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Terms of Use

Audio-Visual Archives University of Kentucky Archives User Agreement

The image(s) you are interested in are part of a collection donated to the University of Kentucky ("UK") by the Lexington Herald-Leader from its John C. Wyatt/Lexington Herald-Leader Collection (1939-1990) and now owned by UK. As part of UK's agreement with the Herald-Leader and in order to protect all parties, use restrictions are required. No exceptions can be made without prior written approval from both UK's Audio-Visual Archivist and the Photo Editor of the Herald-Leader. While all materials in the collection are open and accessible for research, obtaining a copy of any image and any use of the images is expressly limited as described in this user agreement. As a condition of UK's providing you with a copy of the image(s), you agree to strictly abide by the following:

 

Images are to be used only for: your own personal use; civic projects; scholarly research and comment; and other non-profit or non-profit educational uses. If you intend to use the image(s) for any use other than personal use, you must describe the intended use and obtain UK's advance approval. Permission in all cases is for one time use and only for the purpose described. Any other use requires a new permission. If you are unsure whether a use is a personal use or falls within this restriction, you should seek the advice and direction of the UK Audio-Visual Archivist.

 

ALL OTHER USES ARE EXPRESSLY PROHIBITED. Specifically, images are not to be used for any commercial or other for profit purpose(s), including but not limited to advertising any goods or services, political campaigns or propaganda, newspaper, magazine or book publications, commercial sales (including any form of application to any type of goods), any other forms of reproduction, or use on a website outside of the University of Kentucky (UK users, see Audio-Visual Archivist for additional restrictions on web use). Copyright to the images remains with UK's Audio-Visual Archives and when use is permitted you must give appropriate copyright credit to UK in a form acceptable to UK, one acceptable form is: © University of Kentucky, all rights reserved, from the John C. Wyatt Lexington Herald-Leader Photograph Collection, 2004AV001, University of Kentucky Archives.

 

While UK believes that it holds the copyright interest in the image(s), ownership and copyright may be disputed, particularly with older works. As such, neither UK nor the Herald-Leader provides any representation or warranty of title, including but not limited to copyright ownership. Your use of the image(s) is strictly at your own risk, and you assume any and all liability that may relate to or arise from your use. User agrees that if notified by UK that a dispute as to any rights in the image(s) exists, that user will immediately cease any public use of the image(s). The user agrees to indemnify and hold harmless UK and the Herald-Leader, their officers, directors, employees and affiliated entities, any and all of them, against and from any liability, loss, cost, or expense whatsoever, including attorney's fees, arising out of or relating to use of the image(s).

UK is solely responsible for making the images available to you pursuant to this user agreement.

 

User agrees that any violation of this user agreement will cause irreparable harm to UK, agrees that injunctive relief (a court order directing that you cease the activity) is an appropriate remedy and consents to such relief. Injunctive relief will be in addition to any and all other remedies that may be available.