[1] The term "Images" means all viewable renditions furnished to user hereunder, whether captured or stored in photographic, magnetic, optical, or any other medium whatsoever.
[2] All Images and rights therein, including
copyright, remain the sole and exclusive property of Boar's Head
Inn.
[3] User assumes liability for misuse of any Images, and (including, without limitation, independent contractors, messengers, and freelance researchers.
[4] Boar's Head Inn shall receive credit for
Images.
[5] User may not make or permit any alternations, including but not limited to additions, subtractions, or adaptations, in respect of the Images, alone or with any other material, except that cropping, and alterations of contrast, brightness, and color balance, consistent with reproductions needs may be made.
[6] User may not assign or transfer this agreement or any rights granted hereunder. This agreement incorporates by reference Article 2 of the Uniform Commercial Code, and the Copyright Act of 1976, as amended.
[7] Except as provided in (8) below, any dispute
regarding this agreement shall be, at Boar's Head Inn's sole discretion,
either (1) arbitrated in Charlottesville, Virginia under rules
of the American Arbitration Association and the laws of Virginia.
Judgment on the arbitration award may be entered in any court
having jurisdiction. Any dispute involving the limit of the local
small claims court or less may be submitted without arbitration
to any court having jurisdiction thereof. User shall pay all arbitration
and court costs, Boar's Head Inn's reasonable legal fees, and
expenses, and legal interest on any award or judgment, in the
event of any award of judgment in favor of Boar's Head Inn; or
(2) adjudicated in Charlottesville, Virginia under the laws of
Virginia; user shall pay all court costs, Boar's Head Inn's reasonable
legal fees, and expenses, and legal interest on any award or judgment,
in the event of any award or judgment in favor of Boar's Head
Inn.
[8] User hereby expressly consents to the jurisdiction of the Federal courts with respect to claims by Photographer under the Copyright Act of 1976, as amended.
I agree to uphold all terms and conditions of this Photography Usage Agreement as specified.
