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Thread: Sexy Creativity

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    Featured Member DiamondCupcakes's Avatar
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    Default Sexy Creativity

    Anyone get an email from their site as well? It is suppose to be like c4s for vanilla content I suppose. Not a huge of their terms though. Charge backs fall 100% on us and they can keep our content up for up to 24 months =/ Hmmm...
    Here is the site
    http://sexycreativity.com/main/

    and the email
    New Marketplace Opening
    I’m Jesse from SexyCreativity, a marketplace for photos and videos. Just wanted to drop you a note to let you know we are now accepting signups for content providers. All people that sign up to sell their content receive an eighty percent commission of each sale! This is the best rate in the industry. You are even able to sell photos and videos that you are selling on other sites.

  2. #2
    Veteran Member twistedprincess's Avatar
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    Default Re: Sexy Creativity

    With those chargebacks and keeping our content for 24 months, I wouldn't touch them with a 10 foot pole and someone else's dick.

    In the TOS:

    2.4. Media content and credits purchased for use on SC are non-refundable. If a refund is made, You will be responsible for all fees, chargebacks, financial liabilities and related fees including a fifty ($50.00) US dollar processing fee to cover the costs associated with processing the refund.
    so if you get a chargeback you also get a $50 fee

    3.4. SC will not be subject to confidentiality, excluding personal financial and billing information, regarding any information You submit to or share with SC. SC will also not be obligated to delete any such information.

    they can also hand out our REAL name all they want according to this since it isn't financial information

    3.7. As a Studio when You upload media content to SC you hereby grant to SC an exclusive, royalty-free, transferable, irrevocable, worldwide license, with rights to sublicense through multiple tiers of sublicensees, to practice such non-assignable rights, title and interest. To the extent any of the rights, title and interest in and to the media content can neither be assigned nor licensed by Studios to SC, Studios hereby irrevocably waive and agree never to assert such non-assignable and non-licensable rights, title and interest against SC or any of SC’s successors in interest. You also agree to not license or permit use of media content uploaded to SC to any third parties who operate similar and competing services now or in the future. Any media content that you upload to SC may not be removed from SC until it has been accessible for download or purchase on the SC Website for twenty four (24) months.

    This clause is worded to mean that you cannot use any other clip site as you give sc EXCLUSIVE rights to the content.

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    Veteran Member Fallenangel2904's Avatar
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    Default Re: Sexy Creativity

    I just got this email also and was just coming here to see if anyone else had heard anything on them. Yikes their TOS suck. No thanks!
    For the love of nipples!


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    Featured Member DiamondCupcakes's Avatar
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    Default Re: Sexy Creativity

    Its a horrible TOS. Cant believe they're trying to get away with this. Maybe if they cleaned it up, I wold consider using the site. All of the vids on the site look professional as well. Like they were sold to the site by a company. Anyone else notice that? No amateur vids as far as I could see

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    Veteran Member Mistress Anika's Avatar
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    Default Re: Sexy Creativity

    Holy shit! Are they banking on people not reading the TOS before signing up. Not just do you give them exclusive right, you give any company that takes over SC at anytime, from now until the destruction of the universe (or 24months)

    Dont forget the non-compete line "You also agree to not license or permit use of media content uploaded to SC to any third parties who operate similar and competing services now or in the future."


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    Veteran Member Sabihah's Avatar
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    Default Re: Sexy Creativity

    Quote Originally Posted by twistedprincess View Post
    I wouldn't touch them with a 10 foot pole and someone else's dick.
    HA. Love it. And I totally agree.

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    Featured Member maryjaynexo's Avatar
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    Default Re: Sexy Creativity

    Thanks for posting; noticed they emailed me so I was wondering about this.




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    Veteran Member twistedprincess's Avatar
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    Default Re: Sexy Creativity

    My guess is they're hoping no one reads the TOS, so they can fine the shit out of you if you dispute it. There are several "Unauthorized Use" fines listed in the TOS anywhere up to $500 + fees.

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    Featured Member MissSassyPickles's Avatar
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    Default Re: Sexy Creativity

    I saw someone with that same name post here, I think they are the same company/person
    Quote Originally Posted by qurl View Post
    You are sassy AND smart Miss Pickles.

    "Well behaved women seldom make history." - Laurel Thatcher Ulrich

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    God/dess laurielegs's Avatar
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    Default Re: Sexy Creativity

    I think the chargeback fee does not apply to us. It's referring to the purchaser.

    I got an email from them that specifically states that I can sell vids I sell elsewhere. I'm going to email them back with all these concerns.

    It's disappointing because I really want more places to sell. They'd have to fix their TOS first.


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  14. #11
    Veteran Member twistedprincess's Avatar
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    Default Re: Sexy Creativity

    Quote Originally Posted by laurielegs View Post
    I think the chargeback fee does not apply to us. It's referring to the purchaser.

    I got an email from them that specifically states that I can sell vids I sell elsewhere. I'm going to email them back with all these concerns.

    It's disappointing because I really want more places to sell. They'd have to fix their TOS first.
    The $50 fee is the in studio owners section of the TOS and not the customer section.

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    Member astridorbital's Avatar
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    Default Re: Sexy Creativity

    Wow their ToS is so bad that if I get an email from them it would be hard for me not to respond harshly. ._.
    The only daddy issues I have are being confused by how many customers want me to call them 'daddy'.

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    Senior Member KillKeely's Avatar
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    Default Re: Sexy Creativity

    wow wow wow! noooo. it's bad enough when you lose the money from a chargeback but a $50 fee too?! you gotta be kidding me.
    I'll be sticking to c4s. 80% payout is not worth that hassle/bs by any means.

    it sucks though too cause i'm always looking for new sites to sell content. passive income ftw

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  19. #14
    Featured Member MissSassyPickles's Avatar
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    Default Re: Sexy Creativity

    Yep they are on the forum, owner's name is Jesse. You should comment on that thread so they can answer these questions publicly

    https://www.stripperweb.com/forum/sh...323-Hey-Girls-)
    Quote Originally Posted by qurl View Post
    You are sassy AND smart Miss Pickles.

    "Well behaved women seldom make history." - Laurel Thatcher Ulrich

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  21. #15
    God/dess TheBrownFox's Avatar
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    Default Re: Sexy Creativity

    Do they pay via PayPal too? LOL.
    My referral link for models to join the Boleyn Models daily pay program
    https://cammodelpay.com/ref?page=&campaign=&affToken=NDcx

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  23. #16
    Featured Member DiamondCupcakes's Avatar
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    Default Re: Sexy Creativity

    lol good one TheBrownFox
    I saw that too. They advertise "Sell your clips from other sites on our site!" Seems like they trapping you into posting them on their site and gaining exclusive rights AFTER you post them. I of course am assuming this but why else would they encourage you to post your clips you have posted from other sites then put in their TOS that its against the rules =/ Doesn't make much sense....

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    Default Re: Sexy Creativity

    Honestly, I can spot shady people from a mile away. Even if the TOS changed again, I would never in a million years sign up because it just shows that he thought he could pull one over on ~*dumb sexworkers*~ by not mentioning important information anywhere except the TOS that most people never look at. An honest company would be upfront about it and make it clear.

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    Featured Member DiamondCupcakes's Avatar
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    Default Re: Sexy Creativity

    I agree. Don't see this site going anywhere

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    Default Re: Sexy Creativity

    ^^^ Its always the shady ones that fail. Sexworkers aren't dumb, so lol @ companies who believe false stereotypes.

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    Veteran Member twistedprincess's Avatar
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    Default Re: Sexy Creativity

    He replied in the thread:

    Quote Originally Posted by SexyCreativity View Post
    Hey everyone,

    Thank you for bringing these concerns to our attention. We want to make the best adult content sales site and profit with studios/models, not from taking advantage of them. I wanted to clear up some things regarding our Terms of Service. The terms drafted by our legal counsel, upon further review, did not accurately reflect the intentions or goals for the site. I took your feedback to our team, reviewed it with our legal counsel, and we have updated the Terms of Service!

    It is our intention to provide a great platform for selling adult content that is open, fair, and profitable for studios and models. Below are the changes we have made thanks to your help.

    1) The $50 chargeback fee applies to people buying content; this is to protect studios from chargebacks/fees and only applies to purchasing content.

    2) I apologize for the confusion regarding exclusive rights to your content. This was not our original vision for the site. In response the exclusivity rights have been removed. We fully allow and want you to sell your content anywhere possible.

    3) The right to sell the content for 24 months has been changed to 90 days. We feel this is fair as we invest time and money into setting up and marketing studios and products.

    4) We would never want to disclose information about studios/models that could compromise them in any way. We have had confidentiality protection extended to your names as well to protect your privacy.

    5) “Unauthorized use fees of up to $500” has been removed. Our TOS maintain the liquidated damages for protection of studios, models, and ourselves in the case of users violating the terms of service.

    Again, thank you for the feedback, it is much appreciated. We are a new site dedicated to building the best platform for you to sell your content. We value and welcome continued feedback and appreciate the help in ensuring we are on the right path. If anyone would like to talk to me personally you can PM me on here, email me: [email protected] or find me on Skype as Jesse.SexyCreativity.

    Regards,

    Jesse

    SexyCreativity.com
    However I still really do not like the TOS even with the new wording. Yep, still not touching this site, probably never will. I don't like even 90 days. It's not "fair" for you to own girls content even after we no longer want it up. Find me another MAJOR clip site with a term like that in the contract. It's all hi! I'm opening a store. Oh wait, you changed something on the site I don't like? Okay, I'm closing my store. Wait, you're still selling my videos AND keeping all the profit from them? I don't think so. Plus you're still giving them the rights to transfer their IRREVOCABLE license to anyone they want.

    Also found this clause: 3.15. SC takes the conduct of Studios seriously. Any Studio found to be in violation of these Terms of Service will have their account terminated at SexyCreativity.com’s sole discretion and all commissions earned will be permanently repatriated by SC.

    3.4. SC will not be subject to confidentiality, excluding Your name, personal financial and billing information, regarding any information You submit to or share with SC. SC will also not be obligated to delete any such information. In the case that SC receives a DMCA notice, by request of federal or state law enforcement, or by court order SC may share information about Your name to comply with such requests.

    Skeezy.

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    Default Re: Sexy Creativity

    The fact that unfair things already once existed in the TOS will never sway me. Companies that are shady like that (if only just at first) ALWAYS fail soon after, and always without warning (because they're shady of course so why would they let you know? lol)

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    Featured Member DiamondCupcakes's Avatar
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    Default Re: Sexy Creativity

    3.15 SC is just crazy stupid.

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    Veteran Member Sabihah's Avatar
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    Default Re: Sexy Creativity

    Quote Originally Posted by twistedprincess View Post
    3.4. SC will not be subject to confidentiality, excluding Your name, personal financial and billing information, regarding any information You submit to or share with SC. SC will also not be obligated to delete any such information. In the case that SC receives a DMCA notice, by request of federal or state law enforcement, or by court order SC may share information about Your name to comply with such requests.
    I agree with your other points - I don't think my commissions should be "repatriated" to a marketplace site under any circumstances, and I absolutely hate the 90-day clause (if they want to make such an agreement with content providers on an individual basis in return for a higher commission and/or better exposure, fine) - but it's true that there may be cases where the parent site is actually *legally obligated* to provide a content provider's name to government authorities. I'm not an expert on DMCA notices, but it's very plausible that sites are legally obligated to disclose that information so that alleged copyright violations can proceed to court.

  32. #24
    Veteran Member twistedprincess's Avatar
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    Default Re: Sexy Creativity

    My concern is that ANYONE can send a DCMA and request information that you are not legally obligated to provide them. The wording in this clause is shoddy at best. Can't these companies hire a freaking lawyer to write their damn TOS? I mean, you're making a site you want to be major. Pay a lawyer to help you write it who specializes in adult industry and then you don't have us camgirls sitting around picking apart the TOS going wtf bro? Yes, there are instances where they are legally required to give it, however this is not with every DCMA request as the TOS could be interpreted to mean and be used to cover their ass if they give your info to anyone who claims a DCMA.

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    Veteran Member Sabihah's Avatar
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    Default Re: Sexy Creativity

    Quote Originally Posted by twistedprincess View Post
    My concern is that ANYONE can send a DCMA and request information that you are not legally obligated to provide them. The wording in this clause is shoddy at best. Can't these companies hire a freaking lawyer to write their damn TOS? I mean, you're making a site you want to be major. Pay a lawyer to help you write it who specializes in adult industry and then you don't have us camgirls sitting around picking apart the TOS going wtf bro? Yes, there are instances where they are legally required to give it, however this is not with every DCMA request as the TOS could be interpreted to mean and be used to cover their ass if they give your info to anyone who claims a DCMA.
    My understanding is that an actual DCMA takedown notice has to be filed through a registered agent for the hosting provider of the website displaying the contested content. So it's very likely that this site would be providing your information to that agent, not the individual claiming a violation. Also, the content owner is entitled to damages when a false claim is filed, so it would be exceedingly stupid for someone to use this as a means of getting someone's name. All of this should definitely be clarified in the TOS, though.

    I don't blame a site for trying to cover its ass legally - I'd do the same.

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