CRUSH (operated by Crush Inc.) is an interactive computer service as defined by 47 U.S.C. § 230(f)(2). The user-generated content available on this platform is created by third parties (our users), not by Crush Inc.
Exemption Claim
Crush Inc. is not the "producer" of any visual depictions of actual sexually explicit conduct as defined in 18 U.S.C. § 2256(2)(A)–(D) that appear on the CRUSH platform. All such visual depictions, if any, are user-generated content uploaded by platform users who are the primary and secondary producers of such content under 18 U.S.C. § 2257.
With respect to user-generated content, Crush Inc. is exempt from the record-keeping requirements of 18 U.S.C. § 2257 and 28 C.F.R. Part 75 pursuant to 18 U.S.C. § 2257(h)(2)(B)(v) because CRUSH is an internet access service provider or hosting service that does not produce the sexually explicit content at issue.
Age Verification of Users
All CRUSH users must verify that they are 18 years of age or older at account creation via date-of-birth attestation and phone verification. Identity verification (government-issued ID + selfie via Stripe Identity) is available and encouraged for verified badge status. Accounts found to belong to minors are terminated immediately and any content is reported to NCMEC.
Custodian of Records
Notwithstanding our exemption claim, to the extent any records are required to be maintained, the designated records custodian is:
Crush Inc.Attn: Records Custodian / Legal Department
legal@crush.app
User Responsibility
Users who upload visual depictions of sexually explicit conduct to CRUSH are primary producers under 18 U.S.C. § 2257 and are solely responsible for maintaining required age-verification records for performers depicted in such content. By uploading such content, users represent and warrant that all performers are 18 years of age or older and that they hold the required records.
This statement was prepared based on current legal understanding and is subject to revision. Crush Inc. strongly recommends that any users uploading adult content consult qualified legal counsel regarding their obligations under 18 U.S.C. § 2257.