Terms of Use & Conditions

Effective Date: 01.07.2025

1. About Got Barreled

Got Barreled (“we,” “us,” or “the Platform”) is an online marketplace connecting photographers/videographers (“Sellers”) with surfers and individuals (“Buyers”) for the purchase of surf-related media. Got Barreled isnot the seller, producer, or owner of any media. We act solely as a platform provider, facilitating transactions by using third-party services (such as Stripe for payment processing and Wise for payouts).

2. Eligibility

You must be at least 18 years old (or the minimum legal age in your jurisdiction) to use the Platform. If you are under 18, you represent and warrant that your parent or legal guardian has reviewed and approved your use of the Platform. By using Got Barreled, you confirm you have the legal capacity to enter into contracts.

3. Account Registration

You agree to provide accurate, current, and complete information when registering and to maintain the confidentiality of your account credentials. You are responsible for all activities under your account.

4. Content Restrictions

Got Barreled is a surf-media-focused platform. Uploads must be primarily related to surfing or surf culture. Non-compliant uploads may be removed without notice. Sellers must ensure they have obtained all necessary releases, consents, and permissions from identifiable individuals featured in the media.

5. Payments, Fees, and Payouts

• Payment Processing: Incoming payments from Buyers are processed via our third-party payment processor, Stripe.
• Platform Fees: Sellers set their own prices. The Platform charges a10% fee on each sale.
• Service Fees: Buyers pay an additional 10% service fee on the transaction.
• Taxes: Sellers are solely responsible for reporting and paying any applicable income, sales, or other taxes associated with their sales.
• Seller Payouts: Payouts of the Seller's earnings (sales price minus the 10% platform fee) are processed by the Got Barreled team. Payouts are sent from our account to the Seller's designated account, typically viaWise, local bank transfer, or e-wallet.
• Payout Information: To receive payouts, Sellers must provide and maintain accurate payout details in their account settings (e.g., bank account details, Wise account information, or e-wallet details).
• Payout Responsibility: The Seller is responsible for the accuracy of their provided Payout Information. Got Barreled is not liable for any lost funds or delays resulting from inaccurate information provided by the Seller.
• Payout Timing & Delays: Payouts are processed manually by our team and may be subject to internal processing times, holds, or batch schedules. Further delays may be caused by the payout provider (e.g., Wise, banks) and are outside our control. We do not guarantee a specific payout timeframe.

6. Platform Role & Liability Disclaimer

• We are not a party to the content transaction between Buyers and Sellers.
• We do not guarantee the quality, legality, accuracy, or ownership of content.
• We are not responsible for technical failures, downtime, or third-party service outages.
• Disputes regarding content must be resolved directly between Buyer and Seller. Disputes regarding payments may be subject to Stripe's dispute process.

7. Content Ownership, Consent & Rights

• Sellers retain ownership of their content but grant Got Barreled a worldwide, royalty-free licence to host, display, and market it through the Platform.
• Sellers must only upload media they have full legal rights to sell, and must obtain necessary model releases and surfer consent for anyone identifiable in the media.
• If a surfer or individual featured in the content requests removal, Got Barreled will remove or disable access to that content upon verification.
• Sellers are solely responsible for ensuring their uploads comply with all consent, privacy, and legal requirements.

8. License & Usage Rights

When you purchase media through Got Barreled, you are granted a personal, non-exclusive, non-transferable license to use the content. This license is subject to the following conditions:

• Personal, Creator & Small Business Use: Purchased media is licensed for personal use, individual creator/influencer use, and small business use. You may use it for personal enjoyment, personal social media posts, content creation for your personal brand or influencer channels, promotion of your own small business, printing for personal display, and sharing with friends and family.
• No Corporate or Large-Scale Commercial Use: You may not use purchased media for corporate or large-scale commercial purposes, including but not limited to: corporate advertising campaigns, use by large companies or corporations in marketing materials, merchandise mass-produced and sold by companies, editorial use by media companies or news organizations, corporate presentations, or any use by corporations, advertising agencies, or large commercial organizations.
• Corporate/Commercial Licensing: Corporations, media companies, advertising agencies, or large commercial entities seeking to use the content must obtain a separate commercial license directly from the original photographer/creator. Contact information for the creator is available on their profile page, or you may reach out to us at contact@gotbarreled.com for assistance in connecting with the creator.
• No Redistribution: You may not resell, sublicense, or distribute the purchased media to third parties.
• Attribution: When sharing on social media, we encourage (but do not require) crediting the photographer.

Violation of these usage terms may result in account suspension and legal action. The photographer/creator retains all intellectual property rights to the original content.

9. Refunds & Disputes

All sales are final. Got Barreled does not guarantee refunds. Refunds, chargebacks, or disputes from Buyers are handled through Stripe's processes. We may assist in investigations at our discretion but are not obligated to mediate or resolve disputes between users.

10. Prohibited Conduct

• Uploading content without rights, consents, or licences.
• Harassment, abuse, or unlawful behavior.
• Attempting to bypass fees or our payment/payout processes (including Stripe and Wise).
• Misuse, hacking, or disruption of the Platform.

11. Intellectual Property

Got Barreled owns all rights in the Platform, including software, branding, and design. Nothing in these Terms grants you rights to use our trademarks or intellectual property without prior written consent.

12. DMCA & Copyright Claims

We respect intellectual property rights. If you believe your copyrighted work has been uploaded without authorization, notify us at contact@gotbarreled.com. We may remove or disable access to disputed material at our discretion.

13. Termination

We may suspend or terminate accounts, remove content, or restrict access at any time, with or without notice, if we believe these Terms or applicable laws are violated.

14. Limitation of Liability

To the fullest extent permitted by law, Got Barreled, its owners, affiliates, employees, and partners are not liable for any direct, indirect, incidental, consequential, or punitive damages arising from use of the Platform, content, or third-party services.

15. Indemnification

You agree to indemnify and hold harmless Got Barreled from any claims, damages, losses, liabilities, or expenses (including legal fees) resulting from: your use of the Platform, content you upload, or violation of another’s rights or laws.

16. Privacy & Data

By using Got Barreled, you agree to our data practices as described in our Privacy Policy. We disclaim liability for third-party data handling (e.g. Stripe, Wise). Users are responsible for securing their own devices and internet connections.

17. Force Majeure

Got Barreled shall not be liable for any failure or delay caused by events beyond our reasonable control, including natural disasters, internet failures, third-party outages, strikes, or governmental actions.

18. Arbitration & Class Action Waiver

Any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Platform shall be resolved by binding arbitration, administered by a recognized arbitration body, rather than in court. You agree that:

• You waive the right to a jury trial.
• All disputes will be handled on an individual basis only—not as a class, consolidated, or representative action.
• Notwithstanding the foregoing, either party may bring an individual action in small claims court.
• The arbitration shall take place in Australia unless both parties agree otherwise.

This Arbitration & Class Action Waiver section shall survive termination of your account or the Platform.

19. Governing Law

These Terms are governed by the laws of Australia. Any disputes shall be resolved exclusively in the courts located in Australia, unless otherwise required by applicable mandatory law.

20. Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

21. Contact Us

For questions, support, or legal notices, contact us at: contact@gotbarreled.com