Terms of Use

Fiskars Terms of Use

TERMS OF USE

 

Effective as of March 2013

 

Please read these terms and conditions of use (“Terms of Use”) carefully. By accessing and using the U.S. Fiskars website (the “Website”) you are agreeing to be bound by these Terms of Use, including our Privacy Policy. If you do not agree to these Terms of Use, please do not use this Website.

 

Changes to Terms of Use

 

We may change the Terms of Use at any time by posting revisions to the Website with a new effective date. Your continued use of the Website after a posted change in the Terms of Use shall indicate your agreement to the revised terms. You should review the Terms of Use from time to time to make sure that you are aware of the current Terms of Use.

 

Permitted Uses; Limited License

 

You are granted a limited, non-exclusive, revocable and non-transferable license to utilize and access the Website pursuant to these Terms of Use. We may change, suspend, or discontinue any aspect of the Website at any time. We may also, without notice or liability, impose limits on certain features and services or restrict or deny your access to all or portions of the Website. You shall have no rights to the proprietary software and related documentation, if any, provided to you in order to access the Website. Except as expressly provided in these Terms of Use, you shall have no right to directly or indirectly own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve, or create any new or derivative works from, or display, distribute, perform, or in any way exploit the Website, or any of its contents, in whole or in part. You are only authorized to visit, view, and retain a copy of pages of the Website for your own personal use. You agree that you shall not duplicate, download, publish, modify or otherwise distribute the material on the Website for any purpose other than for personal use, unless otherwise specifically authorized by us to do so. You also agree not to deep-link to the Website for any commercial purpose, unless specifically authorized by us to do so. You may not use this Site for any commercial purpose, such as to offer sales of merchandize or services, whether by advertising, solicitations, links, or any other form of communication, without prior written authorization by us.

 

Accuracy and Integrity of Information

 

Although we attempt to ensure the integrity and accurateness of the Website, we make no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Website and content thereon. It is possible that the Website could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Website by third parties. In the event that an inaccuracy arises, please inform us so that it can be corrected. Information contained on the Website may be changed or updated without notice. Additionally, we shall have no responsibility or liability for information or content posted to the Website from any non-Fiskars affiliated third party. We have made significant efforts to accurately display the colors of our products that appear on the Website. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

 

Typographical Errors and Incorrect Pricing

 

In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product / service listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit or debit card account in the amount of the incorrect price.

 

Order Acceptance

 

We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge.

 

Quantity Limits and Dealer Sales

 

We reserve the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. Please note that certain orders constitute improper use of FISKARS BRANDS, INC. and its services. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. We also reserve the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms of Use, reselling shall be defined as purchasing or intending to purchase any product(s) from Us for the purpose of engaging in a commercial sale of that same product(s) with a third party.

 

Online Payments

 

You can purchase FISKARS BRANDS, INC. products on the Site. If a credit card account is being used for a transaction, we may obtain preapproval for an amount up to the amount of the payment. If you enroll to make recurring payments automatically, all charges and fees will be billed to the credit card you designate during the setup process. If you want to designate a different credit card or if there is a change in your credit card, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information. You represent and warrant that if you are making online payments that (i) any credit card, debit card and bank account information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit/debit card company or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.

 

Term; Termination

 

We may limit or terminate your use of this Site at any time, for any reason or no reason, in our sole discretion. The provisions relating to Copyrights and Trademarks, Warranty Disclaimer, Limitation of Liability, Indemnification and any other provisions which would naturally remain in effect after termination of this Agreement or your rights to access and use the Website, shall survive any termination.

 

Representations by You; Content that You Provide

 

By accessing or using the Website, you represent and warrant that (a) you are at least 18 years old and (b) that all materials of any kind submitted by you through the Website or for inclusion on the Website will not plagiarize, violate, or infringe upon the rights of any third party including, without limitation, a third party’s trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or property rights. You further agree not to (1) post or transmit anything that is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) post or transmit a virus or any other harmful component, or (3) contact other site users through unsolicited e-mail, telephone calls, mailings or any other method of communication.

 

License Granted by You

 

Some portions of our Website may permit you to upload files, information, photographs or other materials or to make product suggestions. In consideration of your access to this Website, you agree that by providing files, information, photographs or other materials, product ideas, or information to us (“content or materials”), including by submitting or uploading content or materials for use on the Website, you represent and warrant that you or the owner of all rights to such content or materials has expressly granted us an irrevocable world-wide right in all languages and in perpetuity to use and exploit all or any part of the content and materials provided by you. These rights include, but are not limited to:

 

Reproduce, copy, modify, create derivatives in whole or in part, or otherwise use the content, materials, or ideas, or any part thereof in combination with or as a composite of other matter, including, but not limited to, text, data, images, photographs, illustrations, animation and graphics, video or audio segments of any nature, in any media or embodiment now known or hereafter to become known, including, but not limited to, all formats of computer readable electronic magnetic, digital, laser or optical-based media (the “Works”) for any purpose whatsoever, and

 

Use and permit to be used your name, whether in original or modified form, in connection with the Works as we may choose, and

 

Display, perform, exhibit, distribute, transmit or broadcast the Works by any means now known or hereinafter to become known.

 

By providing content or materials to us, you waive all rights and release and discharge us from, and shall neither sue nor bring any proceeding against any such parties for, any claim, demand, or cause of action, whether now known or unknown, for defamation, invasion of right to privacy, publicity or personality or any similar matter, or based upon or relating to the use and exploitation of any such content or materials. You agree that we may publish and distribute any such submitted content or materials at our sole discretion by any method now existing or later developed, but that we shall have no obligation to do so. You agree that you shall waive all claims and have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content or material submitted to us. Subject to the terms of our Privacy Policy, any communication or materials you send to us will be treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose, including, but not limited to, developing, creating, manufacturing, or marketing products or services.

 

Copyrights and Trademarks

 

The entire content of this Website, including but not limited to text, graphics or code, is copyrighted as a collective work under the United States and other copyright laws, and is the property of FISKARS BRANDS, INC. The collective work includes works that are licensed to us. Permission is granted to electronically copy and print hard copy portions of this Website for the sole purpose of placing an order with the fulfillment provider or purchasing FISKARS BRANDS, INC. products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Website solely for your own non-commercial use, or to place an order with the fulfillment provider or to purchase FISKARS BRANDS, INC. products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Website (for example, on any products, as a part of a domain name, or in any advertising or marketing) is strictly prohibited, unless specifically authorized in writing by FISKARS BRANDS, INC. You further agree not to change or delete any proprietary notices from materials downloaded from the Website.

 

All trademarks, service marks and trade names of FISKARS BRANDS, INC. used in the Web site, (including but not limited to FISKARS BRANDS, INC.’s name and logo, Fiskars name and logo and orange-handled scissors) are trademarks or registered trademarks of FISKARS BRANDS, INC.

 

Claims of Copyright Infringement; Digital Millennium Copyright Act Policy

 

We disclaim any responsibility or liability for copyrighted materials posted on our site. FISKARS BRANDS, INC. respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond promptly to notices of alleged infringement that are reported to FISKARS BRANDS, INC.’s Designated Copyright Agent, identified below. If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Website by sending us a notice ("Notice") complying with the following requirements.

 

A description of the copyrighted work that you allege is being infringed, or, if multiple copyrighted covered by a single notification, a representative list of such works;

 

A description of the allegedly infringing material and information sufficient to permit us to locate the material;

 

Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or an electronic mail address;

 

A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, or its agent, or the law; and

 

A statement by you that the information in the notification is accurate and that under penalty of perjury you have the authority to enforce the copyrights that are claimed to be infringed.

 

You should provide notice of any alleged copyright infringement to our designated agent as follows:

 

Erin Ziaja, Legal Services Coordinator
FISKARS BRANDS, INC.
2537 Daniels Street Madison
WI 53718

 

OR

 

legal@fiskars.com

 

Warranty Disclaimer

 

THE WEBSITE IS A FREE SERVICE PROVIDED BY FISKARS BRANDS, INC. ACCORDINGLY, YOU EXPRESSLY AGREE THAT THIS WEB SITE AND THE MATERIALS ON THIS WEB SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WARRANTIES RELATING TO PRODUCTS OFFERED, SOLD AND DISTRIBUTED BY FISKARS BRANDS, INC. ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FISKARS BRANDS, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THIS WEB SITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FISKARS BRANDS, INC. DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVER THAT MAKES THE WEB SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FISKARS BRANDS, INC. DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN THE EVENT APPLICABLE LAW PROHIBITS OUR ABILITY TO LIMIT OUR LIABILITY FOR DIRECT DAMAGES, AS THE WEBSITE IS A FREE SERVICE, THE MAXIMUM AMOUNT YOU CAN RECOVER FROM US IS ONE HUNDRED DOLLARS ($100.00). IF YOU ARE DISPLEASED WITH THE SITE YOU SHOULD SIMPLY CEASE USING IT.

 

Limitation of Liability

 

UNDER NO CIRCUMSTANCES SHALL FISKARS BRANDS, INC., OUR SUBSIDIARIES, AFFILIATES OR LICENSORS, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE THIS WEB SITE, THE MATERIALS ON THIS WEB SITE, OR INFORMATION AVAILABLE THROUGH THIS WEB SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF FISKARS BRANDS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

 

Delivery of Notice

 

We may deliver notice to you by means of e-mail, a general notice on the Website, or by other reliable method to the address you have provided to us.

 

Choice of Law; Jurisdiction; Venue

 

Your use of this Website shall be governed in all respects by the laws of the State of Wisconsin, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Website shall be in the state or federal courts located in Dane County, Wisconsin. You further agree and submit to the exercise of personal jurisdiction over you by such courts for the purpose of litigating any such claim or action.

 

Limitation on Period to Bring Claims

 

Any cause of action or claim you may have with respect to the Website must be commenced within one (1) year after the claim or cause of action arises.

 

Waiver, Estoppel

 

Our failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms and Use.

 

Assignment and Delegation of Rights

 

We may assign our rights and delegate our duties under these Terms of Use to any person at any time without notice to you.

 

Misuse of Website

 

Harassment in any manner or form on the Website, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a FISKARS BRANDS, INC. or other licensed employee, host, or representative, as well as other members or visitors on the Website is prohibited. You may not upload to, distribute, or otherwise publish through the Website any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Website or use the Website to solicit others to join or become members of any other commercial online service or other organization.

 

Participation Disclaimer

 

We do not and cannot review all communications and materials posted to or created by users accessing the Website, and we are not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the Website, we are merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any contents or activities on the Website. However, we do reserve the right to block or remove communications or materials that we determine, in our sole discretion, to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of our own or others; or (d) offensive or otherwise unacceptable to us.

 

Indemnification

 

You agree to indemnify, defend, and hold harmless FISKARS BRANDS, INC., its officers, directors, employees, agents, licensors, and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use, violation of applicable law, or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Website using your Internet account.

 

Third-Party Links

 

This Site may link to Websites operated by third parties. However, even if the third party is affiliated with FISKARS BRANDS, INC., FISKARS BRANDS, INC. has no control over these linked Websites, all of which have separate terms and conditions of use and/ or privacy and data collection practices independent of FISKARS BRANDS, INC. These linked Websites are only for your convenience and therefore you access them at your own risk. Nonetheless, FISKARS BRANDS, INC. seeks to protect the integrity of its Website and the links placed upon it and therefore requests any feedback on not only its own Website, but for Websites it links to as well (including if a specific link does not work).

 

Privacy Policy

 

Our Privacy Policy is part of these Terms of Use.

 

Complete Agreement

 

These Terms of Use (including our Privacy Policy) constitute the entire agreement between you and us with respect to the Website and supersedes all prior or contemporaneous communications and proposals between you and us with respect to the Website. If any provision of these Terms of Use is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect.