Terms and Conditions

This website www.brianhupp.com is owned and operated by Brian Hupp Fine Art. If you have any suggestions or comments, or if you need to contact us, please use the Contact form.

TERMS OF WEBSITE USE

These terms of use (together with any documents referred to within it) explain the terms of use on which you may make use of this website www.brianhupp.com (‘the site’) as a guest, which includes accessing and browsing the site.

Please read these terms of use carefully before you start to use the site, as these will apply to your use of our site. It is recommended that you print a copy of this for future reference.  By using the site, you confirm that you accept these terms of use and that you agree to comply with them.  If you do not agree to these terms of use, you must not use the site.

CHANGES TO THE TERMS

We may amend the terms of use of the site at any time by amending this page. Please check this page from time to time to take notice of any changes that may be made, as they are binding on you and on your use of the site.

CHANGES TO THE SITE

The site and its content may be updated from time to time at our sole discretion. I do not guarantee that the site, or any content on it, will be free from errors or omissions.

ACCESSING THE SITE

The site is made available free of charge.  I do not guarantee that the site, or any content on it, will always be available or be uninterrupted. Access to the site is permitted on a temporary basis. I may suspend, withdraw, discontinue or change all or any part of the site without notice. I will not be liable to you, if for any reason, the site is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to the site. You are also responsible for ensuring that all persons who access the site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

WEBSITE ORDERS AND RECEIPTS

When you place an order on our website, we will e-mail you to acknowledge receipt of your order and payment.

PAYMENT METHODS

All payments on this website are processed automatically via Square or PayPal, depending on the payment method you have selected. Square and PayPal offer industry standard secure on-line payments systems. You can use any credit or debit card to pay via Square and can even make payments if you do not have an account. 

RETURNS POLICY

We take pride in our customer service both in the quality of our prints and in the efficiency with which we process orders. However, if for any reason you are not satisfied with the quality of your order, please contact us to describe the imperfection(s), if any, and, if to be returned, return the item(s) in as-new condition within 7 days of receipt. Upon receipt and after satisfactory inspection of imperfection(s) you will be offered a choice of either a replacement, or a full refund.  Refunds will be credited back to your original method of payment and a confirmation of the refund will be sent to you.

INTELLECTUAL PROPERTY RIGHTS & UNAUTHORISED USE OF IMAGES & CONTENT

Brian Hupp is the owner of any and all intellectual property rights embodied in the site and its contents, which includes all images and text published on it, with the exception of certain credited images of Brian Hupp, which remain subject to the copyright of the respective photographers. 

For all images and text for which I am the owner, these works are protected by copyright laws and treaties around the world. All such rights are reserved. Content may not be downloaded, reproduced (physically or digitally), copied, projected, or used in any other way without express written permission of Brian Hupp.

You must not use any part of the content on the site for commercial purposes without obtaining a license to do so from us.  Please reach out to us via the Contact form to request such a license.

Should I grant permission to use any of my intellectual property, my status (and that of any identified contributors) as the owner and author of the content on the site must always be acknowledged.

If you print off, copy or download any part of the site in breach of these terms of use, your right to use the site will cease immediately and you must, at my option, return or destroy any copies of the materials you have made. Tracking systems may be in operation to identify unauthorized use.  Unauthorized users agree that they will be liable for a standard $100.00 administration charge per image, plus an appropriate reproduction fee, at the sole discretion of Brian Hupp Fine Art.

Legal proceedings will be brought against those who infringe copyright laws, which may include an injunction against relevant material use, and recovery of associated damages to be defined at the discretion of Brian Hupp. Image searches are undertaken on a routine basis to identify potential copyright infringement.

NO RELIANCE ON INFORMATION

The content on the site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the site.  Although I make reasonable efforts to update the information on the site, I make no representations, warranties or guarantees, whether express or implied, that the content on the site is accurate, complete or up-to-date.

LIMITATION OF LIABILITY

I will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

use of, or inability to use, the site; or

use of or reliance on any content displayed on the site.

If you are a business user, please note that in particular, I will not be liable for:

loss of profits, sales, business, or revenue;

business interruption;

loss of anticipated savings;

loss of business opportunity, goodwill or reputation; or

any indirect or consequential loss or damage.

If you are a consumer user, please note that I only provide the site for domestic and private use. You agree not to use the site for any commercial or business purposes, and I have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

While we take precautions to avoid such occurrences, I will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the site or to your downloading of any content on it, or on any website linked to it.  I assume no responsibility for the content of websites linked to the site. Such links should not be interpreted as endorsement by me of those linked websites. I will not be liable for any loss or damage that may arise from your use of them.

VIRUSES

I do not guarantee that the site will be secure or free from bugs or viruses.  You are responsible for configuring your information technology, computer programs and platform in order to access our site. You should use your own virus protection software.  You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored or any server, computer or database connected to our site.  You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. Breach of this provision is subject to criminal prosecution and penalties.  We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

LINKING TO THE SITE

You may link to the site's home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on my part where none exists. You must not establish a link to the site in any website that is not owned by you. The site must not be framed on any other site, nor may you create a link to any part of the site other than the home page. I reserve the right to withdraw linking permission without notice.

THIRD PARTY LINKS AND RESOURCES IN OUR SITE

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.  We have no control over the contents of those sites or resources.

LIMITED EDITIONS

Only the indicated allocation of limited edition prints and framed prints for a given print size will ever be sold. This does not affect the ability of Brian Hupp or Brian Hupp Fine Art to continue to use the applicable imagery for any other purposes whatsoever.

APPLICABLE LAW

All contracts made between Brian Hupp Fine Art and you shall be governed by the laws of the State of California. You accept that the total liability to you on any matter whatsoever relating to the contract or on any consequential loss relating to the contract cannot exceed the total contract price. Any dispute arising from the contract must be confirmed by you in writing within 30 days. In the first instance you agree that you and representatives of Brian Hupp Fine Art shall try to reach an amicable settlement via agreement or mediation; if these fail the dispute shall be subject to the exclusive jurisdiction of the California courts.