Terms and Conditions.

1. General

Welcome to somethingactive.com - by using or accessing somethingactive.com (the "Site"), you acknowledge that you are subject to the following terms and conditions (the "Terms"). You should read through the Terms carefully; they constitute a legally binding agreement. You are contracting with Something Active Limited ("we" or "us"). If you do not fully agree to these Terms, you may not access or otherwise use the Site.

Personal Use.
We do not charge travellers to access the Site and research listings. Accordingly, we grant users a limited, revocable, non-exclusive license to access the Site to, as applicable, advertise holiday rental properties and/or research, view or make legitimate enquiries to advertisers for their personal use, all in accordance with these Terms. Any other use of the Site is expressly prohibited.

Proprietary Rights and Downloading of Information From theSite.
The text, files, images, photos, maps and other materials on the Site (collectively, the "content") are only for your personal use. All content on the Site, and the Site itself, is protected by copyright and database rights, and you will abide by any and all additional copyright notices, information, or restrictions contained in or relating to any content on the Site. Copying or storing of any content for other than for your personal, non-commercial use is expressly prohibited without the prior written permission from us or the applicable copyright holder.

Unauthorized Use.
Unless otherwise provided within these Terms, or unless otherwise applicable law requires us to allow you to do so, you may not do any of the following without our prior written consent:
- Reproduce any portion of the Site on your website or otherwise, using any device including, but not limited to, use of a frame or border environment around the Site, or other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site;
- Copy, reproduce, upload, post, display, republish, distribute, or transmit any part of the content in any form whatsoever;
- Modify, translate into any language or computer language, or create derivative works from, any content or any part of this Site;
- Reverse engineer any part of this Site, save to the extent expressly permitted by applicable law;
- Sell, offer for sale, transfer, or license any portion of the Site in any form to any third parties;
- Use any robot, spider, other automatic device, or manual process to monitor, copy, or keep a database copy of the content or any portion of the Site;
- Use the Site other than to advertise and/or research activity holidays and to make legitimate enquiries to our advertisers;
- Use the Site to make any false, fraudulent or speculative reservation, or any reservation in anticipation of demand;
- Post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law or for any other purpose that is unlawful or prohibited by these Terms;
- Post or transmit any information that constitutes or contains false or misleading indications of origin or statements of fact;
- Use or access the Site in any way that adversely affects the performance or function of the Site, or any other computer systems or networks used by us or the Site, or infringes on our copyright or any copyright of our members;
- Violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of publicity or privacy or any other proprietary rights;
- Upload or transmit to the Site or use any device, software or routine that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere or attempt to interfere with, or intercept, the normal operation of the Site, or appropriate the Site or any system, or take any action that imposes an unreasonable load on our computer equipment, or that infringes upon the rights of any third party; or
- Disguise the origin of the information transmitted through the Site.

If you are aware of or experience any content, activity or communication through or in connection with the Site that appears to be in violation of the above, or in violation of any other provision of these Terms, we ask that you please inform us of any such violation by sending an email to This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

Changes to Site and Unavailability of Site.
We may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site features, database, or content, where we have legal, commercial or technical reasons to do so. We may also impose limits on certain features or services or restrict your access to parts or all of the Site for similar reasons.
There may also be times when the Site becomes inaccessible as a result of technical difficulties experienced by us or on the Internet. We will, however, use reasonable skill and care to overcome these difficulties where they are within our control. Please note, however, that we cannot guarantee continuous access to the Site or any of its specific features.

Responsibility for user-contributed content.
We have no duty to pre-screen content posted on the Site by members, travellers or other users, (collectively, "user-contributed content"), and we are not responsible for user-contributed content. We do, however, reserve the right to decline to permit the posting on the Site of, or to remove from, any user-contributed content that fails to meet our content requirements. We may also remove user-contributed content if it is brought to our attention.
All listings on the Site are submitted by the advertisers and are the responsibility of the advertisers, and we specifically disclaim any and all liability arising from the alleged accuracy of the listings, or any alleged breaches of contract on a advertiser's part.

Disclaimer.
We warrant that the Site will be provided with reasonable care and skill with the intention of meeting our technical specifications for the Site, but we cannot and do not guarantee that the Site will meet your requirements, including (without limitation) as to the availability or speed of delivery of the Site, any of its features of content, any communication through or relating to the Site, or any transaction you may enter into with other users. Except as expressly stated elsewhere in these Terms, all representations, warranties, conditions and other terms relating to the Site or any of its content, whether express or implied (by common law, statute, collaterally or otherwise) are hereby excluded, except in the case of our fraud or our fraudulent misrepresentation, or where such exclusion is not permitted by law. We do not warrant that the functions of the Site or any materials or content contained therein will be uninterrupted or error free, that defects will be corrected, or that the Site or the server that makes it available is free of viruses or other harmful components, although we will take reasonable steps to avoid ourselves introducing viruses or other harmful components to the Site.
You acknowledge that any transmission to and from this Site is not confidential and your communications may be read or intercepted by others.

Release.
In the event that you have a dispute with one or more other users (including, without limitation, any dispute between users regarding any transaction or user-contributed content), you hereby agree to release and discharge us from all liabilities, claims and expenses which arise out of or in connection with that dispute.

Choice of Law and Forum.
This Agreement shall be governed by and construed in accordance with the laws of England and Wales and subject to the non-exclusive jurisdiction of the English courts.

Amendments.
We reserve the right to change these Terms from time to time, and post the new version of these Terms. When we do so, we will notify users of the fact that there are changed Terms on the Site, and the new version of these Terms will take effect, and will govern this Site and your relationship with us.

Links to Third-Party Sites.
This Site may contain links and pointers to other Internet sites, resources, and sponsors of the Site. Links to and from the Site to other third-party sites, maintained by third parties, do not constitute an endorsement by us of any third-party sites or the contents thereof.

Your Record of These Terms.
We do not separately file the Terms entered into by each user of the Site. Please make a copy of these Terms for your records by printing and/or saving a downloaded copy of the Terms on your personal computer.

Miscellaneous.
These Terms are intended to constitute the entire agreement between us and you with respect to your use of the Site. We may immediately terminate any user's access to or use of the Site due to such user's breach of these Terms or other unauthorized use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of any such right or provision. If for any reason a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision shall deemed severed, and the remainder of these Terms shall continue in full force and effect
 

2. Advertising

Introduction.

In this contract the following expressions have the following respective meanings unless the context otherwise requires:

"Online publisher" means Something Active

"Advertiser" means the person or company identified on the order form.

“Campaign” means a single or series of advertisements

"Insertion order" means advertising order form.

"Website" means the particular website as detailed on the insertion order.

Terms of payment:
Advertisers will be invoiced on receipt of the insertion order. Payment shall be made in full to the online publisher before the campaign begins. The campaign will not start until funds have cleared. All payments to the online publisher hereunder shall be made in sterling and shall be exclusive of any V.A.T chargeable thereon which shall be payable by the advertiser in addition, where applicable. Payments can be made by cheque, electronic funds transfer or on-line through PayPal.Receipt of email confirmation of an order will be considered as acceptance of terms & conditions of the contract.

Advertisers Representations:
The advertiser warrants and represents to the online publisher that:

• it has the right to publish the contents of the advertisement, without infringement of any rights of any third party including, without limitation, intellectual property rights;
• it has complied with the codes of practice issued by the Advertising Standards Authority in respect of electronic and on-line advertising and all other relevant industry codes of practice;
• it will be fully responsible for the terms (including, without limitation, product description, price and compliance with all applicable laws and regulations) of any contract for the sale of goods or services to customers who have seen the advert displayed by the online publisher.

The advertiser agrees to indemnify the online publisher forthwith on demand and hold the online publisher harmless against any and all expenses, damages and losses of any kind (including reasonable legal fees and costs) incurred by the online publisher in connection with any claims, actual or threatened, of any kind (including, without limitation, breach of contract, any claim of trademark or copyright infringement, libel, defamation, breach of confidentiality, false or misleading advertising or sales practices) arising from the advertisement and/or any material of the advertiser to which users can link through the advertisement and any other contract entered into for the purchase of the advertised goods or services..

The advertiser will defend or settle at its own expense any action or other proceedings brought against the online publisher that relates to the advertisement and/or any material of the advertiser to which users can link through the advertisement. The online publisher shall notify the advertiser promptly of any such claim and shall permit the advertiser to assume and control the defence of such action with Counsel chosen by the advertiser (who shall be reasonably acceptable to the online publisher) and shall not enter into any settlement or compromise of any such claim without the advertiser's prior written consent. The advertiser shall pay any and all proper costs, damages and expenses (including but not limited to reasonable legal fees and costs) awarded against or incurred by the online publisher in any such action or proceedings.

The online publisher reserves the right to re-design parts of or the entire website as detailed in the insertion order and to re-position advertising and sponsorship accordingly without prior notice.

Positioning of advertisements is at the sole discretion of the online publisher except where a request for a specific preferred position is acknowledged by the online publisher in writing. Material must be received by the agreed date, otherwise position may be lost, reduced or, in the case of directory listings or fixed position advertisements, the insertion term may be reduced.

Cancellation Policy:
After a campaign has started all advertisements must run their contracted duration as per the insertion order form.

All contents of advertisements are subject to online publisher's approval. The online publisher reserves the right to reject or cancel any advertisement, insertion order, space reservation or position commitment at any time, or remove any advertisement from any website page controlled by the online publisher, or reject any URL link embodied within any advertisement.

Publication.
The online publisher will notify the advertiser by email that their advertisement has been added to the website.

The agreed duration will begin from notification by the online publisher.

The advertiser must notify the online publisher as soon as is reasonable by either email or fax of any inaccuracy or changes that need to be made.

The content of all ads incorporating data provided by a third party is not subject to the advertiser's prior approval but no warranty is given by the online publisher with relation to the accuracy of such advertisements. The online publisher does not undertake to review the contents of any advertisements and any such review of, and approval by, the online publisher shall not be deemed to constitute an acceptance by the online publisher that such advertisement is provided in accordance with the terms of the Agreement, nor shall it constitute a waiver of the online publisher's rights hereunder. The online publisher makes no warranty, express or implied, as to the accuracy of any advert. In the event that any advert is inaccurate, the advertiser's sole remedy is for the online publisher to remedy such inaccuracy within 2 working days of it being notified of the inaccuracy by the advertiser.

Limitation of Liability:
The online publisher will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with these terms and conditions for:

• any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
• any loss of goodwill or reputation; or
• any special or indirect or consequential losses;

In any case whether or not such losses were within the contemplation of either party at the date on which the event giving rise to the loss occurred, suffered or incurred by a party arising out of or in connection with the provisions of any matter under these terms and conditions. In particular, and without limitation, the advertiser acknowledges that the online publisher will not be liable for such losses whether arising from a failure to publish an advertisement, or from the inaccuracy of any data contained in any advertisements (whether such inaccuracy arises from any action, or failure to act, of the online publisher, the advertiser or a third party).

Nothing in these terms and conditions shall exclude or limit the online publisher's liability for death or personal injury resulting from its negligence or that of its servants, agents or employees.

Subject to the above, the liability of the online publisher in contract, tort, negligence, pre-contract or other representations or otherwise arising out of or in connection with these terms and conditions or the performance or observance of its obligations under these terms and conditions, and every applicable part of them shall be limited to the amendment of any inaccurate data in accordance with Section 9 above or in the event that the online publisher fails to electronically publish an advertisement, the advertiser's sole remedy and the online publisher's entire liability to the advertiser shall be limited at the online publisher's option to either a refund of the advertising fee or relevant portion thereof, or placement of the advertisement at a later time in a comparable position.

The advertiser acknowledges that any website on which an advert is displayed is provided on an "as is" and "as available" basis without any representation or endorsement. The online publisher makes no warranties of any kind, whether express or implied, in relation to such website, including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade or that the website will meet any requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the website or the server that makes it available are free of viruses or bugs or are fully functional, accurate, or reliable.

The online publisher shall have the right to hold the advertiser or its agent liable for such monies as are due and payable to the online publisher for advertising which the advertiser or its agent ordered and which advertising was published and displayed.

The online publisher is not liable for delays in delivery and/or non-delivery in the event of any situation beyond the control of the online publisher.

No conditions other than those set forth in the insertion order or this shall be binding unless expressly agreed to in writing. In the event of any inconsistency between the insertion order and this Agreement, this Agreement shall prevail.

Miscellaneous.
These terms and conditions (as amended from time to time) together with any document expressly referred to in any of the terms, contains the entire agreement between the parties relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or verbal, between the parties in relation to such matters. No verbal explanation or verbal information given by any party shall alter the interpretation of these terms and conditions. Each party confirms that, in agreeing to these terms and conditions, it has not relied on any representation save insofar as the same has expressly been made a representation in these terms and conditions and agrees that it shall have no remedy in respect of any misrepresentation which has not become a term of these terms and conditions save that the agreement of each party contained in this.

The invalidity, illegality or unenforceability of any provision of these terms and conditions shall not affect or impact the continuation in force of the remainder of these terms and conditions.

Nothing in these terms and conditions shall be construed as creating a partnership or joint venture of any kind between the parties or as constituting either party as the agent of the other party for any purpose whatsoever and neither party shall have the authority or power to bind the other party or to contract in the name of or create a liability against the other party in any way or for any purpose.

These terms and conditions shall be governed by and construed in accordance with English law and the parties hereby submit to the non-exclusive jurisdiction of the English courts in respect of any dispute or matter arising out of or connected with these terms and conditions.