Terms of Service for the SchoolAuction.net, Tofino Auctions, and PartySupporters.com services
This TOS contains provisions that you (“the Customer”) are required to apply to your customers and patrons (End Users). It is your responsibility to ensure that these provisions are included in contracts and other agreements with your End Users. You are responsible for your End Users under this TOS.
Northworld reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute the Customer’s consent to such changes. The most current version of the Terms of Service can be reviewed at any time at: http://www.schoolauction.net/terms
Violation of any of the terms below will result in the termination of the Customer’s Account. While Northworld prohibits such conduct and Content on the Service, you understand and agree that Northworld cannot be responsible for the Content posted on the Service and the Customer may nonetheless be exposed to materials that violate this Agreement. The Customer agrees to use the Service at their own risk.
Account Terms for the Customer
1. You must be 18 years or older to use this Service.
2. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
3. You are responsible for maintaining the security of your account(s) and password(s). Northworld cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
4. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
5. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
6. By signing up for products with limitations in features and/or quantity, the Customer is acknowledging those limitations and attempts to violate those limitations will lead to immediate termination of the agreement and deletion of the contents.
Payment and Refunds Terms
1. The Service is billed in advance on a yearly or single event basis and is non-refundable. There will be no refunds or credits for partial years of service, or years unused with an open account. In order to treat everyone equally, no exceptions will be made.
2. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
Cancellation and Termination
1. You are solely responsible for properly cancelling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by submitting your cancellation request in writing to:
1631 NE Broadway #139
Portland, OR 97232-1425
2. All of your Content may be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
3. If you cancel the Service before the end of your current paid up year, your cancellation will take effect immediately.
4. Northworld reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
1. Northworld reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with 30 days notice.
2. Prices of all Services, including but not limited to yearly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Tofino Auctions Site (www.tofinoauctions.com) or the Service itself.
Limitation of Liability
1. You agree that Northworld has no liability, whatsoever, for (i) content that you or an End User access from the Internet; (ii) for unauthorized access to, or any corruption, erasure, theft, destruction, alteration or inadvertent disclosure of, data, information or content, transmitted, received, or stored on our system; and/or (iii) for your inability to access the publicly switched telephone network.
2. IN NO EVENT WILL NORTHWORLD’S LIABILITY HEREUNDER EXCEED THE FEES ACTUALLY RECEIVED BY NORTHWORLD FROM YOU FOR THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. FOR THE PURPOSES OF THIS PARAGRAPH ONLY, THE TERM NORTHWORLD SHALL BE INTERPRETED TO INCLUDE NORTHWORLD’S EMPLOYEES, AGENTS, OWNERS, DIRECTORS, OFFICERS, AFFILIATES, AND THIRD PARTIES PROVIDING SERVICES TO YOU THROUGH NORTHWORLD.
3. THE CUSTOMER AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CUSTOMER WILL NOT UNDER ANY CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, GROSS NEGLIGENCE, HOLD NORTHWORLD OR ITS LICENSORS, AGENTS, EMPLOYEES, OFFICERS AND/OR THIRD PARTY VENDORS, LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST SAVINGS, REVENUE, BUSINESS, DATA OR USE, OR ANY OTHER PECUNIARY LOSS BY YOU, ANY OF YOUR END USERS OR ANY OTHER THIRD PARTY. YOU AGREE THAT THE FOREGOING LIMITATIONS APPLY WHETHER IN AN ACTION IN CONTRACT OR TORT OR ANY OTHER LEGAL THEORY AND APPLY EVEN IF NORTHWORLD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; YOU AGREE THAT IN THOSE JURISDICTIONS NORTHWORLD’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Copyright and Content Ownership
1. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your Content.
2. Northworld does not pre-screen Content, but Northworld and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
1. The Customer’s use of the Service is at their sole risk. The service is provided on an Òas isÓ and “as available” basis.
2. Technical support is available via email, and, on the day of the auction only, via telephone.
3. The Customer understands that Northworld uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
4. The Customer must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Northworld, or any other Northworld service.
5. The Customer agreex not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Northworld.
6. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any partyÕs intellectual property or these Terms of Service.
7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Northworld customer, employee, member, or officer will result in immediate account termination.
8. The Customer understands that the technical processing and transmission of the Service, including Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
9. The Customer must not transmit any worms or viruses or any code of a destructive nature.
10. The failure of Northworld to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between the Customer and Northworld and governs the use of the Service, superseding any prior agreements between you and Northworld (including, but not limited to, any prior versions of the Terms of Service).
11. Questions about the Terms of Service should be sent to info at northworld dot com.
Responsibility for Compliance with PCI Regulations
Customer is responsible for following all applicable PCI compliance regulations.
All system used during event should follow PCI compliance guidelines not limited to:
A. System should ideally be a clean operating system install with all current security patches.
B. System should be password protected.
C. System should contain firewall, spyware, virus, and intrusion detection software.
D. Ideally a full system scan for viruses and spyware should be performed immediately before the event.
Please speak to your bank regarding PCI requirements and how they affect your event.