Terms & Conditions
Terms & Conditions
TomThelen.com – Updated February 2020
This website, is operated by TomThelen.com, a subsidiary of Character Programs, LLC. Throughout the site and app, the terms “we”, “us”, “our”, and “Company” refer to Character Programs, LLC. This website, including all information, tools and products available from this site to you, the user, is conditional upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site, using our app, and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. Character Programs, LLC may, in its sole discretion, modify or update these Terms of Service from time to time, and so you should review this page periodically. When we change the agreement in a material manner, we will update the ‘last updated’ date at the top of this page. Your continued use of the website and its provided services after any such change constitutes your acceptance of the new Terms of Service.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site or app, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website, access the app, or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
TomThelen.com collects and uses your personally identifiable information to deliver the products you have requested. Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason, without your consent, other than for the express purpose of delivering our product to you and improving your customer experience.
Certain content, products and services available via our Service may include materials from third-parties. The third-party links on this site may direct you to third-party websites that are not affiliated with us and not under our control. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Character Programs, LLC of the site or any association with its operators.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER GENERATED CONTENT
User generated content may include creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’). By posting, uploading, inputting, providing, or otherwise submitting your comments, you are granting Character Programs, LLC, its affiliated companies and necessary sub-licensees permission to without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us, and to publish your name in connection with your comment. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
You are prohibited from posting or transmitting any, at Character Programs, LLC’s sole determination, unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this website. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
You warrant and represent that you own or otherwise control all of the rights to your comments as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the comments. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
ELIGIBILITY AND REGISTRATION
Character Programs, LLC is committed to providing access to our web pages and reporting app for individuals with disabilities or accessibility needs.
To meet this commitment, we strive to comply with the requirements of Section 508 of the Rehabilitation Act. Section 508 requires that individuals with disabilities, who are members of the public seeking information or services from us, have access to and use of information and data that is comparable to that provided to the public who are not individuals with disabilities, unless an undue burden would be imposed on us. Section 508 also requires us to ensure that users with disabilities have access to and use of information and data that is comparable to the access to and use of information and data by users who are not individuals with disabilities, unless an undue burden would be imposed on us.
By accessing our website, using the Report Bullying App, or using any part of our Service, you agree to indemnify, defend, and hold harmless Character Programs, LLC, its affiliates, parents and subsidiaries, officers, directors, employees, agents, licensors, suppliers, successors and assigns against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating in any way to the accessibility on our website. In place of seeking legal action, you agree to notify us about any accessibility needs and work towards mutual resolution. If you use assistive technology (such as a Braille reader, a screen reader, TTY, etc.) and the format of any material on our websites, app, or Service interferes with your ability to access any information, please contact [email protected] for assistance in this matter. Please indicate the nature of your accessibility problem, the preferred format you would like to receive the material, the web address of the inaccessible material, and your contact information so that we may respond in a manner most helpful to you.
GDPR AND YOUR RIGHTS
Under the GDPR, EU-based visitors and subscribers have the rights to request from us access to Personal Data we store about you, to amend (or rectify) this data, to restrict our processing of the Personal Data, to erase the data, and to receive a copy of the data in a structured, commonly used, and machine-readable format (data portability). If you wish to invoke a right under the GDPR, you may contact us at [email protected] Please use the subject line “GDPR Request” in the subject line. Your email should include a sufficiently detailed description of the GDPR right with which you seek assistance along with appropriate contact information. We may need to contact you for further information. Character Programs, LLC will notify you if your request has been granted or declined, or if exemptions apply. If you have provided consent for the processing and storing of your data, you have the right (in certain circumstances) to withdraw that consent at any time, which will not affect the lawfulness of the processing before your consent was withdrawn. You have the right to lodge a complaint with the Information Commissioner’s Office (ICO) if you believe that we have not complied with the requirements of the GDPR with regard to your Personal Data.
CALIFORNIA RESIDENT RIGHTS
Notice to California Residents: If you are a California resident, you may have certain additional rights. California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by certain members of Character Programs, LLC to third parties for the third parties’ direct marketing purposes. California Business and Professions Code Section 22581 permits registered users who are minors to request and obtain deletion of certain posted content. The California Consumer Privacy Act, California Civil Code 1798.100, et seq., requires transparency regarding data practices and permits you to request, among other things, access to and deletion of your personal information, and requires that we provide you control over certain data transfers deemed under the law to be a “sale.”
Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights (patent, copyright, trademark, right of publicity, trade dress, service marks, trade secrets, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals, and extensions thereof). You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any of the content on this Service. You may not modify the information or materials displayed on or that can be downloaded from this Service in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.
The design of this Service and all test, graphics, information, content, and other material displayed on or that can be downloaded from this Service are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms of Service or with prior written permission of the owner of such material. The contents of this Service are ©2020, Character Programs, LLC or their respective affiliates and suppliers. All rights reserved.
Certain trademarks, trade names, service marks and logos used or displayed on this Service are registered and unregistered trademarks, trade names and service marks of Character Programs, LLC and its affiliates. Other trademarks, trade names and service marks used or displayed on this Service are the registered and unregistered trademarks, trade names and service marks of their respective owners and its affiliates. Nothing contained on this Service grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Service without the written permission of Character Programs, LLC.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Character Programs, LLC Designated Agent.
Character Programs, LLC, makes no guarantee that our software, smartphone app, educational videos, and educational materials will reduce bullying, cyberbullying, or any other type of destructive behavior. Our software and reporting app serve to help schools track bullying, cyberbullying, and other behavioral incidents, however, they do not serve as an Emergency Response System for active threats. For any emergencies or active threats, students should call 911 right away, and our Report Bullying App reminds them of this. Our software is robust and it can be very helpful for monitoring school culture, but it can only be effective and accurate if properly used by the end users. The software does not work automatically, and active monitoring by the end users is critical, as TomThelen.com and Character Programs LLC do not monitor any reports or images submitted through the Report Bullying Smartphone App or through the Reporting Form on our website. Reports are confidential and are only viewed by the end user: the school administrators of each individual school and district. Our videos and educational materials serve to motivate students toward positive life choices and mental health, however, we can never replace in-person professional counseling or psychological services (nor do we attempt to). Students involved in destructive decisions should seek help from a licensed mental health professional.