User Generated Content Terms and Conditions
Updated as of December 29, 2019
PLEASE READ THESE TERMS AND CONDITIONS (“TERMS”) CAREFULLY.
THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND SCHLOTZSKY’S FRANCHISOR
SPV AND ITS AFFILIATES AND SUBSIDIARIES ( COLLECTIVELY, “SCHLOTZSKY’S”, “WE”, “OUR” OR “US”). BY
USING ONE OR MORE OF THE HASHTAG PHRASES ASSOCIATED WITH SCHLOTZSKY’S (EACH
A “HASHTAG PHRASE”), OR INCLUDING OUR HASHTAG PHRASE WHEN REPLYING TO OUR
MESSAGE TO YOU REQUESTING THE RIGHT TO USE YOUR CONTENT (AS DEFINED BELOW),
YOU ARE AGREEING TO ALL OF THESE TERMS WITH RESPECT TO THE CONTENT. FOR A
LIST OF CURRENT SCHLOTZSKY’S HASHTAG PHRASES, SEE THE END OF THESE TERMS.
IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT USE OUR HASHTAG PHRASES
OR REPLY TO OUR MESSAGE TO YOU. IN PARTICULAR, BUT WITHOUT LIMITATION, YOU
CONFIRM THE FOLLOWING:
YOU ARE GRANTING SCHLOTZSKY’S AND ITS BUSINESS PARTNERS (AS DEFINED
BELOW) THE RIGHT TO USE YOUR CONTENT (DEFINED BELOW) ON ITS WEBSITES
(“SITES”), MOBILE APPLICATIONS (“APPS”), SOCIAL MEDIA PLATFORMS AND
RETAILER WEBSITES, AS WELL AS IN OTHER FORMS, MEDIUMS AND/OR
DISTRIBUTION METHODS AS DESCRIBED BELOW, INDEFINITELY;
YOU CREATED THE CONTENT OR HAVE PERMISSION FROM THE CREATOR OF THE
CONTENT TO GRANT THE RIGHT TO USE THE CONTENT;
YOU HAVE PERMISSION TO GRANT THIS RIGHT FROM ALL INDIVIDUALS APPEARING
IN THE CONTENT;
YOU ARE NOT AN EMPLOYEE, CONSULTANT, BRAND AMBASSADOR, OR OTHERWISE
MATERIALLY RELATED TO SCHLOTZSKY’ , AND SCHLOTZSKY’S HAS NOT
COMPENSATED YOU FOR YOUR CONTENT.
YOU AND ALL INDIVIDUALS APPEARING IN THE CONTENT ARE AT LEAST 18 YEARS
You have created or made available certain content, which may include,
without limitation, a photograph, text, handle or account name,
information, images, graphics, video or any combination thereof
(collectively, "Content"). By using our Hashtag Phrase in
your Content or including our Hashtag Phrase when replying to our message
to you requesting the right to use your Content, you hereby grant to
Schlotzsky’s and their customers, vendors, service providers, licensors,
licensees, successors and assigns (collectively “Business Partners” and
together with Schlotzsky’s and any of their licensees, the “Licensees”) a
non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up,
worldwide license (including the right to sublicense through multiple
tiers) to (a) use, reproduce, process, adapt, publicly perform, publicly
display, modify, prepare derivative works, publish, transmit and distribute
your Content, or any portion thereof, in any form, medium or distribution
method now known or hereafter existing, known or developed, for any
purpose, at Schlotzsky’s sole discretion, including without limitation, any
purpose relating to the marketing, advertising and promotion of
Schlotzsky’s goods and services, and (b) authorize any such use by others
of your Content, or any portion thereof, in the same manner. Said uses may
include, but are not limited to, posting your Content on any Site, App or
social media platform, transmitting your Content to consumers via e-mail,
or reproducing or displaying the Content on computers and mobile devices.
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 the Licensees. Any Licensee, at
its sole discretion, may modify or adapt your Content in order to transmit,
display or distribute it over computer networks and in various media and/or
make changes to the Content as necessary to conform and adapt it to any
requirements or limitations of any networks, devices, services or media.
Schlotzsky’s agrees to use any personally identifiable information
contained in any of your Content in accordance with Schlotzsky’s
You will retain all ownership of the Content (subject to the license
granted herein). Any Licensee shall have the right, but not the obligation,
to use your username, and, if provided in connection with the Content, real
name, image, likeness, caption, location information or other identifying
information, in connection with any permitted use of the Content.
By approving the use of the Content, you waive (i) any right to review,
inspect or approve the use of the Content in any format or media, whether
that use is known to you or not; and (ii) any right to royalties or other
compensation arising from or related to the use of the Content.
YOUR OBLIGATIONS AND PROMISES TO SCHLOTZSKY’S
You may not upload, post or otherwise generate or make available to us any
material protected by copyright, trademark, or any other proprietary right
without the express permission of the owner 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 any Content that you provide.
You represent and warrant that: (i) you (and any other person appearing in
the Content, if any) 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) neither
your Content, nor the use of the Content as permitted in these Terms, will
infringe upon, misappropriate or violate any laws or the intellectual
property, privacy, publicity, statutory, contractual, personal or other
rights of any person or entity; (iv) neither you nor any person appearing
in the Content is an employee, consultant, brand ambassador, or is
otherwise materially related to Schlotzsky’s ; (v) Schlotzsky’s has not
compensated you for the Content; and (vi) you own or have obtained all
necessary rights and permissions to grant the rights 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.
You agree to pay for all royalties, fees, damages and any other monies
owing any person by reason of any Content that you provide, and you agree
to indemnify and hold the Licensees and their officers, directors,
employees, agents and licensors harmless from and against any and all
costs, damages, liabilities, and expenses (including attorneys’ fees and
costs of defense) Schlotzsky’s or any other indemnified party suffers in
relation to, arising from, or for the purpose of avoiding, any claim or
demand relating to or arising out of the Content, your breach or alleged
breach of these Terms, or your violation or misappropriation of any
applicable law, regulation, or the copyrights, trademark rights or other
rights of any third party.
INTELLECTUAL PROPERTY INFRINGEMENT
The Digital Millennium Copyright Act of 1998 (the "DMCA")
provides recourse for copyright owners who believe that material appearing
on the internet infringes their rights under U.S. copyright law. If you
believe that your work is the subject of copyright infringement and/or
trademark infringement and appears on a Schlotzsky’s Site, App or social
media platform please provide Schlotzsky’s designated agent the following
A physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted and/or trademarked work claimed to
have been infringed, or, if multiple works at a single site are covered
by a single notification, a representative list of such works at that
Identification of the material that is claimed to be infringing or to
be the subject of infringing activity and that is to be removed or
access to which is to be disabled at the site, and information
reasonably sufficient to permit Schlotzsky’s to locate the material.
Information reasonably sufficient to permit Schlotzsky’s to contact you
as the complaining party, such as an address, telephone number, and, if
available, an electronic mail address at which you may be contacted.
A statement that you have a good faith belief that use of the material
in the manner complained of is not authorized by the copyright and/or
trademark owner, its agent, or the law.
A statement that the information in the notification is accurate, and
under penalty of perjury, that you are authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed.
Schlotzsky’s agent for notice of claims of copyright or trademark
infringement can be reached as follows:
5620 Glenridge Drive NE
Atlanta, GA 30342
Please also note that for copyright infringements under Section 512(f) of
the Copyright Act, any person who knowingly materially misrepresents that
material or activity is infringing may be subject to liability.
These Terms and any related claim or dispute, 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 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 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 Terms, together with our Terms and
and Schlotzsky’s 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 Schlotzsky’s.
Our current Hashtag Phrases include, without limitation, the following,
which list may be updated any time and from time to time, by us without
notice to you: #schlotzskys; #wonderfullyweird; and #bornandbread.
If you have any questions about these Terms, you can reach us by email at email@example.com or by
mail at Schlotzsky’s Franchisor SPV LLC, Attn: General Counsel, 5620
Glenridge Drive NE, Atlanta, GA 30342.