Grupe Photography: Terms and Conditions

Please read this legal agreement between you and Grupe Photography before purchasing any print or licensing an image.
By purchasing any photograph, you agree to these terms and conditions.

You agree to indemnify and hold Grupe Photography, its employees, directors and suppliers harmless against any damages or liability or any kind arising from any use of the photographs other than the uses expressly permitted by this agreement.

Neither Grupe Photography or any of its directors and employees shall be liable for any damages, whether direct, indirect, consequential, or incidental, arising out of the use of, or the inability to use, any photograph or photographs.

Grupe Photography makes no representations or warranties whatsoever with respect to the use of names, trademarks, logos, uniforms, registered or copyrighted designs or works of art depicted in any photograph.
We reserve the right to make future changes to our Terms and Conditions.
This agreement shall be governed by the laws of California-US. Jurisdiction will be in the courts of Contra Costa County, California.

DONATIONS
You can support us with a donation via PayPal. A PayPal account is not required to pay by credit card through PayPal. Click the Donation button below, which takes you to a secured PayPal site. Follow the prompts to make a donation. Your donation will support the maintenance of this site and philanthropic activities provided through this site.

 

I. Prints for Home or Office

A. Limited Edition Fine Art Prints

  • Free shipping worldwide for unframed prints purchased from Grupe Photography. Your package will be insured and traceable.
  • Prints for an order will be made and shipped after full payment has been received.
  • Our three guarantees for Limited Edition Fine Art prints (and $100+ prints) purchased from Grupe Photography*:
    1. One-year 100% money back guarantee. As we recognize that you have not seen the print prior to purchase, we will refund you fully and without questions for any print returned in new condition within a full year.
    2. Replacement guarantee: We will replace at no charge any print damaged in transit. Shipment damage needs to be logged with the shipment company. We will replace at a nominal price any print damaged by your framer or yourself.
    3. Lifetime fade-free guarantee: Our museum-grade prints, using archival paper and inks, are expected to last at least a century. We will replace at no charge any prints displayed in normal conditions which have faded during the lifetime of the original owner.
      *: You need to contact us for a return authorization before returning any items
  • Each print can be hand-signed by Andrew Grupe on request. Generally, limited edition prints are signed and numbered by hand on the back. If you request signing and numbering on the front, the image size will be slightly reduced to accommodate the signature and numbering outside the printed area. You can matte the print with or without the inscriptions, since they are not in the image area. If you prefer, the print can be signed elsewhere or not at all. Personalized inscriptions are also possible.
  • Preparation time is normally around a week for unframed prints, except when Andrew Grupe is traveling, or for some large prints/orders that may take two weeks. Faster express orders, including overnight are possible upon request and at additional overnight shipping charges.
  • Limited Edition Prints are on Hahnemuhle Fine Art Pearl paper. This offers the best balance between glossiness and absence of reflexions. We can print upon request on other materials.
Due to operating system and screen differences, and sometimes more elaborate image preparation done prior to printing, there might be color and lightness variations between the image you saw on the web and the print.

B. Prints Not Covered Under Section I. A.

  • There is a nominal shipping charge for all other products purchased from Grupe Photography. Your package will be traceable.
  • Prints for an order will be made and shipped after full payment has been received.
  • Our two guarantees for prints 11x14 inch or greater purchased from Grupe Photography*:
    1. We provide an 80% money back guarantee for prints that are returned to us in new condition within 30 days after purchase. We recognize that you selected the image based on the web page view and did not get a chance to see the actual print.
    2. Replacement guarantee: We will replace at no charge any print damaged in transit. Shipment damage needs to be logged with the shipment company. We will replace at a nominal price any print of 11x14 inch or greater that has been damaged by your framer or yourself.
      *: You need to contact us for a return authorization before returning any items
  • Preparation time is normally around a week for unframed prints. Canvas prints and books need an additional 10 business day processing time. When Andrew Grupe is traveling, or for some large prints/orders preparation may take two weeks. Faster express orders, including overnight are possible upon request and at additional overnight shipping charges.
  • Prints are on semi-gloss or luster like paper. This offers the best balance between glossiness and absence of reflections. We can print upon request on other materials such as matte or glossy papers, and in Black and White or Sepia.
  • Framing is currently not offered for unlimited edition prints.
Due to operating system and screen differences, and sometimes more elaborate image preparation done prior to printing, there might be color and lightness variations between the image you saw on the web and the print.

II. Copyright Notice and Terms of Use

Summary

  • Andrew Grupe owns the copyright to all photographs, videos and text on this site (unless mentioned otherwise).
  • No images are within the Public Domain. All images are copyrighted.
  • This document (subject to our interpretation) lists some image uses that may not require permission or a license.
  • It is your responsibility to determine whether your use may expose you to a copyright infringement claim.
  1. Images may be used for free without requesting permission from us only in the three following cases:
    • Sample, design, test, or layout use ("comp use")
    • Personal, non-commercial, private use (see B.1)
    • Personal, non-commercial, webpage or blog, subject to posting copyright notice and linkback (see B.2)
  2. An all-volunteer organization may use images for free in some cases, but approval by email is required (see B.3)
    Free permissions always require proper attribution (including an active backlink, if used on the Web), and no alterations.
  3. All others will need a licensing contract and payment. For licensing options, please contact photography@grupephotography.com.
    Special low-cost licenses are available for use in worship or meditation media presentations and use in classroom teaching materials.
  4. The images may never be used in a pornographic, obscene, illegal, immoral, libelous or defamatory manner.
     
PLEASE READ section A and the appropriate section B below for details BEFORE emailing us.
Do NOT call on the phone to request a free permission.

A1. Image uses that require a license

Image used in connection with any activity where money is earned. Includes, but not limited to:

  • Use on behalf of ANY organization which has paid personnel (INCLUDING NON-PROFIT)
  • Use in your professional work
  • Use for advertising, editorial or promotional purposes (including any fund raising activities and auctions),
  • Use on a commercial, advertising or self-promotional web site,
  • Use on a product that is sold, or contains paid advertising.

Only exception: sample, design, test, or layout use ("comp use"), for the purpose of evaluating how a finished piece would look.

If you wish to reproduce any image for professional or commercial purposes, please contact photography@grupephotography.com to learn how you can promptly receive a permission to publish a high resolution digital file. Licensing fees start at $150 (most licenses cost more). No free licenses are granted solely in exchange for credits or links.

A2. General Terms and Conditions for image licensing

Contact us by email or phone. Provide as much detail as you can about the intended use of the image(s), including in particular size, placement, circulation, territory of use.

If you are not familiar with image licensing, this page provides useful information.

Grant of Rights: Andrew Grupe represents and warrants that he is the owner of the photographs and has the unrestricted right to grant this license and rights. This license is valid only for the listed use. Any other use or reuse requires a new license. Client may not transfer this license. Licensed images may be altered.

Payment: Fees for commercial licenses can be paid by checks, wire transfer, and Paypal. For accounts or purchase orders, full payment must be received within 45 days after the invoice date or prior to publication. Rights are not transferred before payment is received.

Credit (mandatory for editorial uses): © Andrew Grupe/grupephotography.com, must appear on the same page as the photograph(s), except for covers and textbooks, where credit may be given on a separate page. If licensed for web use, credit must link to http://www.grupephotography.com.

Copies: Client shall provide, if requested, one copy of the use.

Releases: Andrew Grupe does not have model, property, or other releases. Client indemnifies Andrew Grupe against all liabilities and expenses arising from unauthorized uses.

Other: Images and other media are provided 'as is'. There are no warranties, express or implied. Neither Andrew Grupe nor Grupe Photography will be liable for any 3rd party claims or incidental, consequential or other damages out of the license or buyer's use of the image or buyer's use of other licensed media.

Refunds: Refunds for commercial licenses may be issued only up to 45 days from the date on the invoice, minus a processing fee. There will be no refunds after the image has been published. There are no refunds for personal licenses.

 

B. Image uses that do not require a commercial license

B1. PRIVATE USE of low resolution web sized images for personal, non-commercial purpose is free

Personal non-commercial use of web-sized images is encouraged and includes:

  • Personal student schoolwork such as reports
  • Emailing a copy to a friend
  • Screen saver or background image on your computer
  • Printing a few images on your printer for decor or scrapbook ( consider getting a much nicer photographic fine art print from GrupePhotography)
  • Making derivative artworks such as paintings and drawing just for yourself - not to be sold or used for self-promotion.
B2. Web use for personal, non-commercial purpose requires proper credit and backlink

Images may be displayed on a personal non-commercial web page or blog (excludes pages that are self-promotional, or generate any significant income) provided that you display next to the image: (a) copyright information and (b) active link to www.grupephotography.com.
Example of appropriate code:

<a href = "http://www.grupephotography.com">photo by Andrew Grupe/grupephotography.com</a>, all rights reserved.
  • Display of the border imprint "© Andrew Grupe/grupephotography.com" is not enough. You must add a link to www.grupephotography.com.
  • Because of TOUs we may disagree with, images may NOT be uploaded to third party sites, including social networking sites.

For details, please be sure to read the section III. General Terms for Use of this Website below.
Any other uses REQUIRE written authorization, in particular:

B3. Use for all-volunteer organizations requires permission
Please note that "all-volunteer" and "non-profit" are NOT the same. All-volunteer organization image use requires written authorization and applies only to the dissemination of information. Free use will NOT be granted for fund raising activities, nor for ANY organization that has paid personnel, or charges for services or membership. For consideration, contact us with the following information: (a) Name, website, background of the organization, (b) State explicitly that nobody in your organization is paid (not just that they are not paid for the task for which image(s) are required), (c) Intended usage for the image(s).

General conditions for free image use Grant. Except for the listed cases, free image use can only be obtained by emailing us, after you receive an email granting the permission. If you do not receive an answer, it probably means permission was not granted.

Applicability. Free image usage applies only for the low resolution images that are displayed on www.grupephotography.com. No free public usage will be granted for the high resolution images and no high resolution images will be sent for free.

Attribution. No free images or text may be used without carrying appropriate copyright information next to the images or text, acknowledging that the copyright is owned by "Andrew Grupe / www.grupephotography.com".

No Alterations. All free images must accurately represent the original work and be used in their entirety. Additions, cropping, or other alterations that would affect the integrity of the image and of its identifying information are not permitted. This includes removal of the copyright mark in the image, eg "© Andrew Grupe / grupephotography.com", (which by itself consitutes an actionable DMCA violation).

Rights. The images or text of "Andrew Grupe" which you obtain from any source are licensed to you by Andrew Grupe for the limited purpose of personal use. If a grant of right was issued, it is valid only for the specific use for which you were granted permission. Any other subsequent use requires a separate authorization. Further no license is granted in respect of any property rights. This does not mean that the title to the image was transferred to you. You own the medium on which the images or text are recorded, but Andrew Grupe retains full and complete title to the images or text, and any intellectual property rights therein.

B4. Personal Licenses

Buyers who purchase a personal license for higher resolution images, are granted a non-exclusive perpetual personal use license, subject to these restrictions:
A personal license is for personal use only, which means non-commercial use of the image for display on your personal computer, or making image prints or copies for personal use. High resolution images have to be downsized (long edge: 600 pixels or less) before being displayed on personal web pages. Web display also requires a link back (see B2.). Making derivative artworks such as paintings and drawings just for yourself. - Not to be sold, relicensed or sublicensed, not be used for self-promotion, not be used in advertising, and not be used in any activities that have the goal of generating a financial profit.

 

III. General Terms For use of this Website

Links

You are always encouraged to make a link to any of the web pages (html files) included in this server without any restriction.

Prohibited actions

  • Embedding images into a web page, that is have a direct ("hot") link (img src) to any image (jpeg file).
  • Using programs to automatically download or spider large portions of the grupephotography.com site or any of its subdomain pages for other purposes than indexing.
  • Framing of any of the grupephotography.com web pages.

We reserve the right to make future changes to these guidelines.
By using any of our images you thereby consent to these guidelines and any future changes.

GrupePhotography Home

Note: The contents of this page have been adapted from www.terragalleria.com with permission.