Subject of the Agreement

Subject of the agreement are all photograph(s) and/or images contained in this online database as well as all images provided by TUV Productions/L'amour Photography & Stock Agency/Gersh in any electronic form, via email, on CD and as transparencies or any other medium licensed to the specific market.

User Rights

With payment of the price due for the photograph(s) and/or any other images mentioned above, the buyer is entitled to their use. The right to use the photograph(s) and/or images is granted solely to the original buyer and can not be transferred to any third party. Copyright to the photograph(s) and/or images remains with TUV Productions/L'amour Photography & Stock Agency/Gersh.

TUV Productions/L'amour Photography & Stock Agency/Gersh grants the right to commercial and non-commercial use of the photograph(s) and/or images for productions for you or you only under the conditions specified in this agreement. The purchaser may use the photograph(s) and/or images to illustrate material that may be printed and published in unlimited numbers only one publishing-time per a payment. To use the image(s) again, the user must pay for the usage again. The photograph(s) and/or images are available for any media. The photograph(s) and/or images may be used for advertisements, magazines, brochures, video clips, multimedia productions, TV commercials, Internet applications etc. The photograph(s) and/or images may not be manipulated through cutting, cropping, scaling, color changes, etc unless a written permission to do so was granted by the images' solel owner TUV Productions/L'amour Photography & Stock Agency/Gersh. Use of the photograph(s) and/or images without fees being paid in advance, their manipulation through cutting, cropping, scaling, color changes and/or without obtaining a usage permission from TUV Productions/L'amour Photography & Stock Agency/Gersh is strictly prohibited and will be prosecuted to the fullest extent of the law governing our property and its copyright.

Use of the photograph(s) and/or images within photo archives, photo databases and stock agencies not associated with TUV Productions/L'amour Photography & Stock Agency/Gersh is strictly prohibited. Online use of the licensed from TUV Productions/L'amour Photography & Stock Agency/Gersh photograph(s) and/or images by online services or within personal, commercial or non-profit home pages or web pages is limited to the use of the images for Internet marketing applications and web site illustrations, design of banners, buttons and backgrounds, applications for the web sites and their design. The licensing agreement does not permit the purchaser to offer free or paid downloads of the images on the Internet or any internal and external networks including online services and other installations.

Guarantee

Stock photograph(s) and/or images featuring small groups of people (6 people or less) or single individuals are model released. For group photograph(s) and/or images such as crowds, street scenes, or similar photograph(s) and/or images model releases can, due to the nature of such photograph(s) and/or images, not be provided. The purchaser is advised that TUV Productions/L'amour Photography & Stock Agency/Gersh will not be responsible in any form, for any claims brought forward by people depicted in crowds, street scenes, or similar photograph(s) and/or images. This guarantee covers all applications under this User Licensing Agreement. TUV Productions/L'amour Photography & Stock Agency/Gersh will not be liable for any claims brought forward, due to unlicensed use, including but not limited to use of photographs and/or images in pornographic, negative or defamatory manner. A lawful usage of all the images belonging to TUV Productions/L'amour Photography & Stock Agency/Gersh is constituted only by this agreement. Any other usage of the images belonging to TUV Productions/L'amour Photography & Stock Agency/Gersh is considered unlawful by TUV Productions/L'amour Photography & Stock Agency/Gersh and constituted a breach of this agreement-contract and will be prosecuted to the fullest extent of law governing our property.

Breach of Contract

Unlicensed use of the photograph(s) and/or images, loss or damage of each and any original delivered in person and/or via standard (regular) mail, in electronic form, on CD or any other medium, certified and/or insured mail, Fedex and/UPS delivery will result in a $US 1,500.00 fine per violation per each image. The purchaser is held liable by TUV Productions/L'amour Photography & Stock Agency/Gersh for any loss or damage and /or unlawful usage of the original photograph(s) and/or images. The purchaser is also held liable by TUV Productions/L'amour Photography & Stock Agency/Gersh for illegal use of photograph(s) and/or images .

Publisher’s Disclaimer

Photograph(s) and/or images are provided "as is" with no warranties or conditions, expressed, implied, statutory, or in any communication with you. TUV Productions/L'amour Photography & Stock Agency/Gersh expressly disclaims any implied warranties of merchant ability, non infringement and fitness for a particular purpose. TUV Productions/L'amour Photography & Stock Agency/Gersh will not be liable to the purchaser or any other third party for any damages, including loss of data, lost profits, or any other costs that are incurred, which are caused directly, incidental, consequential or indirect from any mailing, e-mailing, electronic images, transparencies or slides provided.

This agreement is the entire agreement between the purchaser and TUV Productions/L'amour Photography & Stock Agency/Gersh and supersedes any other communications or advertising with respect to the photography and/or image(s) provided. If any provision of this agreement is held invalid, the remainder shall continue in full effect.