Terms and Conditions of Use
Effective as of November 5th, 2008
Please read these terms and conditions of use (“Terms of Use”) carefully. By accessing and using this Web site 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 Web site.
Changes to Terms of Use
We may change the Terms of Use at any time by posting revisions to the Web Site with a new effective date. Your continued use of the Web Site 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 Web site pursuant to these Terms of Use. We may change, suspend, or discontinue any aspect of the Web site 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 Web site. You shall have no rights to the proprietary software and related documentation, if any, provided to you in order to access the Web site. 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 Web site, 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 Web Site for your own personal use. You agree that you shall not duplicate, download, publish, modify or otherwise distribute the material on the Web site 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 Web site 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.
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, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination
Representations by You
By accessing or using the Web site, 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 Web site or for inclusion on the Web site 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.
License Granted by You
Some portions of our Web site may permit you to upload files, information, photographs or other materials or to make product suggestions. In consideration of your access to this Web site, 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 Web site, 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.
Copyright
The entire content of this Web site, 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 Web site 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 Web site 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 Web site is strictly prohibited, unless specifically authorized by FISKARS BRANDS, INC. You further agree not to change or delete any proprietary notices from materials downloaded from the Web site.
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.
Digital Millennium Copyright Act Policy
If you are notifying us of alleged copyright infringement, please be sure to provide the following information required by 17 U.S.C. Section 512:
- 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 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:
FISKARS BRANDS, INC. 2537 Daniels Street Madison, WI 53718 OR legal@fiskars.com.
FISKARS BRANDS, INC. does not knowingly collect information from our guests under 13 years of age or provide any personally identifying information from such guests to any third party for any reason whatsoever. We do not allow guests known to be under 13 years or age to receive direct marketing communications from FISKARS BRANDS, INC. or third parties.
Warranty Disclaimer
YOU EXPRESSLY AGREE THAT THIS WEB SITE AND THE MATERIALS AND PRODUCTS ON THIS WEB SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FISKARS BRANDS, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, 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.
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 THE PERFORMANCE OF THE PRODUCTS 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 Web site, or by other reliable method to the address you have provided to us.
Choice of Law; Jurisdiction; Venue
Your use of this Web site 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 Web site 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 Web site 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 conditions.
Assignment and Delegation of Rights
We may assign our rights and delegate our duties under these Terms and Conditions to any person at any time without notice to you.
Misuse of Web Site
Harassment in any manner or form on the Web site, 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 Web site is prohibited. You may not upload to, distribute, or otherwise publish through the Web site 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 Web site or use the Web site 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 Web site, 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 Web site, 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 Web site. 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 and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Web site using your Internet account.
Third-Party Links
This Site may link to Web sites 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 Web sites, all of which have separate terms and conditions of use and/ or privacy and data collection practices independent of FISKARS BRANDS, INC. These linked Web sites 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 Web site and the links placed upon it and therefore requests any feedback on not only its own Web site, but for Web sites 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 Web Site and supersedes all prior or contemporaneous communications and proposals between you and us with respect to the Web site. 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.
Privacy Policy
Effective as of November 5th, 2008
This Privacy Policy applies to information provided by you or collected by us when you visit the Fiskars School Web site and when you request information from us.
By using or accessing this Web site you are agreeing that we may use your information as stated in this Privacy Policy. If you do not agree to our use of your information according to this policy, do not use this Web site.
Our Privacy Policy does not apply to other Web sites you may visit, including those that may be linked to this Web site. We are not responsible for and cannot control the privacy or other practices of Web sites owned or operated by others.
Revisions
We may revise our Privacy Policy at any time by updating this posting, and your use after such change signifies your acceptance of the changed terms. Please check these terms of use periodically for changes. This policy is intended to help you understand how FISKARS BRANDS, INC. its subsidiaries and affiliates ("FISKARS BRANDS, INC.," "we," or "us") collect, use and safeguard the information you provide on our Web site.
Information We Collect; Cookies and IP Tracking
You may generally browse this Web site without providing any personal information. However, there are cases in which we may ask you for personal data. For example, we will occasionally conduct on-line surveys to better understand the needs and profiles of our visitors. In addition, we may request personal information when you register to receive additional information about our products and services, sign up for a newsletter, or send us a question. Even if you choose not to give information we request, you can still visit most of this Web site, but you may be unable to access certain options, offers, functions, and services.
In case you change your mind about providing us personal information, or wish to update or delete personal information, you can do this by contacting us as specified below.
We may use cookies or track the IP address of the computers you use to access our Web site. Cookies are small files of computer code that are placed on your computer to identify you and make it easier to access your favorite materials when you return to our Web site or to keep track of your actions on our Web site. We do not use cookies to track your browsing away from our own Web sites. If for any reason you wish not to take advantage of cookies, you may set your browser not to accept them. Should you elect to set your browser to not accept cookies, you man not have access to all features available on the website.
How We Use Your Personal Information
If you provide us with personal information we will use it to respond to requests you make, to complete purchases, and for other purposes you authorize or request. We will not automatically place you on any list to receive e-mail or for any phone marketing list.
Personal information provided by users who are 13 or more years of age may be used for marketing and promotional purposes only by FISKARS BRANDS, INC. and its subsidiaries and affiliates. We do not rent, sell or otherwise distribute to third parties, your personal information entered or collected on this Web site. While we use all reasonable efforts to safeguard the confidentiality of your information, you agree that we will have no liability for disclosure of any information obtained due to errors in transmission or the unauthorized acts of third parties. Fiskars also reserves the right to change or update this policy, or any other policy or practice, at anytime. Any changes or updates will be effective immediately upon posting to this Web site.
We may share statistical or aggregated non-personal information about our users with advertisers, business partners, sponsors and other third parties. This data is used to customize Web site content and advertising to deliver a better experience to our users.
We may provide your information to others as required or permitted by law, including in response to law enforcement inquiries, legal process, in connection with a sale or merger of all or part of our business, or in connection with a bankruptcy or similar proceeding. We reserve the right to disclose user information in special cases, when we have reason to believe that disclosing this information is necessary or appropriate to identify, contact, or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other Web site users, or anyone else that could be harmed by such activities. We may disclose personal information without notice to you in response to a subpoena or when we believe in good faith that the law requires it or to respond to an emergency situation.
Policies for Children Under 13 Years Old
We encourage parents and guardians to monitor and participate in their children's online activities. Unless you are viewing a Web site directed specifically to children, no information should be submitted to this site by users under 13 years of age and users less than 13 years old are not allowed to register for newsletters, clubs or activities. In addition, users less than 18 years of age are not allowed to make purchases or participate in contests, except for those specifically directed to children. Where appropriate, we may ask you to indicate your age to verify compliance with these policies.
We do not knowingly collect information from our guests under 13 years of age or provide any personally identifying information from such guests to any third party for any reason whatsoever. We do not allow guests known to be under 13 years of age to receive direct marketing communications from us or third parties.
Contact Information
This Web site is owned and operated by FISKARS BRANDS, INC. Questions about this Privacy Policy should be directed to:
FISKARS BRANDS, INC. 2537 Daniels Street, Madison, WI 53718 or legal@fiskars.com.
For all other inquiries, refer to the customer service page of the web site.