Effective as of May 1, 2012
Permitted Uses; Limited License
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 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:
1. 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
2. Use and permit to be used your name, whether in original or modified form, in connection with the Works as we may choose, and
3. Display, perform, exhibit, distribute, transmit or broadcast the Works by any means now known or hereinafter to become known.
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 on the Website, (including but not limited to FISKARS BRANDS, INC.’s names and logos, the Fiskars names and logos, including orange-handled scissors) are trademarks or registered trademarks of FISKARS BRANDS, INC. (collectively referred to as the “FISKARS Marks”). Any copying, distributing, displaying or other use the FISKARS Marks (for example, on any products, as a part of a domain name, or in any advertising or marketing) strictly prohibited, unless specifically authorized in writing by 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
A poster of allegedly infringing material may make a counter notice pursuant to Sections the DMCA. When FISKARS BRANDS, INC. receives a counter notice, it may reinstate the material in question. To provide a counter notice to us, please provide the following information to our Designated Copyright Agent.
1. Identification of the material that has been removed or to which access has been disabled on the Website and the location at which the material appeared before it was removed or access to it was disabled.
2. A statement as follows: "I hereby state under penalty of perjury that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled."
3. Your name, address, telephone number and, if available, email address.
4. A statement as follows: “I hereby consent to the jurisdiction in the state or federal courts located in Wisconsin, and I will accept service of process from the complaining party who notified us of the alleged infringement or an agent of such person.”
5. Provide your full legal name and your electronic or physical signature.
The Counter Notice should be delivered to the following Designated Copyright Agent of FISKARS BRANDS, INC.:
Erin Ziaja, Legal Services Coordinator
Fiskars Brands, Inc.
2537 Daniels Street
Madison, WI 53718
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.
Assignment and Delegation of Rights
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.
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.
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).
INFORMATION - HOW WE GET IT AND HOW WE USE IT
When you register on our sites, purchase products, or enter contests, you will be providing personal information to our company. Personal information includes your name, phone number, address, e-mail and other information by which you can be personally identified.We also collect usage information from you when you visit us. Web site usage information is not personally identifiable information. It describes how our Web site is used and navigated, including the number and frequency of visitors to each Web page and the length of their stay. Web site usage information also includes the domain names of browsers that visit our Web site, time of day the Web site was visited and other non-personally identifiable information.On some FISKARS BRANDS, INC. sites you may register to receive periodic updates via email. One of the services these sites offer to you when you register is to notify you by e-mail about new products and services available from FISKARS BRANDS, INC. or from trusted third marketing partners. These notices and offers will be targeted to your individual preferences and tastes.FISKARS BRANDS, INC. believes that knowing more about you will enable us to serve you better. It permits us to personalize the content and services we offer to you. It also permits us to target advertising for products or services to your interests and tastes and avoid repeatedly showing you the same ad.