SERVICE PROVIDER

Decision Manager is licensed to Wedding TV Ltd by Skimbit Ltd. These Terms of Use apply to both Skimbit and its licensors.

Introduction

Skimbit reserves the right to update and change these Terms from time to time, without notice. It is your responsibility to check the terms regularly and your continued use of the Service after changes are made to these terms constitutes an acknowledgment and agreement by you that you accept to be bound by the terms and any changes made to them. We may modify or terminate our Services, for any reason and without notice. We may terminate your Account and your My Scrapbook project pages if you breach these Terms.

Account Terms

• You must be 13 years or older to use this Service, in compliance with the Children's Online Privacy Protection Act of 1998.
• You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
• You must provide your legal full name and a valid email address
• You are responsible for the privacy of your account user name and password. Decision Manager will not be liable for any loss or damage that arises from a lack of compliance with this security obligation.
• Projects you have nominated as having a shared status of "public" may be promoted and used in marketing material by Decision Manager.

Use of Decision Manager Service

You are solely responsible for transmitting content to the Decision Manager Site and for its use on the Service. Upon transmission, you understand that all extracted content from the bookmarked pages is saved on the Decision Manager system and made available on a new web page ("Project Page"). If you choose to make this Project Page public, you understand that your bookmarks, the content extracted and any other content created on this Project Page will be made available to the public.

Because Decision Manager merely serves as a repository of information, user-posted content does not represent the advice, views, opinions or beliefs of Decision Manager, and Decision Manager makes no claim of accuracy of any user-posted material. Decision Manager cannot and does not screen the source sites or content before including them in our pages. A Decision Manager page may contain images, text, and links to sites and/or content that some people find objectionable, inappropriate, or offensive. We cannot guarantee that a Decision Manager page will not display unintended or objectionable content and assume no responsibility for the content of any site included in our pages or otherwise linked to by Decision Manager.

Decision Manager reserves the right to pull down project pages set with a sharing status of 'public', and their associated content (including checklists and notes on Next Steps page), without notice, if Decision Manager deems it to be objectionable, inappropriate or offensive.

Third Party Links and Advertising

Hyperlinks and pointers to websites operated by third parties will appear on My Scrapbook from time to time. These websites do not form part of My Scrapbook and are not under the control of Skimbit or its licensors. We do not have any responsibility for the content of any hyperlink or linked website. If you link to any such websites, you leave My Scrapbook and do so entirely at your own risk. My Scrapbook displays third party advertisements, which may or may not contain hyperlinks or referral buttons to websites operated by third parties. The display of such advertising does not in any way imply a recommendation or endorsement by Skimbit or its licensors or its related bodies corporate of the relevant advertiser, its products or services or any such linked website. If you contact a third party using functionality provided on My Scrapbook, including via e-mail, Skimbit and its licensors accepts no responsibility for any actions taken by that third party in response to your communication or for any transactions entered into between you and the relevant third party.

Your behaviour on Decision Manager

Without limiting the foregoing, you agree that you will not use our sites to take any of the following actions:

1. Defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others;
2. Publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
3. Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, our sites, any software or hardware, or telecommunications equipment;
4. Transmit, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
5. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
6. Restrict or inhibit any other user from using and enjoying any public area within our sites;
7. Interfere with or disrupt our sites, servers, or networks;
8. Impersonate any person or entity, including, but not limited to, a Decision Manager representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
9. Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our sites or to manipulate your presence on our sites;
10. Take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
11. Engage in any illegal activities.

If you choose a username that, in our sole discretion, is obscene, indecent, abusive or that might otherwise subject us to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your username, delete your posts from our sites, deny you access to our sites, or any combination of these actions.

 

Intellectual Property Policy

It is our policy to respond to notices of alleged infringement that comply with the Copyright Act 1968 (Cth).

The images referenced, made accessible or made available to you on these pages or by means of the Decision Manager Service are protected by the copyright and trademark laws of Australia and other countries. You may need to obtain authorization of the owner of such materials before using them for any purpose other than viewing on the web. For authorizations to use an image, please contact the image owner as indicated on the source site, not Decision Manager. Decision Manager cannot give you authorization to use the copyrighted images. Decision Manager reserves the right to remove any pictures or content without notice to you, any other user, or any third party.

We will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide us with the following:

1. A physical or electronic signature of the copyright owner or the person authorized to act on its behalf;
2. A description of the copyrighted work claimed to have been infringed;
3. A description of the infringing material and information reasonably sufficient to permit Decision Manager to locate the material;
4. Your contact information, including your address, telephone number, and email;
5. 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, its agent, or the law;
6. A statement that the information in the notification is accurate, and, under the pains and penalties of perjury, that you are authorized to act on behalf of the copyright owner.

 

Claims can be sent to: copyright at decision manager dot com.

Decision Manager does not encourage copyright infringement, and will respond to any requests from content owners to pull down infringing material. Decision Manager does not seek to take traffic away from copyright owners, but will always encourage users to return to their origin to complete their purchase once a decision has been made. Decision Manager deems its service to copyright owners is it makes it easier and more likely for users to return to their site to complete a sale.

Disclaimer of Warranties

Skimbit and its licensors disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the DECISION MANAGER SERVICE pages. Decision Manager disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. Decision Manager disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the DECISION MANAGER SERVICE.

THE DECISION MANAGER SERVICE, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE DECISION MANAGER SERVICE ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. DECISION MANAGER AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. DECISION MANAGER AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE DECISION MANAGER SERVICES. DECISION MANAGER AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE DECISION MANAGER SERVICES. DECISION MANAGER AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE DECISION MANAGER SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE DECISION MANAGER SERVICE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE DECISION MANAGER SERVICE.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE DECISION MANAGER SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL DECISION MANAGER OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE DECISION MANAGER SERVICE. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF DECISION MANAGER OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE DECISION MANAGER SERVICE, FROM INABILITY TO USE THE DECISION MANAGER SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE DECISION MANAGER SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE DECISION MANAGER SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE DECISION MANAGER SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE DECISION MANAGER SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE DECISION MANAGER SERVICE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE DECISION MANAGER SERVICE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE DECISION MANAGER SERVICE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstances shall Decision Manager or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

Miscellaneous Provisions

These Terms of Service will be governed by and construed in accordance with the laws of Australia, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.

These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by Decision Manager.