Effective as of 10/01/2008
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.
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. Except as specified below, 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. We may collect a child’s email address or IP address in order for the child to register to use our Website. We do not use personal information collected from children for any purpose except the internal administration of our Website, and do not share the information we collect with third parties. However, we do allow children to post craft ideas and projects to our public areas, which may result in the disclosure of personal information to the public. If a child enters a contest, we may also collect additional information, such as a home address, in order to deliver the prize.
A parent may review his or her child’s personal information, may limit further collection or use of the child’s information, and may require us to delete it by contacting us at the address listed below. In order to access or give directions to us concerning a child’s personal information you must first establish that you are the parent or guardian of the subject child by providing a signed form sent to us via postal mail or facsimile providing your name, address, telephone number, and relationship to the child; providing a credit card for use in a transaction; calling us on our toll free customer support line; or sending us an email accompanied by a digital signature.
email@example.com. For all other inquiries, refer to the Customer Service section.
Effective as of April 24, 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:
- 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.
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
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).