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. 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.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.
18. 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.
19. Severability
If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
20. Contact Us
For questions, support, or legal notices, contact us at: contact@gotbarreled.com