Posted November 4, 2021

Terms of Service

ToastmastersHouston.com Terms and Conditions of Use

These Conditions of Use (“Conditions of Use”) apply to the District 56 website located at toastmastershouston.com. This Site is owned by District 56 Toastmasters. Access to and use of this Site is subject to these Conditions of Use) and all applicable laws.

By accessing, using or browsing this Site, you (“you,” “User” or “Users”) agree to be bound by these Conditions of Use and accept, without limitation or qualification, these Conditions of Use and all terms, policies, guidelines or other notices incorporated by reference, whether you are a member of the public or a member of a Toastmasters club. If you do not agree to these Conditions of Use, do not use or access this Site. By using this Site, you represent and warrant that you are over the age of 18 (or for non-U.S. users, such older minimum age as may be required by applicable local law) and are lawfully able to accept these Conditions of Use.

These Conditions of Use govern your use of this Site and do not alter in any way the terms or conditions of any other agreement you may have with District 56 Toastmasters. Any additional terms that govern certain products and services will be presented in conjunction with those products and services, also see Privacy Policy.

Website Use

This website is open to the public in that non-members of District 56 Toastmasters may visit, view pages and purchase items in the online store. In order to make purchases; however, a free registration on the website is required. Registration on the website does not constitute membership in Toastmasters International.

You may be required to set up an account to use this Site or portions of it. If you are required to set up an account, you agree to provide accurate, current and complete information about yourself as required, to maintain and update such information, and to be fully responsible for all use of your account and for any actions or activities that take place using your account.

If you use this Site, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree to notify Toastmasters immediately of any unauthorized use of your account or password. Any misconduct, fraudulent, abusive or otherwise illegal activity on this Site by you may be grounds for termination of your account or rights to use this Site, at Toastmaster’s sole discretion, and Toastmasters may refer you to appropriate law enforcement agencies.

District 56 Toastmasters reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.

Electronic Communications

By visiting ToastmastersHouston.com or sending electronic communications to us, you are communicating with us electronically. You expressly agree to the collection, use and processing of your personal information collected by District 56 Toastmasters. By accessing this Site, you expressly agree that your information may be accessed, used, and shared by District 56, its employees and agents, district officers, and club officers. You expressly agree that District 56 Toastmasters, its employees and agents, district officers, and club officers may send you communications, emails, and messages and may contact you through electronic communications, emails, messages, phone calls, social media, and mail. You agree that all agreements, notices, disclosures and other communications that District 56 Toastmasters provides to you electronically satisfy any legal requirement that such communications be in writing.

Site Content

Unless otherwise indicated, all of the content information, design, text, articles, graphics, public service announcements, illustrations, photographs, images, data, video, moving images, sounds, audio, music, software, applications, artwork, user interfaces, trademarks, logos, computer code, features, promotions and forums contained or displayed on this Site and any products and services (collectively “Site Content”), including, but not limited to, the design, structure, expression, “look and feel,” selection and arrangement of such Site Content is owned and/or controlled by District 56 Toastmasters, its licensors or third-party partners, or used with permission and is legally protected, without limitation, under U.S. federal and state, and foreign laws, regulations, and treaties, including copyright, trademark, patent, moral rights, trade dress and other laws relating to the protection of intellectual property and unfair competition.

Except as otherwise set forth in these Conditions of Use, a User of this Site may download or print a single copy of any applicable Site Content for personal, noncommercial informational use, provided the User does not a) remove any trademark, copyright, or other notice contained therein and b) copy or post such Content on any networked computer. No use of Site Content in a publication or for commercial purposes is permitted without the prior written permission of District 56 Toastmasters; please see Copyright and the Trademark Use Request for attribution and requesting permission.

License and Access

District 56 Toastmasters grants you a limited license to access and make personal use of ToastmastersHouston.com and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of District 56 Toastmasters. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without express written consent of District 56 Toastmasters. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of ToastmastersHouston.com without express written consent.  Any unauthorized use terminates the permission or license granted by District 56 Toastmasters.

Linking Policy

Toastmasters welcome Toastmasters clubs, members, and others to link to this Site. Links may resolve to the home page, toastmastershouston.com, or to specific pages within this Site. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of District 56 Toastmasters from your club’s website, so long as the link does not portray District 56 Toastmasters or Toastmasters International or its products or services in a false, misleading, derogatory or otherwise offensive matter.

Direct linking to individual files (i.e., images, multimedia files, etc.) is not permitted. Links to this Site should not assert or imply an endorsement by or affiliation with District 56 Toastmasters.

Privacy Policy and Other Terms and Conditions

District 56 Toastmasters is committed to protecting your privacy. Please review our Privacy Policy, which governs your interactions with District 56 Toastmasters as well as your visits to ToastmastersHouston.com. By using this Site, you acknowledge and agree that any messages or information you post or send to this Site may be read or intercepted by others, as the Internet is never completely private or secure.

Each of these policies may be changed from time to time and such changes are effective immediately upon posting. If there is a conflict between these Conditions of Use and the terms posted for or applicable to a specific portion of this Site, including for any product or service offered on or through this Site, the latter terms shall control with respect to your use of that specific portion of this Site or product or service.

Disclaimer of Warranties and Limitation of Liability

THIS SITE IS PROVIDED BY DISTRICT 56 TOASTMASTERS ON AN “AS IS” AND “AS AVAILABLE” BASIS. DISTRICT 56 TOASTMASTERS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DISTRICT 56 TOASTMASTERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY AND WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. DISTRICT 56 TOASTMASTERS DOES NOT WARRANT THAT THIS SITE, ITS SERVERS OR EMAIL SENT FROM TOASTMASTERSHOUSTON.COM OR TMD56.ORG ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DISTRICT 56 TOASTMASTERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE CONDITIONS OF USE OR THE WEBSITE MUST BE COMMENCED IN ARBITRATION WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Social Media

This Site may include social networking tools, discussion forums, blogs, bulletin boards, message boards, other interactive areas or services, or other areas or services in which you can post messages, comments, materials, photos, information, updates, opportunities, recommendations, etc. (collectively, “Social Media”).

Users should be aware that the ideas you post and information you share may be seen and used by others. To protect your safety, privacy and intellectual property, please consider that when you voluntarily disclose personal information and ideas on Social Media, that information can be collected and used by others. District 56 Toastmasters is not responsible for another person or entity’s misuse or misappropriation of any content, ideas or information you post on this Site and/or in Social Media.

The information and opinions expressed on Social Media are not those of District 56 Toastmasters or its affiliates or subsidiaries, and District 56 Toastmasters makes no representations or warranties regarding such posted materials. You are entirely responsible for your use of any Social Media and use Social Media at your own risk.

Social Media Code of Conduct

Toastmasters International’s core values are integrity, respect, service and excellence. These are values worthy of a great organization, and Toastmasters believe Toastmasters should incorporate them as anchor points in every decision Toastmasters make. Our core values provide Toastmasters with a means of not only guiding but also evaluating our operations, our planning, and our vision for the future.

The following are Rules of Conduct that apply to any form of communication on this Site and all District 56 Toastmasters online social media platforms:

  1. Maintain Professional Decorum & Integrity
    1. The Toastmasters International Code of Ethics and Conduct applies to social media participation, including standards for communications.
    2. As a Toastmaster, it is important that all members conduct themselves in a professional manner at all times in accordance with the core values. This includes the use of social media. Accordingly, it is important that Toastmasters members, Toastmasters leaders and World Headquarters staff, and site visitors be treated with respect at all times. Never engage in personal attacks – threatening, insulting, or intimidating other users, as well as “flaming” (berating another user), “trolling” (posting derogatory, inflammatory, or provocative content attempting to bait others into responding). This includes any attacks against forum moderators, fellow Toastmasters or World Headquarters employees.
    3. Disagreements can and will occur. The proper focus of any conflict should be on the issue at hand and not on the individual. Please remember to be fair and courteous when disagreeing with others. Debate and differing opinions may be appropriate. Personal attacks against others, however, are not allowed.
    4. Never act dishonestly or unprofessionally by engaging in behavior that is detrimental to the best interests of Toastmasters International by posting inappropriate, inaccurate or objectionable content.
    5. Do not, under any circumstance, harass, abuse, bully, or harm another person, including sending unwelcome communications to others.
    6. Never upload, post, email, transmit or otherwise make available or initiate any content that:
      1. Is unlawful, racist, sexist, homophobic, hateful, damaging, false, libelous, defamatory, malicious, vulgar, obscene, or discriminatory, contains religious or ethnic bias, or is otherwise objectionable. For example, never post anything meant to harm someone’s personal or professional reputation or jokes based on race, sex, religion or disability.
      2. Includes information that invades another’s privacy or that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships.
      3. Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights. When quoting copyrighted work be sure to credit the original source and, if appropriate, add a link.
      4. Includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” surveys, or any other form of solicitation. This includes any content soliciting customers, clients, donors, or others on behalf of your business, profession, or any organization or cause other than Toastmasters International.
      5. Includes any private communication between members, moderators, volunteer leaders, World Headquarters employees or partners of Toastmasters International on these forums or anywhere else without express written permission from the individual you are quoting.
      6. Impersonates any person or entity, or falsely represents your affiliation with any person or entity.
      7. Supports or opposes any political party, candidate for public office, ballot measure to be voted upon by the public or legislative proposal.
      8. Harvests, collects, or discloses information about another user without his or her express written consent.
      9. Transmits any harmful, invasive, or disruptive code or other materials (such as viruses, worms, or web bugs).
    7. Social media and various official Toastmasters forums tend to involve many participants. They are generally not the best place for members to express frustrations with Toastmasters in leadership above, below or at their level. Communications that contain criticism, complaints, accusations, allegations, etc., are more properly directed through personal conversations, phone calls, or emails through official channels established to address such problems, rather than broadcast via social media and forums. This is the better way to resolve differences while minimizing damage to the goodwill and social fabric of Toastmasters International.
    8. Toastmasters International is not responsible for the content of others. You are solely responsible for your content. You may not indicate that your content is anything other than your own observations or opinions. You may not represent that your statements are made on behalf of or are endorsed by Toastmasters International unless you are specifically authorized to do so in writing.
    9. ANY behavior that is patently offensive is forbidden, whether specifically identified on this list or not.
    10. Social media enables opportunities for immediate and easy transmission of information. Users shall always obtain prior written permission before posting the comments or work of another. Posting information about other individuals requires prior written consent; examples include but are not limited to: re-posting letters, re-using recommendations solicited using another social medium, videos and photographs.
  2. All individuals must adhere and comply with Policy 3.0: Ethics and Conduct.
  3. Comply with all applicable local, state, national, and international laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements. Toastmasters International has the right, but not the obligation, to modify or remove any content that appears on any official Toastmasters forum, and to restrict, suspend or terminate the access of any user, that violates this Conditions of Use, and to take appropriate disciplinary action under the Bylaws, Policies and Protocols of Toastmasters International. 

User Generated Content

By placing, submitting, displaying, transmitting, and/or posting material or content on this Site, including, but not limited to, text, messages, comments, data, music, audio, photographs, images, graphics, animations, designs, ideas, video, sound recordings, other audio-visual content, code or other material (collectively, “User Content”), you acknowledge that while District 56 Toastmasters is not obligated to prescreen, review, monitor, or edit User Content, Toastmasters reserves the right to delete, remove, modify, move, block or refuse (without your notice or permission) any User Content for any reason. While District 56 Toastmasters reserves the right to moderate the Social Media, District 56 Toastmasters is not responsible in any manner for any of the content that Users post. The term “User Content” also includes, without limitation, and refers to all of the information you submit or District 56 Toastmasters may receive related to your account. “Post” and “posting” means, including, but not limited to, to upload, post, transmit, share, store, link or otherwise make available on or through this Site.

You own the User Content and the information you provide to District 56 Toastmasters under these Conditions of Use, and may request its deletion at any time, unless you have shared User Content or information with others and they have not deleted it, or it was copied or stored by other Users. Additionally, you automatically grant to District 56 Toastmasters a worldwide, perpetual, royalty-free, irrevocable, nonexclusive, and sublicensable license to the User Content and any information you provide District 56 Toastmasters, indirectly or directly, including without limitation the rights of District 56 Toastmasters to use, copy, reproduce, distribute, modify, adapt (including without limitation the rights to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies), publish, reformat, display, perform, broadcast, transmit, exhibit, excerpt, translate, host, cache, index, encode, tag, archive, store, create derivative works from and otherwise exploit all or portions of the User Content you post, upload, incorporate, or make available on this Site, Social Media, and any website owned by District 56 Toastmasters,  including any User Content posted on or to this Site or Services through a third party, in any form, format, medium, or technology now known or later developed for any purpose, including advertising and promotion without accounting, notification, credit or other obligation to you, and the right to license and sublicense and authorize others to exercise any of the rights granted to District 56 Toastmasters, in District 56 Toastmasters sole discretion. You automatically waive all “moral rights” with respect to the posted User Content in perpetuity. You grant District 56 Toastmasters the right to use any material, information, ideas, concepts, know-how or techniques contained in any User Content you provide or otherwise submit to District 56 Toastmasters for any purpose whatsoever, including but not limited to, commercial purposes and developing manufacturing and marketing commercial products using such information. You will not be entitled to any compensation for any of the rights you grant to District 56 Toastmasters in and to User Content or in this paragraph. You authorize District 56 Toastmasters to use your name, likeness, and any other personal or biographical information in connection with use of the User Content you provide. You agree that District 56 Toastmasters may use or disclose information about you or your use of this Site without your consent or notice, including User Content, to comply with laws and requests by governmental or regulatory agencies, to protect and/or defend District 56 Toastmasters’ rights or property, or to protect the safety of District 56 Toastmasters, our employees and membership, or the public.

District 56 Toastmasters takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by Users or any third party, or for any loss or damage, including on any third party social networking websites in which Toastmasters maintains a profile. Nor is District 56 Toastmasters responsible or liable for any mistakes, defamation, slander, libel, omissions, obscenity or pornography that exists on this Site, or third party social networking websites in which District 56 Toastmasters maintains a profile, or that User may encounter. District 56 Toastmasters does not guarantee the accuracy, integrity, or quality of User Content. District 56 Toastmasters does not endorse or support any opinions expressed in any User Content or on any third party social networking websites in which District 56 Toastmasters maintains a profile and makes no claim that Social Media or User Content is appropriate for any particular purpose or audience. All User Content is the sole responsibility of the person who provided it.

Representations and Warranties

Each time you post or upload User Content, you confirm your acceptance of and agreement to be bound by these Conditions of Use and the other terms that also govern and apply to your use of this Site, as they are incorporated by reference. You are solely responsible for User Content that you post or provide on this Site and on third-party social networking websites in which District 56 Toastmasters maintains a profile. By posting any content on this Site and/or Social Media, you automatically agree to indemnify District 56 Toastmasters from and against any and all third-party claims, demands, liabilities, costs or expenses, including reasonable attorneys’ fees, resulting from your breach of these Conditions of Use and those terms incorporated herein and the below posting restrictions.

By placing, submitting, displaying, transmitting, and/or posting User Content on or through this Site or Services, you represent and warrant that: 

  • You own all of the rights to User Content that you post or otherwise have all necessary rights to post such User Content and grant Toastmasters the rights set forth in these Conditions of Use to use such User Content;
  • User Content and other materials submitted by you does not violate or infringe upon the rights of a third party, including, but not limited to, copyright, trademark, privacy, or other personal or proprietary rights;
  • User Content will not cause injury to any person or entity and does not contain libelous or otherwise unlawful material; and
  • Use and posting of User Content and other materials does not violate these Conditions of Use.

Use of this Site

When using Social Media and submitting any User Content you must:

  • Comply with all applicable laws and these Conditions of Use;
  • Be respectful–do not insult, threaten, harass, or abuse; do not use profanity or obscene language. Hate speech or discrimination of any kind is grounds for immediate suspension of access to this Site; and
  • Protect yourself–do not reveal personal/confidential or proprietary information

You shall NOT submit, upload, or post to this Site or Social Media any User Content that:

  • Violates a person’s or entities’ rights, including copyright, trademark or patent rights or other proprietary rights;
  • Contains music, photographs, art or images that you do not own or have permission to use;
  • Contains the name, trademark, trade name, service mark or logo of another party;
  • Contains the voice, likeness, or image of any person, firm or enterprise for which you do not have permission to post; or libels, defames or invades the privacy rights of any person;
  • Falsifies or deletes author attributions, legal notices or other proprietary designations;
  • Contains viruses, corrupted files or other materials that may cause damage to another’s computer;
  • Advertises or otherwise solicits funds, or promotes or offers for sale or trade any goods or services, except in areas of this Site specifically designated;
  • Interferes with any third party’s use of this Site;
  • Is or contains political campaigning, junk mail, spam, repetitive messaging chain letters, pyramid schemes or solicitations;
  • Is inaccurate, false, misleading or fraudulent; or
  • Contains any contact information or private information of any third party.

In using this Site or Social Media, you shall not:

  • Violate any law or advocate the performance of any illegal activity;
  • Collect contact information of other Users of this Site by electronic or other means for any purpose whatsoever, including, but not limited to, sending unsolicited e-mails or other unsolicited communications;
  • Use or attempt to use another User’s account or password;
  • Impersonate any person or entity, or otherwise misrepresent yourself, your age or your affiliation with District 56 Toastmasters or any other person or entity;
  • Solicit personal information from anyone, including those under 18, or solicit passwords or personally identifying information for commercial or unlawful purposes;
  • Upload or transmit viruses or other harmful files, materials, or code;
  • Impose a large load on the infrastructure of this Site or any systems or networks connected to this Site; and/or
  • Interfere with, attempt to interfere with or otherwise harm or violate the proper working of this Site or the security of this Site, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through this Site.

Any use of Social Media or this Site in violation of the foregoing violates these Conditions of Use and may result, among other actions, in termination or suspension of your rights to use Social Media and/or this Site. Any decision as to whether User Content violates these Conditions of Use or District 56 Toastmasters’ posting rules will be made in District 56 Toastmasters’ sole discretion.

Violations of these Terms of Use

District 56 Toastmasters reserves the right, without notice and in its sole discretion, to terminate your access to this Site and/or block your access to this Site if District 56 Toastmasters determine that you have violated these Conditions of Use or other agreements or terms which may be associated with your use of this Site. In the event of termination of your use of this Site for any reason, you agree that the following provisions of these Conditions of Use will survive: limitations on your use of Site Content, copyright complaints, trademark complaints, the license(s) you have granted to District 56 Toastmasters, warranties, disclaimers, indemnification, limitation of liability, applicable law and disputes. If District 56 Toastmasters does take legal action against you as a result of your violation of these Conditions of Use, District 56 Toastmasters will be entitled to recover from you all reasonable fees, including attorney fees, and costs of such action, in addition to any other relief District 56 Toastmasters may have at law or in equity.

Site Policies, Modification, and Severability

District 56 Toastmasters reserve the right to make changes to our website, policies and these Conditions of Use at any time without notice. All changes are effective immediately when District 56 Toastmasters post them and apply to all access to and use of the Website. No waiver by District 56 Toastmasters of any term or condition set forth in these Conditions of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of District 56 Toastmasters to assert a right or provision under these Conditions of Use shall not constitute a waiver of such right or provision. If any of these conditions shall be deemed invalid, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

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