Terms of Service

1. Overview

These Terms of Service (“Terms”) govern your use of SURFGNAR VISUAL WORKS (the "Company") content, including photos, videos, and digital files (collectively, “Content”). By licensing, downloading, or using any Content, you agree to these Terms.

2. Who We Are. SURFGNAR VISUAL WORKS is a photography, videography, and media creator focused on exotic car and lifestyle content based in San Diego, CA. All Content is owned by SURFGNAR VISUAL WORKS or its licensors.

3. License Not Sale. When you pay for a license, you are buying usage rights, not ownership of the Content.

You may only use the Content in the ways allowed by the specific license you purchase (personal, commercial, social media, etc.).
All rights not expressly granted remain with SURFGNAR.

4. Digital Product License (EULA) Clause

Grant of License: Upon purchase of any digital assets, or presets from this Site, the Company grants the Client a non-exclusive, non-transferable, perpetual, worldwide license to use the assets for personal or commercial media production determined by the license purchase.
Restrictions on Use: The Client strictly agrees NOT to sub-license, resell, rent, redistribute, share, bundle, or host the digital assets on any third-party platform or file-sharing service, whether modified or unmodified.
Refund Policy: Due to the instant, downloadable nature of digital goods, all sales of digital products are final and non-refundable. By purchasing, the Client explicitly waives any right to a refund under California e-commerce consumer guidelines once the download link has been generated.

5. Permitted Use. Your permitted use depends on the license tier you select on the Licensing page. Examples include: Personal use (wall art, personal social media with no ads); Commercial use (brand social media, ads, website, print campaigns); Editorial use (magazines, blogs, news)You are responsible for choosing the correct license for your project and territory.

6. Prohibited Use. Unless clearly allowed in your license, you may not: Resell, sub-license, or give the Content to third parties as a standalone file.

Claim the Content as your own work.
Use the Content in logos or trademarks without written permission.
Use the Content in any way that is defamatory, hateful, pornographic, or illegal.
Use the Content in AI training datasets or similar tools without written permission.

7. Attribution. If required by your license or agreed in writing, you must credit as:

Photo/Video: SURFGNAR VISUAL WORKS, the official Surfgnar logo, or @surfgnar.com as indicated on the Content you purchase.
For social media, tagging @surfgnar (or the current handle) is recommended.

8. Payment & Delivery.

All prices are listed in USD unless stated otherwise.
Payment terms are as agreed in writing (invoice, email, or message).
Files are delivered digitally (download link, email, or file transfer).
Because Content is digital, all sales are final unless otherwise required by law.

9. International Use. You are responsible for:

Making sure your use of the Content complies with local laws in your country.
Securing any additional rights you may need (e.g., talent releases, property releases) if your use goes beyond what is covered in the license.

10. Intellectual Property. All copyrights and related rights in the Content remain with SURFGNAR VISUAL WORKS.You receive only the limited license described in your order or agreement.

11. Termination. SURFGNAR VISUAL WORKS may revoke your license if you: Breach these Terms, or Use the Content in a prohibited or harmful way.

If your license is revoked, you must stop using the Content and delete all copies you control, except where law requires you to keep them.

12. No Warranty. Content is provided “as is.” To the fullest extent allowed by law, SURFGNAR VISUAL WORKS does not guarantee that the Content will meet your specific needs, or that the Content will be free from all third-party claims in every country.

13. Limitation of Liability. To the fullest extent allowed by law: SURFGNAR VISUAL WORK total liability for any claim related to the Content or these Terms is limited to the amount you paid for the specific license. SURFGNAR VISUAL WORKS is not liable for indirect, incidental, or consequential damages (such as lost profits or lost opportunities).

14. Indemnity.You agree to indemnify and hold SURFGNAR VISUAL WORKS harmless from any claims, damages, or costs arising from your misuse of the Content or breach of these Terms.

15. Changes to These Terms. SURFGNAR VISUAL WORKS may update these Terms from time to time. The version posted on this site at the time of your license will apply to that license.

16. Governing Law & Jurisdiction. These Terms are governed by the laws of the State of California, United States, without regard to conflict of law rules. Any disputes will be handled in the courts located in San Diego, CA, unless otherwise required by law.

17. Contact: For licensing questions, custom usage, or disputes, contact: info@surfgnar.com