User Generated Content Terms and Conditions
These User Generated Content Terms and Conditions (“UGC Terms”) concern use by RM Educational Resources (trading as TTS and Consortium) and its affiliates and subsidiaries (“RMER”, “we”, “us” or “our”) of content generated by you.
INTRODUCTION
RMER loves to see how its customers engage with its products and services. On occasion, we may invite customers to send us content or contact individuals to request permission to feature their social media content on our websites, social media channels, or other promotional materials. You have been directed to this page because you are submitting materials to us or because we (or one of our partners on our behalf) have requested your permission to use your social media content in this way.
Please read the following terms carefully. By submitting materials to us or responding to our request for permission to use your social media content with the hashtag #TTSagree or #Consortiumagree, you confirm that you accept these terms and the applicable TTS or Consortium Privacy Policy.
Note that we refer in these terms to materials submitted to us and your social media content as “User Content”. We mean that term to include photos, text, graphics, audio, video, comments, reviews and other materials from social media sites. Where we refer to “Our Business” we mean RMER’s ordinary business including sale of products and services and associated marketing, promotional and advertising activities as well as other consumer-related communications activities including email.
We reserve the right to alter these UGC Terms without notice by posting revised UGC Terms on our websites. Accordingly, you should review the UGC Terms each time you agree for us to use your User Content.
WHERE WILL MY USER CONTENT AND PERSONAL INFORMATION BE DISPLAYED?
Your User Content may be displayed on the TTS website (www.tts-group.co.uk), Consortium website (www.consortiumeducation.com), our social media channels, or other promotional materials (the “RMER Channels”). User Content may be displayed with your social media username and profile picture thumbnail alongside it provided the applicable social media account is not set as private. For example, the User Content and your username may be featured on our home pages, in a gallery of images and also on the relevant product page if the User Content features a specific product.
LICENCES GRANTED TO US
You hereby grant to RMER and its related companies, agents, assigns, third-party service providers and affiliates (the “Licensed Parties”) a worldwide, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right to use your User Content in any manner, including but not limited to on webpages and social media pages operated by the Licensed Parties, in promotional e-mails and advertisements, and in any and all other marketing, promotional and advertising initiatives, and in any media now or hereafter known. The Licensed Parties may use, alter and/or edit your User Content in any manner without further obligation to you.
The above licence is deemed to include the same rights with regard to your social media username, social media thumbnail (e.g. a profile picture), email address, real name, image, likeness, location and any other materials or information you submit to us or that are otherwise publicly displayed by you or provided to us by a social media site in connection with the User Content provided such uses are consistent with our Privacy Policies.
WARRANTY
You hereby agree and represent and warrant that (i) you are solely responsible for your User Content, (ii) you own all right, title and interest (including copyright) in and to your User Content and/or have obtained all necessary rights and permissions from any and all other persons and/or entities who feature in, own, manage or otherwise claim any rights with respect to such User Content, (iii) you are 18 years old or older, (iv) the Licensed Parties’ use of your User Content as described herein will not violate the rights, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary or other rights, of any third party, or any law, rule or regulation, and (v) the User Content is not libellous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful.
If you believe your User Content or related content as displayed on or used in connection with Our Business infringes any person’s or entity’s rights (including intellectual property rights), please contact us at digitalqueries@consortiumeducation.com immediately.
ACKNOWLEDGEMENTS AND RELEASES
You agree that you will not receive any compensation for the Licensed Parties’ use of the User Content and we have no obligation to use any of the User Content. We may remove the User Content from the RMER Channels at any time without warning or reason.
Our Business and/or the RMER Channels, names and logos may be protected by copyright, trademark and other intellectual property rights and laws. You acknowledge and agree that you do not acquire any ownership or other rights in proprietary information and materials of RMER by authorising use of your User Content or otherwise agreeing to these UGC Terms.
You hereby irrevocably waive all rights to seek or obtain any injunctive or other equitable or compensatory relief against any of the Licensed Parties for use or exploitation of the User Content or related materials as licensed herein, as well as any claims for moral rights.
The User Content identified is non-confidential and the Licensed Parties have no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Content, except pursuant to the Licensed Parties’ respective privacy policies.
Without limiting the above, you hereby release, discharge and agree to hold the Licensed Parties, and any person acting on their behalf, harmless from any liability related in any way to the Licensed Parties’ use of your User Content.
Other than as provided in these UGC Terms, you will retain ownership of all rights in your User Content.
ADDITIONAL TERMS
To the extent your User Content is displayed any of the RMER Channels or in connection with Our Businesses, you also will be subject to additional terms of use, agreements, guidelines or rules provided by RMER applicable to, including but not limited to those on the TTS website at tts-group.co.uk/terms and Consortium website at consortiumeducation.com/legal/terms-and-conditions. You hereby agree to be bound by such additional terms of use or service, agreements, guidelines, instructions or rules provided or posted by us (the “RMER Terms”).
By agreeing to these UGC Terms, you are consenting to the Licensed Parties’ collection of any personal information you disclose in connection with your User Content and/or provide to the Licensed Parties for their use in connection with your User Content and to the use, disclosure, transfer and processing of your information in accordance with these UGC Terms, the TTS and Consortium Privacy Policies and applicable data protection laws and regulations. If you do not agree to the collection, use and disclosure of your personal information in this way, please do not agree to these UGC Terms or otherwise provide the Licensed Parties with personal information. Your personal information may be transferred to servers located outside the country in which you live or to third parties in other countries so that they may process personal information on the Licensed Parties’ behalf.
MISCELLANEOUS AND APPLICABLE LAW
This Agreement constitutes the complete and exclusive agreement between you and us with respect to the subject matter hereof, and supersedes all prior or contemporaneous oral or written communications, proposals, representations, understandings, or agreements not specifically incorporated herein.
These UGC Terms are personal to you and may not be assigned or transferred by you for any reason whatsoever without RMER’s prior written consent.
You agree that if we do not exercise or enforce any legal right or remedy which is contained in these UGC Terms of Use (or which we have the benefit of under any applicable law), this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to us.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these UGC Terms are invalid, then that provision will be removed without affecting the rest of the UGC Terms. The remaining provisions of these UGC Terms will continue to be valid and enforceable.
The marks of any relevant social media sites are the property of their respective companies and the social media sites are not affiliated with RMER. Any submission via these or other social media sites are subject to all rules and regulations of such sites.
These UGC Terms, including all claims relating to or arising hereof or breach thereof, whether sounding in contract, tort, or otherwise, will be governed and construed in accordance with the laws of England. Any dispute arising from, related to, or connected with these UGC Terms will be resolved by the Courts of England.