2257 Compliance Statement

Definitions

Operator

Drakkar Holdings N.V., an international business company organised under the laws of Curaçao.

Service

The drakkarstream.st platform and related technical infrastructure.

User

Any natural or legal person who uploads any visual depiction to the Service.

Depiction

Any "visual depiction of an actual human being engaged in actual sexually explicit conduct" within the meaning of 18 U.S.C. § 2256(2)(A) and 18 U.S.C. § 2257(h)(1).

Producer

Has the meaning given in 28 C.F.R. § 75.1(c), comprising both "primary producers" (those who actually film, videotape, photograph or otherwise create the visual depiction) and "secondary producers" (those who publish, reproduce, reissue, or otherwise insert the visual depiction).

Records

The records required to be created and maintained under 18 U.S.C. § 2257 and 28 C.F.R. § 75, including a copy of the picture identification card, the legal name and any aliases used by the performer, the date of original production, and the URLs at which the depiction has been published.

Conduit-only positioning

The Operator does not:

• Create, produce, manufacture, photograph, film, videotape or digitise any depiction;
• Direct, supervise, hire, manage, schedule or compensate any performer;
• Edit, modify, score, dub, splice, re-cut or otherwise alter the substantive content of any uploaded file;
• Curate, package, market, brand or initially publish any depiction;
• Pre-screen, pre-approve or otherwise review any upload prior to publication.

The Operator's automated technical functions (transcoding into HLS quality ladders, encryption, segment generation, watermarking, thumbnail derivation, geo-restriction, age-gating, embedding) are performed solely to enable the technical delivery of files at the User's direction and do not, individually or together, constitute production, publication or initial communication of any depiction within the meaning of § 2257.

Scope

This Statement applies to all visual depictions of actual sexually explicit conduct (as defined in 18 U.S.C. § 2256) that are uploaded by Users to the drakkarstream.st service on or after the platform's launch date. It does not apply to lawfully exempt categories such as animation, computer-generated imagery without identifiable real performers, or depictions of conduct that does not constitute "actual sexually explicit conduct" within the meaning of § 2256.

Producer responsibility (User)

Under 28 C.F.R. § 75.1(c), each uploading User is the producer (primary or secondary, as the case may be) of every depiction the User uploads, and is solely responsible for full compliance with the requirements of §§ 2257 and 75. Each such User undertakes to:

• Verify the age and identity of every performer who appears in any depiction the User uploads, prior to recording, by examining a government-issued photographic identification document.
• Create and maintain the Records required by §§ 2257 and 75, including: (i) a legible copy of the performer's picture identification card; (ii) the performer's legal name and every alias used in the depiction; (iii) the date of original production; (iv) the URL(s) at which the depiction is published; and (v) any title or stock-number under which the depiction is offered.
• Maintain a § 2257 compliance notice on every web page of the User's own website (where applicable) on which the depiction appears, stating the User's name (or accepted alias), the address at which the Records are kept, and the title of the depiction.
• Promptly produce the Records to the Operator within forty-eight (48) hours of any request, and to law enforcement when required by law.
• Retain the Records for the period required by § 75.4 (currently a minimum of seven years from the last date the depiction was published or sold) and any longer period required by Applicable Law.
• Not delegate to the Operator any part of the User's recordkeeping obligation, except where the User explicitly elects to use the Operator's secure custodian portal as set out below.

User attestation at upload

By uploading any depiction to the Service, the User attests, declares and warrants under penalty of perjury and contractual breach that:

• The User is at least eighteen (18) years of age;
• Every performer depicted in the uploaded material was at least eighteen (18) years of age at the time the depiction was produced;
• The User has, prior to upload, collected, verified and retained the §§ 2257 / 75 Records for every performer appearing in the depiction;
• The User holds all rights, consents, releases and authorisations required for the production, publication and distribution of the depiction in every territory where it may be viewed;
• No depiction the User uploads contains any visual depiction of a minor, in any form (including any depiction that appears to be of a minor, any morphed or AI-generated depiction of a minor, or any "virtual" minor);
• The User will indemnify the Operator in full against any claim, fine, civil penalty, criminal penalty, regulatory action or liability arising from any false, misleading or incomplete attestation under this section.

Age-verification standards

The User must verify each performer's age and identity by examination of a government-issued photographic identification document issued by a competent governmental authority of the performer's country of citizenship or residence, including without limitation a passport, a national identity card, or a state-issued driver's licence. Documents that bear no photograph, that have expired more than one year prior to production, or that are visibly altered, are not acceptable.

The User must also collect, where reasonably available: (i) a written, signed and dated statement from the performer attesting to their date of birth and confirming the use of a stage name or alias (if any); (ii) a model release authorising the production, publication and distribution of the depiction; (iii) any local age-verification documentation required by the law of the country where the depiction was produced.

Operator's records

For each upload within scope, the Operator stores, for evidentiary and audit purposes:

• The producing User's verified Account information (legal name, country of residence, billing address, payout method);
• The User's signed §§ 2257 / 75 attestation made at upload time, including a timestamped acknowledgement of these provisions;
• The upload timestamp, source IP address, device fingerprint and processing logs;
• Any age-verification documentation that the User has voluntarily uploaded directly to the Operator's secure custodian portal;
• The chain of custody of the file, including all transcoding, fingerprinting and storage events.

The Operator does not, by storing any of the foregoing, become a primary or secondary producer of the underlying depiction. Storage is performed solely as part of the Operator's role as a hosting service provider.

Retention period

The Operator retains the records described above for a minimum period of seven (7) years from the last date the corresponding depiction was hosted on the Service, in accordance with 28 C.F.R. § 75.4 and equivalent recordkeeping periods worldwide. Records may be retained for longer periods where required by Applicable Law, by valid legal process, or where reasonably necessary to defend the Operator's rights or to respond to actual or threatened litigation.

Records custodian

For files where the Operator is treated as a producer under § 2257 (e.g., where a User has elected to maintain Records through the Operator's secure custodian portal, or where the Operator otherwise determines, in its sole discretion, that custodian status applies), the custodian is:

Custodian

Drakkar Holdings N.V. — § 2257 Records Custodian

Email

[email protected]

Address

Schottegatweg Oost 10, Willemstad, Curaçao — produced upon written request from law enforcement under valid legal process

Hours

Monday–Friday, 09:00–17:00 local time

Verification

Inspection requests must be presented under appropriate legal process and may be subject to identity-verification of the requesting officer

Where the Operator is not the producer (which is the default position for almost all uploaded depictions), no custodian designation under § 2257(e) applies; the records custodian is the producing User as identified at upload.

Inspection cooperation

The Operator cooperates fully and promptly with verified law-enforcement inspections of any Records the Operator is required to maintain, in accordance with Applicable Law and valid legal process. The Operator may, where lawfully permitted, notify the affected User of an inspection request before producing Records, to enable the User to seek a protective order. The Operator does not waive any objection to extra-territorial inspection process not validly served in Curaçao.

Safe-harbor & exemption

The Operator acts solely as a hosting and distribution platform for user-uploaded content. To the extent any depiction qualifies for the exemption set out in 18 U.S.C. § 2257(h)(2)(B)(v) — that is, content that is the result solely of activities by the Operator in its capacity as a transmitter, retransmitter, or storage provider of communications, and where the Operator has no part in producing, manufacturing, publishing, duplicating, reproducing, or reissuing the depiction — the Operator relies on that exemption.

The Operator further relies, where applicable, on the exemption in 28 C.F.R. § 75.1(c)(4) (excluding from the definition of "producer" certain online activities by "providers of an interactive computer service" within the meaning of 47 U.S.C. § 230(f)(2)).

International equivalents

The Operator's positioning under § 2257 is mirrored, where applicable, under analogous regimes in other jurisdictions:

European Union

Article 28b of Directive (EU) 2018/1808 (revised AVMSD) and national implementations regarding the protection of minors from age-inappropriate content.

United Kingdom

The Online Safety Act 2023 and BBFC age-verification requirements; Audiovisual Media Services Regulations 2020.

Germany

Jugendmedienschutz-Staatsvertrag (JMStV) and Jugendschutzgesetz (JuSchG) age-verification requirements.

France

Décret n° 2021-1306 and ARCOM age-verification regime.

Australia

Online Safety Act 2021 and eSafety Commissioner industry codes.

Other jurisdictions

The Operator monitors equivalent regimes worldwide and updates this Statement as necessary. Operator's role remains, in each case, that of a neutral hosting / transmission service provider.

Zero tolerance & enforcement

The Operator deploys automated content-safety tooling at the encoder layer, including industry-standard hash-matching against NCMEC and IWF reference databases, to prevent re-upload of known illegal material. The Operator also reviews credible reports of underage material on a 24/7 basis. Reports may be sent to [email protected] with the subject line URGENT — CHILD SAFETY.

False or fraudulent attestations under this Statement constitute (i) a material breach of these policies entitling the Operator to terminate the Account, forfeit balances and seek full indemnity, and (ii) potential criminal exposure under federal and equivalent national law. The Operator cooperates fully with law-enforcement investigations of such conduct.

Contact

For questions about § 2257 compliance, to submit Records-inspection requests, or to clarify the User's recordkeeping obligations, contact [email protected] or visit the contact page. Inspection requests should be presented under valid legal process and addressed to the records custodian at the address set out in the Records custodian section above.