LEGAL & COPYRIGHT INFORMATION

LEGAL INFORMATION

All materials, including but not limited to videos & images contained on this website are by NO means intended to be 'Adult Material'. CandyViVa does not produce or distribute any kind of illegal or even questionable materials. No item contains any visual depiction of "lascivious exhibition(s) of the genitals or pubic area", neither real or simulated, clothed or unclothed. All content has been reviewed and found compliant with current international laws in particular with Dutch Law in the Netherlands where this site is hosted; because of the current hysterical witchhunt against beauty appreciation and celebration centered in the youth however, the access and use of this site is under the sole responsibility of the visitor to insure that this site is legal in the country from where he is accessing it as we cannot guarantee compliance with every law or court decision of each & every country worldwide. The materials presented on this website and its downloadable contents are of young girls filmed or photographed in various fashions and locations.

The very limited materials that we carry that show partial or full nudity are strictly the same exact type of materials that you will find in nudist sites like enature.tv or in the many fine art books being widely sold in sites like Amazon.com by acclaimed authors like David Hamilton and Jock Storges. These pieces of artistical expression are protected by the USA First Amendment and are not subject to local obscenity laws or ordinances. They are legal in every city, every state and every county inside the United States as well as in many other countries around the world.

The depiction of adults and children nude in the visual media has enjoyed constitutional protection in the United States since 1958, when the Supreme Court vacated a Court of Appeals finding that Sunshine & Health magazine could be obscene (Sunshine Book Co. v. Summerfield, Postmaster General, 355 U.S. 372). The right to depict adults and children in innocent nude poses has been upheld without a pause for over 49 years. In case after case, the Supreme Court and lower courts have always upheld the constitutionality of "nudity without more," specifically referring to the nudist depiction as a fully constitutional form of expression. These pieces of art are widely sold in all of Asia, Europe, South America, Canada, Australia and Africa. The only exception may be countries where nudity of any kind is banned, i.e.  Iraq, Syria, Iran, etc., For more legal information regarding nudity & nudism please follow this link.

For reference purposes we express that under U.S. Law Code Title 18 § 2256 and most law codes around the world this site is legal based on the following observations:

This site does not have:

Any images of someone under 18 (or who appears to be under 18) engaged in the following acts:
(2)
(A) ''sexually explicit conduct'' means actual or simulated -
(i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;
(ii) bestiality;
(iii) masturbation;
(iv) sadistic or masochistic abuse; or
(v) lascivious exhibition of the genitals or pubic area of any person;

Paragraph 2(v) has been interpreted in various ways by various federal courts and creates a grey area (also known as Dost Factors/Knox Test). For guideance, the following cases/situations have been described in federal case law as constituting a "lascivious exhibition of the genitals or pubic area of any person":
(i) a clothed child in the same room with an adult whose genitals are lasciviously exposed;
(ii) a child alone in which the child is posed on a bed or in a place associated with sexual activity,
(iii) a child whose genitals or pubic area are the focal point of the image,
(iv) a child whose genitals are exposed where the child is inappropriately dressed (for example, wearing adult-like lingerie),
(v) a child who is adjusting his or her clothing so as to expose his/her genitals, and
(vi) a child posed in an "unnatural" pose or in a context which appears intended "to satisfy the cravings of a voyeur".

CandyViVa is NOT a voyeur site. To learn the difference between what is Candid and what is Voyeurism please follow this link.

 

COPYRIGHT INFORMATION

Except for a few of the images (pictures&videos) contained in our site which are of our own property, most of the videos/pictures on this site remain the intellectual property of their respective authors. It goes without saying that any of these authors are completely free to request their materials be removed from our site at any time and within a reasonable amount of time as we have done it in the past. We will always comply. We will only require some proof from these claims so that we know they are legitimate.

Some other images in our site are believed to be public domain given the fact that such materials have been distributed on the web by their respective authors themselves in free bulleting boards, free picture sharing forums and newsgroups. There is absolutely no videos/pictures from other paysites on this video site. If you own the copyrights of an image featured in our site and would like it to have removed just send us and email along with some proof of your creations at candy -at- candyviva dot com .

All other site and design related image, logo, etc., as well as non-image content including (but not limited to) source code, web graphics, text and layout remain the intellectual property of CandyViVa. Distribution or reproduction in part or in whole is prohibited except in cases where written or expressed consent from CandyViVa is given. The CandyViVa concept and all other artistic and literary work is copyrighted. CandyViVa TM in process.

 

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