Terms of Use

All users (“Bidders”) who bid on and/or win an item (“Item”) being offered at National Cartoonists Society Foundation (collectively referred to as “Users”) shall be subject to the following terms of use (the “Terms of Use“), which Bidder hereby agrees to as a condition to such participation in any National Cartoonists Society Foundation auction. National Cartoonists Society Foundation reserves the right, in its discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes.

  1. PARTICIPATION RULES AND GUIDELINES. In addition to the other terms contained herein, all Users must be at least 18 years of age or older, have an e-mail address with access to the World Wide Web and have a valid credit card.
  2. SHIPPING OUTSIDE THE UNITED STATES AND CANADA. National Cartoonists Society Foundation items are not available for shipment outside of the United States and Canada. NCSF is not responsible for any damages or losses caused by third parties in connection with any shipment(s) to the winning Bidder. All bids listed are in U.S. dollars.
  3. PACKING AND SHIPPING. NCSF will arrange for the packing, handling and shipping of all purchased Items by a carrier and/or packer of NCSF choosing.  NCSF will insure the Item in the amount of the winning bid.  NCSF, the National Cartoonists Society, subsidiaries and affiliates, and donors of auction items and their publishers (collectively referred to as “NCSFGROUP”) are not liable for any acts or omissions of carriers or packers.
  4. PAYMENT. All sales are final and payment of the full purchase price of the Item by credit card shall be made to NCSF within two (2) days of the close of the auction for the Item. Payment will not be deemed to have been made and shipment will not be initiated until NCSF has collected good funds.
  5. BIDDER VERIFICATION: Please be advised that NCSF reserves the right to verify all Bidders. Any Bidder with a bid over five hundred ($500) dollars will be required to provide NCSF, within 24 hours of email notification from NCSF, with valid credit card information including without limitation the security code from back of the credit card and the billing address. Bidder hereby provides full consent to allow NCSF to pre-approve the Bidder’s credit card for the greater of the bid price by the Bidder or one thousand ($1000.00). NCSF reserves the right to block any Bidder if they fail to comply with this bidder verification process.
  6. DELIVERY. If NCSF is prevented by fire, theft, or any other reason from delivering any Item to the winning Bidder, NCSF’s liability shall be limited to refunding the amount received by NCSF for the Item, and shall in no event include any incidental or consequential damages.
  7. SALES ARE FINAL. All sales are final and all merchandise is provided “As Is”. Some Items may vary from actual picture. Items are new unless otherwise noted.
  8. RESTRICTIONS. At no time may the Bidder or Bidder’s successors or assigns use, or authorize or permit any person to use, any Item purchased through NCSF in any manner that implies any connection with, or sponsorship or endorsement by NCSFGROUP or which would disparage NCSFGROUP’s reputation, name, or any of its intellectual properties or otherwise infringe on NCSFGROUP. All rights reserved.
  9. USE OF NAME. In the event that the auction allows the winning bidder to have either his/her or another person’s name as a character name (for instance, using the name of the child of the winning bidder), the winning bidder has no approval rights to the character or its actions in the strip. The winning bidder AND the person whose name will appear (or their legal guardian if a minor) will be required to sign a release prior to publication.  There are no refunds. The winning bidder will receive the original strip art (Sunday and daily originals are in black and white). There is no specified date when the strip will run, but it will be put into the schedule within 6 months after the auction is over. Rights to reproduce the strip are not included. All other rights reserved.
  10. DISCLAIMER OF IMPLIED WARRANTIES. EXCEPT AS EXPLICITLY SET FORTH HEREIN, NCSF MAKE NO WARRANTIES NOR REPRESENTATIONS WHATSOEVER, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO NCSF’S OR THE ITEMS LISTED HEREIN, OR AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR AS TO THE SIZE, QUALITY, SAFETY, RARITY, IMPORTANCE, PROVENANCE, OR LITERARY, CULTURAL, SCIENTIFIC OR TECHNICAL RELEVANCE OF ANY ITEM OR ANY WARRANTY AS TO NON-INFRINGEMENT OR THAT THE ITEMS OFFERED ARE SUITABLE FOR ANY PURPOSE OTHER THAN AS COLLECTORS ITEMS OR THAT THE ITEMS HAVE AN OBJECTIVE RETAIL VALUE OR ARE SUITABLE FOR RESALE.
  11. LIMITATION OF LIABILITY. ALL USERS EXPRESSLY ACKNOWLEDGE AND AGREE THAT NCSFGROUP SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THE DISPLAY OR SALE OF ANY ITEM ON THE NCSF SITE, THE PURCHASE OF ANY PRODUCT FROM OR PARTICIPATION IN THE NCSF; USE OR INABILITY TO USE OR ACCESS THE NCSF WEBSITE; OR DEFECTS, DELAYS IN OPERATION, TRANSMISSION FAILURES OR OTHER FAILURE OF OPERATION ON THE NCSF AUCTION WEBSITE OR THE INTERNET.
  12. MISCELLANEOUS. Final determination as to winning bids shall be made by NCSF at NCSF’s sole discretion. If any dispute arises AFTER the sale, NCSF’s records will be conclusive. We reserve the right to reject any bids, to alter posted quantities, closing times, or to remove from sale or re-offer for sale Items which are disputed, posted elsewhere or fail to draw bids above the posted minimum bid. NCSF is not responsible for bids not processed or not being accepted due to technical difficulties of any kind, or for typographical or photographical errors that may appear in NCSF’s Web site. Auction bidding and/or sale will be void where prohibited. These terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. Bidder agrees that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Los Angeles County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. Because these Terms of Use are subject to change and Users will be bound by such changes, User’s should periodically visit this section to review the current Rules. NCSF reserves the right to terminate this agreement at any time without notice for any reason. Sections 4 and 6-11 shall survive termination of these Terms of Use.