Fiskars Finland Oy Ab
Hämeentie 135 A, P.O.Box 130
FI-00561 Helsinki, Finland
Tel +358 20 43 910

Helsinki 12 September 2016

Agreement on Fiskars Material Bank

Fiskars Group Material bank's Policy

Fiskars' brands are a very valuable part of the intangible assets of Fiskars Group. The purpose of this Agreement is to secure that Fiskars Group’s brands will be used in a consistent way.


Parties to this Agreement are Fiskars Finland Oy Ab (hereinafter “Fiskars”) and the co-operation party (hereinafter “the User”), to whom Fiskars grants the access to use the Fiskars Material Bank service.


Material Bank service ("the Service") means the network service including content asspecified below provided by Fiskars, and which can be used based on and according to this Agreement. “The User” means a person / an entity entitled by this Agreement to use the Service. "The Content" means all materials made available in the Service by Fiskars or third parties in any form, such as images, logos, articles, advertisements, instructions and guides etc. "The System" means equipment, servers and software used by Fiskars and its co-operation partners to maintain the Service.


3.1. Content provided by Fiskars and other Content to which Fiskars has any rights

All proprietary and other rights to any Content in the Service (including, but not limited to copyright, trademark and other intellectual property rights) belong to Fiskars or Fiskars' suppliers and subcontractors.
Based on this Agreement Fiskars does not grant to the User any other rights in and to the Content than expressly agreed upon in this Agreement.

3.2. Use of the Content

The Service contains Content protected by copyright, trademark and other intellectual property rights that may only be used in accordance with the terms of this Agreement and other specific terms given in the Material Bank.

Trademarks must be used properly and consistently and according to Fiskars' instructions given in the Service. The trademarks of Fiskars must be used properly in order to avoid dilution. The User has the right to use the Service and the Content as instructed or otherwise approved by Fiskars for purposes of promoting and advertising Fiskars and its products, as well as for editorial communications regarding Fiskars and its products published in the interest of Fiskars.

Any use of the Content for other purposes without a prior written consent of Fiskars is expressly forbidden. The right of use may be limited for time, for geographical area or in some other way.

It is expressly forbidden to alter the Content in any way, by for example deleting some parts, adding any elements to the Content etc. If the User would like to ask for a special permission to edit the Content for his/her use, the User must contact Fiskars in writing and ask for a prior written consent, which Fiskars can give or reject based on its sole discretion.

The use of the Content is also subject to possible special conditions electronically transmitted with the Content in question. The User is responsible for ensuring that any Content he acquires through the Service is not used or published against the terms of this Agreement or against other instructions given by Fiskars in the Material Bank.

The User have in no circumstances any rights to register any trademarks, company names or domain names including Fiskars' trademarks, company names, copyrighted material or other symbols.


4.1. Registration data

The User shall give to Fiskars all data requested by Fiskars in connection with registration. The User is responsible for keeping his/her requested data up to date and correct.

4.2. Username and password

Fiskars issues to the User a user specific and personalized username and password for the Service. The User is personally fully responsible for all use of the Service with his/her username and password. The User agrees to maintain his/her username and password confidential. The disclosure of the username and password to any other persons is expressly forbidden.

If the User ceases to use the Service, he/she shall immediately inform Fiskars and under no circumstances shall the username and the password be disclosed to another person or a third party even within the same organization.

The username and password are connected to the association which the User represents. If the User changes his / her working place, the User shall immediately inform Fiskars that he / she no longer works for said association and that the User’s username and password shall be deleted. The User may apply for new username and password representing his / her new working place.

4.3. Responsibility for equipment and use

The User is responsible for obtaining all necessary equipment and software for the use of the Service. The User is responsible for ensuring that such equipment and software do not cause disturbances, interruptions or damage to Fiskars, the Service or other Internet users. The User is responsible for using the Service in a way that does not cause disturbance to other users of the Service and does not violate the rights of other users, Fiskars or third parties.

4.4. Responsibility for intellectual property rights

The User undertakes not to save, distribute or use any Content protected by copyright, trademark or other intellectual property rights in a way that violates this Agreement or any special conditions given in the Material Bank regarding the Content.
It is the User’s sole responsibility to comply with all possible use restrictions and / or limitations given in the Material Bank before using such Content. The User is liable for all costs, loss, expenses and damages caused to Fiskars and/or the owners of the intellectual property rights to the Content due to the User’s use of the Content against the terms of this Agreement or law, for all work incurred by settling the matter as well as any costs and damages (including but not limited to reasonable attorney’s costs and fees) incurred by such activities.

4.5. Other terms

The Service as such is protected by copyright in accordance with Finnish copyright laws and international treaties. The User may not sell or otherwise transfer the Content or any part thereof. It is expressly forbidden to include the Service or part thereof in the User’s own web site or to provide links to the Service. Notwithstanding to aforesaid, the Service itself may include a functionality to provide links for a limited use as provided by Fiskars.
The User is held liable to Fiskars and/or any party whose rights the User has violated for any misconduct and activities that are against the law and/or the terms of this Agreement.

4.6. Data security

The User acknowledges that the Internet as an operating environment may cause disturbance in the operation of the Service and the System and that data security is a risk in current information systems. The User is solely responsible for appropriate protection of his own equipment and software.


5.1. Responsibility for the Content operability

Fiskars is responsible for obeying the applicable laws related to the Content which Fiskars provides for the Service. Fiskars does not assume responsibility for any information provided in the Service being up to date, error-free or complete, or any information in the Service being usable as such. Information presented in the Service does not constitute an offer, assurance or warranty about Fiskars' products or services. Fiskars is not responsible for the conformity of the Content or any other information available in the Service to any law other than the laws of Finland.

Fiskars shall use its best efforts to keep the System continuously operable, but does not assume responsibility for the operability of the System caused by technical problems or service work. Fiskars is not responsible for any change or loss of data thereby incurred. Fiskars attempts to repair any disturbances in the Service as soon as possible after receiving such notification.

5.2. Right to change the User's user identification and to deny use

Fiskars is entitled to change the User’s username, password and other user information based on reasonable grounds. Fiskars has the right to revoke the User’s right to use the Service at any time based on its sole discretion.

5.3. Right to modify, suspend and terminate the Service

Fiskars has the right to provide the Service in any way it deems best and to modify the Service as necessary. Fiskars has the right to suspend or terminate the Service at any time and for any reason.

5.4. Data security

Fiskars makes its best effort to ensure that the Service meets reasonable data security requirements, but does not assume responsibility for any damage to the User caused by faults or risks in data security, such as but not limited to computer viruses.

5.5. Damages

Fiskars cannot be held responsible for any damage to the User through loss of data in a public data network or a data network owned or used under contract by the User. Fiskars is not responsible for any damage, loss or inconvenience directly or indirectly caused by equipment failure, connection failure or loss of data, or that the Service might not be usable in whole or in part. Fiskars has the right to modify and remove properties and software in the Service without prior notice and Fiskars is not responsible for any damage or costs caused thereby to the User. Fiskars does not in any case assume responsibility for any indirect or consequential damages possibly caused to the User in relation to the Service.


Fiskars will process the information given by the User and obtained from the Service basedon the use of the Service in its customer and co-operation partner database. The information will be processed only for purposes related to the Service and its management. The User’s data will be saved for the duration of the user agreement and for a maximum of three years after the termination of the relationship.


Fiskars has the sole right to amend the terms of this Agreement. Fiskars places theamended Agreement terms into the Service at least one (1) month before the amended terms become valid. Fiskars will put a notice stating that amendments have been taken place in the Service.

If the User does not accept the informed amendments, the User must inform Fiskars of non-acceptance and cease using the Service. Fiskars will cancel the User’s username accordingly. Use of the Service by the User after having been informed of the amendments will be regarded as acceptance of the amendments.


Fiskars has the right to transfer this Agreement and any rights and obligations arising fromthe Agreement to another company belonging to same group of companies with Fiskars. The User may not transfer this Agreement to a third party, even in the same group of companies.


This Agreement becomes effective for Fiskars when Fiskars accepts the User’s registration to the Service and supplies the User with his username and password. This Agreement becomes effective for the User when the User logs himself in to the Service for the first time and accepts the terms of this Agreement by crossing the applicable box.

This Agreement is valid until further notice. It can be terminated by giving 7 days notice, unless otherwise agreed. Notice must be given by e-mail or in another written form. Fiskars may also give notice of termination by posting the notice on the Service. When the Agreement is terminated, the rights to use the Service and any Content related to it according to this Agreement will expire. The terms concerning the responsibilities of the parties to the Agreement will remain effective even after the termination.

The right to use the Service and any Content therein ceases immediately when this Agreement is terminated. The applicable responsibilities of the Parties shall be in force also after the termination of this Agreement. The ceasing of the rights applies also to the Content taken from the Service during the User’s right to use the Service, i.e. the User is not entitled to continue the use of any Content taken from the Service after the termination of this Agreement.


This Agreement is governed by the laws of Finland, excluding its choice of law regulations.Any disputes arising out of the agreement will be solved primarily through negotiation. If thedispute cannot be resolved through negotiations, the dispute will be solved by the districtcourt of Helsinki in Finland as the first instance.