Terms and conditions

1. ACCEPTANCE

By using and/or visiting the KikSext website (collectively, including but not limited to all Content, Uploads and User Submissions available through KikSext, "KikSext", the website) you agree to the terms and conditions contained herin and the terms and conditions of KikSext's privacy policy incorporated herin, and all future amendments and modifications (collectively referred to as the "Agreement"). By entering, you agree to be bound by these terms and conditions. If you do not agree to be bound the terms and conditions contained herein, then do not use KikSext.

The terms and conditions of this Agreement are subject to change by KikSext at any time in its sole discretion and you agree be bound by all modifications, changes and/or revisions. If you do not accept to be bound by any and all modifications, changes and/or revisions of this agreement, you many not use KikSext.

The terms and conditions contained herein apply to all users ofKikSext whether a 'visitor' or a 'member' and you are only authorized to use KikSext if you agree to abide by all applicable laws and be legally bound by the terms and conditions of this Agreement.

2. DESCRIPTION

The KikSext website allows for uploading, sharing and general viewing various types of content allowing registered users to share and view profiles. In addition, KikSext contains picture content, information and other materials posted/uploaded by users. KikSext allows its users to view the Content and Website subject to the terms and conditions of this Agreement.

The KikSext website may also contain certain links to third party websites which are in no way owned or controlled by KikSext. KikSext assumes no responsibility for the content, privacy policies, practices of any and all third party websites. KikSext cannot censor or edit the content of third party sites. You acknowledge that KikSext will not be liable for any and all liability arising for your use of any third-party website.

KikSext is for your personal use and shall not be used for any commercial endeavor except those specifically endorsed or approved by KikSext. Any illegal and/or unauthorized use ofKikSext is prohibited including but not limited to collecting usernames and e-mail addresses for sending unsolicited emails or unauthorized framing or linking to the KikSext website is prohibited.

3. ACCESS

In order to use this website, you affirm that you are at least 18 year of age and/or over the age of majority in the jurisdiction you reside and from which you access the website where the age of majority is greater than 18 years of age. If you are under the age of 18 and/or under the age of majority in the jurisdiction you reside and from which you access the website, then you are not permitted to use the website.

4. CONDUCT

You acknowledge and agree that you shall be responsible for your own user submissions and the consequences of posting, uploading, publishing transmitting or other making them available onKikSext. You agree that you shall not (nor others using your account) post, upload, publish, transmit or make available in any way on KikSext content which is illegal, unlawful, harassing, harmful, threatening, tortuous, abusive, defamatory, obscene, libelous, invasive of one's privacy including but not limited to personal information, hateful, racial. You also agree that you shall not post, upload, publish, transmit or make available in any way on KikSext software containing viruses or any other computer code, files, or programs designed to destroy, interrupt, limit the functionality of, or monitor, or persistently reside in or on any computer software or hardware or telecommunications equipment. You agree that you shall not (nor others using your account) post, upload, publish, transmit or make available in any way on KikSext content which is intentionally or unintentionally violating any applicable local, state, national, or international law, or any regulations or laws having the force of law where you reside and elsewhere, including but not limited to any laws or regulations relating to securities, privacy, and export control; engage in, promote, You agree that you shall not (nor others using your account) post, upload, publish, transmit or make available in any way on KikSext content depicting illegal activities, promote or depict physical harm or injury against any group or individual, or promote or depict any act of cruelty to animals; You agree not to use KikSext in any way that exposes KikSext to criminal or civil liability.

You agree that KikSext shall have the right to determine in its sole and unfettered discretion, what action shall be taken in the event of any discovered or reported violation of the terms and conditions contained herein.

5. INTELLECTUAL PROPERTY

The Content contained on the KikSext with the exception of User Submissions including but not limited to the text, graphics, photos, interactive features and trademarks, service marks and logos contained therein, are owned by and/or licensed to KikSext, subject to copyright and other intellectual property rights under United States, Canada and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. KikSext reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, and/or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to disable, circumvent, or otherwise interfere with security related features of theKikSext or features that prevent or restrict use or copying of any Content or enforce limitations on use of the KikSext Website or the Content therein.

6. USER SUBMISSIONS

KikSext permits the submission of a profile with pictures, sharing and publishing of such user submissions. You understand that whether or not such User Submissions are published and/or uploaded,KikSext does not guarantee any confidentiality with respect to any submissions.

You shall be solely responsible for any and all of your own User Submissions and the consequences of posting, uploading and publishing them. Furthermore, with User Submissions, you affirm, represent and/or warrant that:
1.you own or retain the necessary licenses, rights, consents, and permissions to use and authorizeKikSext to use all trademarks, copyrights, trade secrets, patents, or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and
2.you will not post, or allow anyone else to post, any material that depicts any person under the age of 18 years and you have inspected and are maintaining written documentation sufficient to confirm that all subjects of your submissions are, in fact, over the age of 18 years.
3.you will not post any content that isn't yours, including pictures. YOU ARE NOT ALLOWED TO POST SOMEONE ELSE'S PICTURES, EVEN IF YOU HAVE THEIR CONSENT.

For clarity, you retain all of your ownership rights in your User Submissions. By submitting the User Submissions to KikSext, you hereby grant KikSext a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the KikSext Website and KikSext's (and its successor's) business, including without limitation for promoting and redistributing part or all of the KikSext Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the KikSext Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the KikSext Website.

In submitting material (pictures or other communication), you further agree that you shall not:
1.submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant KikSext all of the license rights granted herein;
2.publish falsehoods or misrepresentations that could damage KikSext or any third party;
3.submit material that is obscene, illegal, unlawful, , defamatory, libelous, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
4.post advertisements or solicitations of business;
5.Impersonate another person. KikSext does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and KikSext expressly disclaims any and all liability in connection with User Submissions. KikSext does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and KikSext will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. KikSext reserves the right to remove Content and User Submissions without prior notice or delay. KikSext will also terminate a User's access to its Website, if they are determined to be an infringer. While pornographic and adult content are accepted, KikSext also reserves the right to decide in its sole and unfettered discretion, whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, obscene or defamatory material, or excessive length. KikSext may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

You understand and acknowledge that when using KikSext, you will be exposed to User Submissions from a variety of sources, and that KikSext is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against KikSext with respect thereto, and agree to indemnify and hold KikSext, its Owners, affiliates, operators, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the website.

You agree that KikSext may at its sole discretion have the right to refuse to publish, remove, or block access to any User Submission that is available via the Website or other KikSext network or services at any time, for any reason, or for no reason at all, with or without notice.

KikSext provides its website as a service to its users. However, KikSext assumes no responsibility whatsoever for monitoring the KikSext Services for inappropriate content or conduct. If at any time KikSext chooses, in its sole discretion, to monitor the KikSext Services, however, KikSext assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the User submitting any such content. KikSext may review and delete any User Submissions that, in its sole judgment, violates this Agreement or may be otherwise offensive or illegal, or violate the rights, harm, or threaten the safety of any User or person not associated with the Website (collectively "Inappropriate User Submissions"). You are solely responsible for the User Submissions that you make visible on the Website or to any third-party website via an embedded plugin provided by the Website or any other material or information that you transmit or share with other Users or unrelated third-parties via the Website.

You further understand, acknowledge, agree and specifically authorize KikSext to use, reuse, post, publish or upload any User Submissions on any other website owned or controlled by KikSext or on any website with whom KikSext has an agreement with respect to User Submissions content or sponsor uploaded picture. KikSext reserves the right to determine as its discretion on what basis would a User submissions or an uploaded picture might be shared with other websites (rating, number of views, user reviews, etc.).

7. ACCOUNT TERMINATION POLICY

1.a User's access to KikSext will be terminated if, under appropriate conditions, the User is determined to infringe repeatedly.
2.KikSext reserves the right to decide whether Content or if a User's Submission is appropriate and complies with these Terms and Conditions in regards to violations other than copyright infringement or privacy law, such as, but not limited to, hate crimes, pornography, obscene or defamatory material, or excessive length. KikSext may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms and Conditions at any time, without prior notice and at its sole discretion.

8. POLICY

KikSext abides by a ZERO TOLERANCE policy relating to any illegal content. Child Pornography, bestiality, rape, torture, snuff, death and/or any other type of obscene and/or illegal material shall not be tolerated by KikSext. KikSext shall not condone child pornography and will cooperate with all governmental agencies that seek those who produce child pornography.

9. FEES

We offer free and paid services.
You acknowledge that KikSext reserves the right to charge for KikSext services and to change its fees from time to time in its discretion.

10. WARRANTIES

You represent and warrant that all of the information provided by you to KikSext to participate in the KikSext website is accurate and current and you have all necessary right, power, and authority to enter into this Agreement and to perform the acts required of you hereunder.

As a condition to using the KikSext, you must agree to the terms of KikSext's privacy policy and its modifications. You acknowledge and agree that the technical processing and transmission of the Website, including your User Submissions, may involve transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices. You further acknowledge and agree that other data collected and maintained by KikSext with regard to its users may be disclosed in accordance with the KikSext Privacy Policy.

11. WARRANTY DISCLAIMER

YOU AGREE THAT YOUR USE OF THE KikSext WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, KikSext, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. KikSext MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY

1.ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
2.PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
3.ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
4.ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
5.ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE KikSext WEBSITE. KikSext DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE KikSext WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND KikSext WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT KikSext SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

12. LIMITATION OF LIABILITY

IN NO EVENT SHALL KikSext, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY

1.ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
2.PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
3.ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
4.ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE,
5.ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
6.ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE KikSext WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT KikSext SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

13. INDEMNITY

You agree to defend, indemnify and hold harmless KikSext, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

1.your use of and access to the KikSext Website;
2.your violation of any term of these Terms of Service;
3.your violation of any third party right, including without limitation any copyright, property, or privacy right; or
4.Any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the KikSext Website.

You affirm that you are either more than 18 years of age or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms and Conditions contained herein.

14. ASSIGNMENT

The Terms and Conditions contained herein and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by KikSext without restriction.

If any term, clause or provision of the agreement is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.

15. JURISDICTION

This Agreement shall be governed by and construed in accordance with the laws of Singapore, without regard to conflicts of law principles. The sole and exclusive jurisdiction and venue for any action or proceeding arising out of or related to this Agreement shall be in an appropriate court located in Singapore. You hereby submit to the jurisdiction and venue of said Courts. You consent to service of process in any legal proceeding.

Privacy Policy

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
We will only retain personal information as long as necessary for the fulfillment of those purposes.
We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
We will make readily available to customers information about our policies and practices relating to the management of personal information.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Delete your information

Our Services give you the ability to delete certain information about you from within the Service. For example, you can remove content that contains information about your username, and you can delete your whole account in the account settings. Please note, however, that we may need to retain certain information for record keeping purposes, to complete transactions or to comply with our legal obligations.

Sales Policy

Subscription

In order to access additional features and services, you must become a subscriber to the service.

Depending on the subscription plan you select, you will be entitled to different limits.

By subscribing to any of our plans, you accept our pricing as well as the limits of the subscription. An auto-renewal of the Service is automatically activated upon purchase.

Cancellation and Refund policy

You can cancel your subscription anytime in the Billing section of your Dashboard by cancelling the auto-renewal option. By cancelling the auto-renewal option, your subscription will remain active until the end of the current pre-paid period and then expires automatically.

If you do not wish to continue using the Service, please cancel the auto-renewal option before the end of the billing period.

All sales are final. No refunds are permitted except with respect to any statutory warranties or guaranties that cannot be excluded or limited by law.

General Rules

If offered, a free trial is only valid once.
Your purchase can’t be shared, exchanged or resold to someone else.
You can't promote an username that try to sell and/or solicit a service.
If you are promoting an username that doesn't respect our terms, it WILL be removed without any warning and refund.

Failure to comply with thoses terms will result in the automatic deactivation of the Promotion in question. We reserve the right to remove any Promotions, without advance notice for any reason without restitution, as KikSext sees fit.

KikSext respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, you may contact us contact us.. Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages, including costs and attorneys’ fees, incurred by KikSext or the alleged infringer as the result of KikSext’s relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

18 U.S.C.A. § 2257 Statement:

With respect to 18 U.S.C.A. § 2257 for any content found on our website , please kindly direct your request to the site for which the content was produced. KikSext, is not a producer (primary or secondary) of any of the content found on this website.

KikSext is an entertainment site in which allows for the directing to other sites and general viewing of certain types of adult content.

KikSext abides by the following procedures to ensure compliance:

Requiring all users to be 18 years of age or the applicable age of majority in each relevant jurisdiction.

KikSext allows content to be flagged as inappropriate. Should any content be flagged as illegal, unlawful, harassing, harmful, offensive or various other reasons, KikSext, shall remove it from the site without delay.

18 U.S.C.A. § 2257. Record Keeping Requirements

Whoever produces any book, magazine, periodical, film, videotape, digital image, digitally- or computer-manipulated image of an actual human being, picture, or other matter which:
- contains one or more visual depictions made after November 1, 1990 of actual sexually explicit conduct; and
- 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.

Any person to whom subsection (a) applies shall, with respect to every performer portrayed in a visual depiction of actual sexually explicit conduct:
- 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;
- 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
- 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.
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.
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.
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 chapter or chapter 71, or for a violation of any applicable provision of law with respect to the furnishing of false information.
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. In this paragraph, the term “copy” includes every page of a website on which matter described in subsection (a) appears.
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–
- 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;
- (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 determine the accuracy of the contents of the statement or the records required to be kept; and

(5) for any person to whom subsection (a) applies to refuse to permit the Attorney General or his or her designee to conduct an inspection under subsection (c).

(g) The Attorney General shall issue appropriate regulations to carry out this section.
(h) In this section–
- the term “actual sexually explicit conduct” means actual but not simulated conduct as defined in clauses (i) through (v) of section 2256(2)(A) of this title;
- the term “produces”–
  - means–
    - actually filming, videotaping, photographing, creating a picture, digital image, or digitally- or computer-manipulated image of an actual human being;
    - digitizing an image, of a visual depiction of sexually explicit conduct; or, assembling, manufacturing, publishing, duplicating, reproducing, or reissuing a book, magazine, periodical, film, videotape, digital image, or picture, or other matter intended for commercial distribution, that contains a visual depiction of sexually explicit conduct; or
    - inserting on a computer site or service a digital image of, or otherwise managing the sexually explicit content,1 of a computer site or service that contains a visual depiction of, sexually explicit conduct; and
  - (B) does not include activities that are limited to–
    - photo or film processing, including digitization of previously existing visual depictions, as part of a commercial enterprise, with no other commercial interest in the sexually explicit material, printing, and video duplication;
    - distribution;
    - any activity, other than those activities identified in subparagraph (A), that does not involve the hiring, contracting for, managing, or otherwise arranging for the participation of the depicted performers;
    - the provision of a telecommunications service, or of an Internet access service or Internet information location tool (as those terms are defined in section 231 of the Communications Act of 1934 (47 U.S.C. 231)); or
    - the transmission, storage, retrieval, hosting, formatting, or translation (or any combination thereof) of a communication, without selection or alteration of the content of the communication, except that deletion of a particular communication or material made by another person in a manner consistent with section 230(c) of the Communications Act of 1934 (47 U.S.C. 230(c)) shall not constitute such selection or alteration of the content of the communication; and
  - the term “performer” includes any person portrayed in a visual depiction engaging in, or assisting another person to engage in, sexually explicit conduct.
- Whoever violates this section shall be imprisoned for not more than 5 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 10 years but not less than 2 years, and fined in accordance with the provisions of this title, or both.