Thanks to the YNOT newsletter, I became aware of a new site today. It's yet another Only Fans imitator, a subscription site offers paid DMs, video calling and other features. They are also offering 80% payout normally and 90% for the first three months as a promotion.
However, I found some worrisome items when I started looking through the terms of service and other legal documents.
First of all, the agreement content creators must agree to is called the "Independent Contractor Agreement". This means the relationship between you and Qrush is fundamentally different from many other sites. Legally, they are paying you to do a job, as opposed to NiteFlirt or AVNStars, which are just platforms allowing you to sell services.
Their Terms and Conditions page contains the following:
That's all pretty standard and to be expect from a site that is going to host your content and display it for others to see and pay for.Creators maintain complete ownership of all Creator Content (“Creations”), but we need a license from you to operate qrush effectively.
By posting your Creations on qrush, you automatically grant us a royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, worldwide license to use, reproduce, distribute, perform, publicly display or prepare derivative works of your Creations.
The purpose of this license is strictly intended to allow us to provide and promote memberships to Users who may be interested in qrush or gaining access to your Creations. Please note that this permission allows us to use and/or modify your Creations for promotional purposes, by adding stickers, text, filters, frames and watermarks, as well as to make your Creator Content available to Subscribers and for normal operations of our website.
They even go out of their way to say this:
However, the Independent Contractor Agreement contains the following:We will never try to steal your Creations, use them in an exploitative way, or sell them to another platform.
I'm not sure how this passage is consistent with the claim that content creators will maintain ownership of their content. In fact, this appears to saying that you are signing over all the rights to your creations to Qrush and that you will no longer be able to sell or use them anywhere else, forever. In fact, it even includes anything you make "in the course of or related to" providing services to Qrush. This could mean that if you do a photoshoot with the idea of posting some of the pics to Qrush, the entire result of the photoset now belongs to them, not just the specific pics uploaded to Qrush.3. Ownership of Work Product.
Except for Your registered intellectual property rights, which You must disclose prior to execution of this Agreement, You hereby assign to US all right, title and interest in and to any work product created or contributed to by You in connection with Your performance under this Agreement (the “Work Product”), including all copyrights, trademarks and other intellectual property rights contained therein. Without limiting the generality of the foregoing, “Work Product” shall include, but not be limited to, any and all documents, deliverables, images, videos, correspondences, software, systems, designs, and any other materials, as well as research, writings, discoveries, inventions, enhancements, improvements and similar creations, made or created, in whole or in part, by You in the course of or related to providing Services to Us . You understand and agree that You have no right to use the Work Product except as necessary to perform the Services for Us.
I've sent them an email asking them to clarify their stance, but this is very concerning and I won't touch this site with a ten foot pole until this situation is rectified. I'll post here when (and if) I hear back from them.



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