or on
behalf of any party.
By using
this site, you signify your assent to
FOXYPOSERGROUPS Privacy Policy. If you do not
agree to this policy, please do not use our
sites. Your continued use of the
FOXYPOSERGROUPS sites following the posting of
changes to these terms will mean you accept
those changes.
If you
have questions or concerns regarding this Web
site's privacy statement, you should first
contact
FOXYPOSERGROUPS .
What kind of information do you collect?
When you join the membership portion of our
web site you are asked to provide your identifying information to the billing
company. The only information maintained by the billing company that
FOXYPOSERGROUPS has access to is your name, address, credit card type, IP
address used during signup and the date and type of transaction. When you
participate in special events such as contests and polls, you may be asked to
provide your name, e-mail, username and password, and birth date. When users
request pages from our server, our Web server automatically collects some
information about the users, including their IP addresses. We also collect
information regarding your use of our site through the use of cookies. If you
send us personal correspondence, such as emails or letters, we may collect
such information into a file specific to you. We may maintain a record or
notes of communications with you regarding your account.
Who sees my information?
We do not, and will not, distribute, rent or
sell any personally identifiable information to third parties without your
express consent, other than as necessary to process your credit card
payment.(1)
How do you use my information?
We use you information solely in order to
process your credit card payment, to facilitate your viewing of our web site
and to communicate with you. We also use this information to compile broad
demographic and web site usage information about our users in general that
does not contain anything that could be used to identify you personally. Site
owner uses your e-mail address to send periodic e-mail newsletters and
promotional e-mail to you about services and products offered by us, if such
communication has been requested by you. You will not receive any e-mail from
us unless you have requested it and can indicate at any time that you do not
wish to receive e-mail information from us. We do not provide your e-mail to
third parties without your express consent.
How secure is my information?
Site owner takes reasonable precautions to
maintain the security of any information obtained from and about you. We
provide you with a secure web page through which to submit your billing
information when you join the membership portion of our web site. We maintain
your personally identifiable information in a reasonably secure manner
including storing such information behind firewalls.
I've got more questions – can you help?
Site owner recognizes the importance of
protecting your privacy. If you have any questions about this Privacy
Statement, the practices of this web site or your dealings with this site,
please contact us at FOXYPOSERGROUPS @yahoogroups.com. Please note that persons
under the age of 18 are prohibited from viewing our web site, and site owner
does not collect any personal information from persons under the age of 18.
Please also note that site owner is not responsible for the content or the
privacy polices of web sites to which it may provide links or the websites of
its advertisers.
(1) We will not share your information unless requested via a subpoena, court order, or local, state, federal or
international law enforcement request.
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L. NOTICES.
Notices by site owner to members shall be given by means of electronic
messages or by a general posting on the site. Notices by members to site owner
shall be given by electronic messages unless otherwise specified in the
agreement. All questions, complaints, or notices to site owner by means of
electronic message must be sent to notice FOXYPOSERGROUPS @yahoogroups.com
.
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This
policy statement
is applicable to
FOXYPOSERGROUPS and all its affiliates.
FOXYPOSERGROUPS' policy is to respect and protect
the privacy of our users.
Again, thank you for being a FoxyPoser Group
Member.
A. AGE AND LEGAL ACCESS CERTIFICATION
B. CUSTODIAN OF RECORDS
C. TRADEMARKS
D. COPYRIGHTS
E. LIMITED LICENSE
F. COMMUNICATIONS NOT PRIVATE
G. DISCLAIMER
H. LINKS TO THIS SITE
I. LINKS TO THIRD PARTY SITES
J. JURISDICTION AND VENUE
K. PRIVACY STATEMENT
L. NOTICES
END OF
DOCUMENT
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FOXYPOSER.COM All Rights Reserved
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