User-Generated Content Terms

Read these terms and conditions carefully as they affect your rights.

These User-Generated Content terms and conditions (“UGC Terms”) form a legal contract between you and Primrose School Franchising Company (“Primrose,” “we,” “our,” or “us”) and govern the rights for our use of certain content that you create, publicly publish, and make available to us, which includes without limitation, photographs, text (including comments), social media handles or account names, images, graphics, videos, other information, or any combination thereof (collectively, “Content”).

By providing consent to us either by (a) replying to our message requesting the right to use your Content or (b) indicating your consent via the form on our submission portal for us to use your Content (collectively, “Consent”), you are agreeing to all of these UGC Terms with respect to your Content and our use thereof. If you do not agree with any of these UGC Terms, please do not provide Consent for us to use your Content. By providing Consent and agreeing to these UGC Terms, you are agreeing to the following, without limitation:

• You grant Primrose and its Licensees (as defined below) the right to use your Content in perpetuity, without limitation, on its social media pages (e.g., X, YouTube, Instagram, Facebook, LinkedIn), websites (e.g., www.primroseschools.com), and in connection with any Primrose-branded email or mail communication;
• You represent that you have created the Content, it is original to you, you own the Content, or have permission from the creator of the Content to grant us the rights to use the Content as outlined herein;
• You represent that you have permission from all individuals appearing in the Content to grant us the rights to use the Content as outlined herein;
• You represent that your Content is not (and does not contain any material that is) illegal, fraudulent, deceptive, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam;”
• You represent that Primrose has not compensated you (or your child) in any way for the creation, provision, or use of your Content, and the Content reflects your honest opinions, findings, beliefs, or experiences of and with Primrose and its goods and services.

Content License

By providing Consent to Primrose to use your Content, you hereby (a) grant to Primrose and its vendors, service providers, licensors, licensees, successors and assigns, and any of its/their respective licensees (collectively, “Licensees”) a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, modify, prepare derivative works, publish, publicly display, transmit, and distribute your Content, or any portion thereof, on any of Primrose’s social media pages, websites, or Primrose-branded email communication, for any purpose, at Primrose’s sole discretion, including without limitation, any purpose relating to the marketing, advertising, and promotion of Primrose and its goods and/or services, and (b) authorize any such use by Primrose and its Licensees of your Content, or any portion thereof, in the same manner.

To the maximum extent permitted by law, you waive and agree not to assert any and all copyright rights, moral rights, or rights of attribution and integrity in your Content, if any, against Primrose and the Licensees. Primrose and any Licensee, at its/their sole discretion, may (a) modify or adapt your Content in order to transmit, display, or distribute it on/through various social media platforms, websites, and email communications and/or (b) make changes to the Content as necessary to conform and adapt it to any requirements or limitations of any media. Personal information that you provide in connection with, or that is contained in, any of your Content is subject to Primrose’s Privacy Policy.

You will retain all ownership of the Content (subject to the licenses granted herein). Primrose and any Licensee shall have the right, but not the obligation, to use your social media handle or account name, and, if provided in connection with the Content, your real name, image, likeness, caption, location information, or other identifying information, in connection with any permitted use of the related Content.

By providing Consent to the use of the Content as outlined herein, you waive (i) any right to review, inspect, or approve Primrose’s or the Licensees’ use of the Content in any format or media, whether that use is known to you or not; (ii) any right to receive royalties or other compensation arising from or related to the use of the Content; and (iii) any right to receive attribution in or notification of any use of the Content.

Your Obligations and Promises to Primrose

You may not provide Consent to Primrose to use any Content that contains any material protected by copyright, trademark, or any other proprietary right without first obtaining the express written permission from the owner(s) of such copyright, trademark, or other proprietary right, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from Primrose’s or the Licensees’ use of any Content that you provide to us.

You represent and warrant that: (i) you are at least 18 years old or the age of majority, whichever is older, in your state and/or country of residence; (ii) you have full right and authority to enter into this agreement; (iii) your Content is not (and does not contain any material that is or would be considered) illegal, fraudulent, deceptive, obscene, threatening, defamatory, or objectionable, and does not consist of or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam”; (iv) the use of the Content as granted and permitted in these UGC Terms will not infringe upon, misappropriate, or violate any laws or the intellectual property, privacy, publicity, statutory, contractual, personal or other rights of any person or entity; (v) Primrose has not compensated you (or your child) in any way for the creation, provision, or use of the Content; (v) the Content reflects your honest opinions, findings, beliefs, or experiences of and with Primrose and its goods and services ;(vii) the Content is original to you, and you own or have obtained all necessary rights and permissions to grant the rights and licenses granted herein, including without limitation, all rights or permissions from the creators of the Content or any individual(s) appearing in the Content, and no payment of any kind is due to any third party for the use of the Content as set forth herein; and (viii) all Content provided to Primrose will be considered non-confidential and non-proprietary.

Indemnification

You agree to pay for all royalties, fees, damages, and any other monies owed to any person as a result of Primrose’s or Licensees’ use of any Content that you provide hereunder, and you agree to indemnify and hold Primrose, the Licensees, and each of their officers, directors, employees, agents and licensors (collectively, “Released Parties”) harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) that any Released Party suffers in relation to, arising from, in connection with, or for the purpose of avoiding, any claim, dispute, or demand relating to or arising out of the use of the Content as provided for herein, your breach or alleged breach of these UGC Terms, or your violation or misappropriation of any applicable law, regulation, or the copyrights, trademark rights, or other rights (including publicity and privacy) of any third party.

Miscellaneous

These UGC Terms and any related claim, dispute, or demand, whether in contract, tort or otherwise, shall be governed by the laws in effect in the State of Georgia, without giving effect to its conflicts of law principles. You hereby irrevocably consent and agree to the exclusive jurisdiction of the federal and state courts of the State of Georgia. In the event that any provision of these UGC Terms shall for any reason be held to be invalid, illegal, or unenforceable in any jurisdiction, such provision shall be revised solely to the extent necessary to render such provision valid, legal, and enforceable, and without invalidating or affecting the remaining provisions hereof. Nothing contained herein shall deem or construe you and Primrose or you and any Licensee to be partners, joint venturers, principal-agent, or employer-employee, and no party shall have any authority to obligate or bind the other whatsoever. These UGC Terms, together with our Terms of Use and our Privacy Policy, represent the entire agreement between you and Primrose with respect to the subject matter hereof, and supersede all prior and contemporaneous agreements, understandings, inducements, or conditions, express or implied, oral or written. No modifications, amendments, or waivers will be effective unless in writing and signed by both you and Primrose. Nothing herein obligates Primrose or any of the Licensees to utilize the rights and licenses granted herein.