18 U.S.C. § 2257 Record-Keeping Requirements Compliance Statement

This statement is made in compliance with the record-keeping requirements of 18 U.S.C. § 2257 and 28 C.F.R. Part 75.

1. Platform Role and Exemption

TextMe (“the Platform”) is a software-as-a-service (SaaS) technology platform that provides tools for digital content creators to manage fan communications and distribute digital content. TextMe operates as a technology intermediary and does not produce, film, photograph, or create any of the visual content distributed through the Platform.

Under 18 U.S.C. § 2257(h)(2)(B)(v), the record-keeping requirements of § 2257(a)–(c) do not apply to entities whose activities are limited to the “transmission, storage, retrieval, hosting, formatting, or translation (or any combination thereof)” of communications, without selection or alteration of the content of the communication.

TextMe’s role is limited to:

• Hosting and storing content uploaded by independent Creators
• Transmitting content between Creators and Buyers via the Platform
• Formatting and displaying content within the Platform’s user interface
• Processing payments for content transactions between Creators and Buyers

TextMe does not select, curate, edit, modify, direct, produce, or exercise editorial control over the content uploaded by Creators. As such, TextMe asserts the hosting/transmission exemption under 18 U.S.C. § 2257(h)(2)(B)(v).

2. Creator Responsibilities (Primary Producers)

All content creators who upload, distribute, or sell visual depictions of actual or simulated sexually explicit conduct through the Platform are considered primary producers under 18 U.S.C. § 2257 and are solely responsible for compliance with all applicable record-keeping requirements, including but not limited to:

• Age Verification: Verifying the identity and age of every performer depicted in sexually explicit content by examining a valid government-issued photo identification document (e.g., passport, driver’s license, national ID card) prior to the production of any such content.
• Record Maintenance: Creating and maintaining individually identifiable records for every performer, including:
  • The performer’s legal name
  • Date of birth
  • All aliases, stage names, maiden names, or other names used
  • A copy of the identification document used for verification
  • The date(s) of production
  • The title or identifying information of the content
• Record Availability: Records must be organized and indexed by performer name and made available for inspection at the Creator’s business premises at all reasonable times.
• Record Retention: Records must be retained for a minimum of seven (7) years from the date of production, or five (5) years after the Creator ceases producing such content, whichever is later.
• Compliance Statement: Creators must be prepared to provide a § 2257 compliance statement identifying the custodian of records and the physical address where records are maintained, upon request.

3. Platform Certification Requirement

As a condition of using the TextMe platform to upload, distribute, or sell content containing visual depictions of actual or simulated sexually explicit conduct, all Creators must certify and represent that:

• All individuals depicted in such content were at least eighteen (18) years of age at the time of creation.
• The Creator has verified the age and identity of all performers through examination of valid government-issued photo identification.
• The Creator maintains complete and accurate records as required by 18 U.S.C. § 2257 and 28 C.F.R. Part 75.
• All performers depicted in the content provided explicit, informed consent to appear in the content and for the content to be distributed commercially through the Platform.
• The Creator is the primary producer of the content, or has obtained a valid certification from the primary producer in compliance with 28 C.F.R. § 75.6.

By uploading content to the Platform, Creators affirmatively certify compliance with all of the above requirements. False certification constitutes a material breach of the Terms of Service and may result in immediate account termination, forfeiture of earnings, and referral to law enforcement.

4. Custodian of Records

Records required pursuant to 18 U.S.C. § 2257 for content uploaded to the TextMe platform are maintained by the individual content creators who are the primary producers of such content. Each Creator serves as their own custodian of records (or designates a custodian) at their respective business addresses.

TextMe does not serve as the custodian of records for Creator-produced content, as TextMe is not the producer of such content.

For any platform-produced content (e.g., promotional or marketing materials produced by TextMe itself), the custodian of records is:

5. Performer Age Statement

All visual depictions of actual or simulated sexually explicit conduct appearing on or accessible through the TextMe platform were produced by independent content creators who have certified that all performers depicted therein were at least eighteen (18) years of age at the time of the creation of such depictions.

6. Content Moderation and Enforcement

While TextMe does not produce content and is not subject to § 2257 record-keeping requirements as a host/transmitter, we take the following proactive measures to ensure compliance across the Platform:

• Creator Verification: We require identity verification for all Creators before they may upload or sell content.
• Certification at Upload: Creators certify § 2257 compliance each time they upload content containing sexually explicit material.
• CSAM Detection: We employ measures to detect and prevent the distribution of child sexual abuse material (CSAM). Any suspected CSAM is immediately removed and reported to the National Center for Missing & Exploited Children (NCMEC) via the CyberTipline.
• Audit and Compliance: We reserve the right to request proof of § 2257 compliance from any Creator at any time. Failure to provide such proof within a reasonable timeframe will result in content removal and potential account termination.
• Zero-Tolerance Policy: Any content involving individuals under 18, or any Creator found to have falsified age verification records, will be immediately and permanently banned from the Platform, all associated content will be removed, and the matter will be referred to federal law enforcement.

7. Penalties for Non-Compliance

Failure to comply with 18 U.S.C. § 2257 may result in:

• First offense: Up to five (5) years of federal imprisonment
• Subsequent offenses: Up to ten (10) years of federal imprisonment
• Civil fines and penalties
• Forfeiture of materials produced in violation

Creators are strongly advised to consult with legal counsel to ensure full compliance with all applicable laws.

8. Definitions

For the purposes of this statement, the following definitions apply as set forth in 18 U.S.C. § 2256:

• “Sexually explicit conduct” means actual or simulated sexual intercourse (genital-genital, oral-genital, anal-genital, or oral-anal), bestiality, masturbation, sadistic or masochistic abuse, or lascivious exhibition of the anus, genitals, or pubic area of any person.
• “Producer” means any person who actually films, videotapes, photographs, or creates a digital image of an actual human being, or who digitally creates a visual depiction of sexually explicit conduct.
• “Visual depiction” means any photograph, film, video, digital image, or picture, whether made or produced by electronic, mechanical, or other means.

9. Contact

For questions regarding this § 2257 compliance statement or to report suspected violations, please contact us through the Platform support channels.