Last Updated April 29, 2010
Welcome to Active.
Please read these Terms and Conditions of use carefully before using or obtaining any content, products, or services through our website.
In this document, terms that commence with a capital letter are defined in this Section.
“Book” means to reserve.
"Content" means the text, documents, information, data, articles, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials that are stored or otherwise available on the Site. "Content" also includes Marks and Products and Services.
"Mark" means trademark, trade name, service mark, trade dress, logo, custom graphics, or icon.
"Member" means an entity or individual who has registered with the Site. Members choose a Member ID and a password.
"Member ID" means the e-mail address you use (with your password) to login to our Site.
"Active" or "we" means Active Media Services, Inc. and its subsidiaries and affiliates.
"Products and Services" means the hotel accommodations and other items available through the Site.
"Provider" means Active's licensors, suppliers, information providers, and travel and leisure service providers.
"Site" means this website, together with the respective Content, Marks, Products and Services available from this Site, as well as the software used to operate the Site.
As used herein “you” and “your” refers to a Member or authorized user.
SCOPE AND TERMS
These Terms govern your use of all Content, Products or Services available through the Site. You agree to be bound by these Terms, and to use the Site in strict compliance with all applicable laws, rulings and regulations, and in a manner that does not negatively reflect on the goodwill or reputation of Active and its Providers.
Additional terms may apply when you Book Products or Services. For example, hotels have cancellation and “late check-out” policies. You agree to abide by the terms and conditions imposed by any Provider, including payment of all amounts when due, and compliance with all rules and restrictions regarding the availability of Products or Services.
Minors (as defined under the laws of their jurisdiction or residence) are not eligible to register for, use or Book the Products or Services available on the Site. The Site is not intended for children. If you are under 13 you should not access this Site or provide to us any identifying information about yourself.
You are responsible for maintaining the secrecy of your Member ID and password. In addition, you will be financially accountable for all use of our Site by you and anyone using your password and login information.
USE OF THE SITE
Certain Limitations; No Resale; Confidentiality
The Products and Services and any special offers or savings associated with such Products and Services offered through this Site are exclusively for the use and benefit of Members and are not available to the general public. Membership is at the sole discretion of Active, and is limited to client(s) of Active, its affiliates and/or subsidiaries, and may be extended to include, at the discretion of Active, their respective employees and their family and/or friends (or such family and/or friends may be allowed, as authorized users, to utilize the Product and Services acquired by a Member). Employees of Active, its affiliates or subsidiaries who are Members will, at all times, remain responsible for ensuring that any of their friends and family members who are authorized users of Products and Services comply with these Terms and/or any additional terms and conditions applicable to such Products and Services.
By requesting Products and Services offered by this Site, you agree and certify that: (i) such Products and Services will be for your (and your friends’ and family’s where applicable) personal use; (ii) the Products and Services will not be resold, transferred or used for any commercial purposes; (iii) if you have existing travel plans that were made using a source other than this Site, travel available from this Site at the same travel provider may not be used to replace such existing travel plans with such travel provider; and (iv) you will maintain as confidential travel savings acquired from this Site, and not disclose same to any third party that is not a Member or authorized user, including, without limitation, any travel agents or travel providers. Violation of this policy may result in termination of your membership and/or restriction of your access to all or any component of our Site and, in the case of any employee(s) of Active, its affiliates and/or subsidiaries, appropriate disciplinary action (up to and including termination of employment) as determined by your employer. Members will be responsible for any violations of this policy or these Terms by any of their friends and family who are authorized users of Products and Services.
Active grants you a limited, personal, nontransferable, non-sublicensable, revocable license to access and use the Site only as expressly permitted in these Terms. Except for this limited license, we do not grant you any other rights or license with respect to this Site; any rights or license not expressly granted herein are reserved. Unless we have granted you permission in advance and in writing, you may use the Site only for your personal, non-commercial use, and not to provide services to a third party.
No Copy, Distribution, or Sale
You may download, display, or print one (1) copy of any portion of the Content. If you do so, you may not modify the Content in any way.
Except as provided above, you may not:
- Copy, reproduce, upload, post, display, republish, distribute, transmit, any part of the Content in any form whatsoever;
- Use 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;
- 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; or
- Sell, offer for sale, transfer, or license any portion of the Site in any form to any third parties.
Unless otherwise provided within these Terms, or unless specific applicable law requires Active to allow you to do so, you may not do any of the following without the prior written consent of Active:
- Use any robot, spider, other automatic device, or manual process to monitor Content;
- Use the Site other than to make legitimate reservation requests;
- Use the Site to make any false, fraudulent or speculative reservation, or any reservation in anticipation of demand;
- Use or access the Site in any way that, in our reasonable judgment, adversely affects the performance or function of the Site, or any other computer systems or networks used by Active, other Site users or Members;
- 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, intercept, the normal operation of our 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 a third party;
- Use any device, software, or routine that interferes, or attempts to interfere, with the normal operation of our site, or take any action that impose an unreasonable load on our equipment; or
- Disguise the origin of the information transmitted through the Site.
Access to certain areas of the Site is only available to registered Members. If you believe your password has been stolen or is otherwise being used without your authorization, please immediately notify Active and change your password by logging in to the Site and clicking “change password” under the “My Account” link located on the main menu.
Active, in its sole discretion, may, at any time and without advance notice or liability, terminate or restrict your access to all or any component of our Site, even if access continues to be allowed to others. Upon such termination or suspension, you must immediately discontinue use of the Site, and destroy any copy you have made of any portion of the Site. Accessing the Site after such termination, suspension, or discontinuation shall constitute an act of trespass.
Active reserves the right, in its sole discretion, to update or modify these Terms, impose new conditions, or make any other additions, deletions, modifications or changes to any part of the Site at any time without prior notice. Such changes, modifications, additions or deletions will be effective immediately upon posting on the Site. Your use of the Site following any such changes constitutes your agreement to follow and be bound by the revised Terms. For this reason, we encourage you to review these Terms whenever you use this Site.
PRIVACY AND SECURITY
SERVICES AND CONTENT
We will use our reasonable commercial efforts to keep our Site available on a 24-hour/7-day-a- week basis, subject to necessary scheduled downtime for maintenance, unscheduled maintenance, and system outages. We cannot promise that access to the Site will be uninterrupted or available at all times. We assume no liability or responsibility for any delay, interruption, or downtime.
The Content is intended for information purposes only. Although we exercise reasonable efforts to ensure their quality and accuracy, there might be errors, or the information provided may not be complete, current, or applicable to your particular situation. Further, information provided regarding the service, amenities, products, etc. have been provided to us by the vendor. We assume no liability or responsibility for any errors or omissions. You are responsible for evaluating the accuracy, completeness, and usefulness of any opinion, advice, or other content available through the Site.
You should not take any action based on information on this Site until you have received a confirmation of your Booking request. We send confirmations within 24 hours of your Booking; provided however, if you send a Booking request on a Saturday or Sunday, we send confirmations on the following Monday. If you have not received a confirmation of your Booking via e-mail, first look into your "spam" or "junk" folder to verify that it has not been misdirected, and if still not found, please contact our travel department. The contact information for the travel department is provided below.
We make reasonable attempts to exclude viruses from the Site, but cannot ensure that the Site will be at all times free from viruses or other destructive software. You are urged to take appropriate safeguards before downloading information from the Site. We assume no responsibility for any damages to computer equipment or other property that may result from use of the Site or downloading anything from the Site.
Although most travel, including travel to international destinations is completed without incident, travel to certain destinations may involve greater risks than others. We urge you to review and evaluate travel prohibitions, warning, announcements, and advisories issued by the government and the aviation administration before booking travel to international destinations.
By offering for sale travel to particular international destinations, Active does not represent or warrant that travel to such point is advisable or without risk. Active does not accept liability for damages, losses, or delays that may result from improper documents for entry, exit, length of stay, or from travel to such destinations.
HOTEL ACCOMMODATIONS AND TAXES – TWO MODELS
Hotel accommodations marketed on our Site are offered pursuant to two different models. Under the first model, you will pay Active the prevailing room rate available to Active, including room taxes. Under the second model, you will pay Active the prevailing room rate, excluding room taxes. When room taxes are excluded, you will be required to pay all such applicable room taxes directly to the hotel at checkout.
All other charges incurred by you during your stay that are not payable to Active under the above described models, such as any other governmental charges or taxes, any resort fees/service charges, charges for food and beverage, extra-person or extra-bed charges, gratuities, hotel energy surcharges, parking fees, telephone fees, room service, movies, mini-bar, and incidentals, are required to be paid by you directly to the hotel at time of check out. For this reason, you will be required to provide a valid credit card at time of check-in to cover all such charges. All Members and guests are required to comply with each hotel’s standard terms and conditions.
All tax amounts listed on our Site are the tax amounts we expect the relevant hotel to charge for any applicable taxes, and are subject in all events to the actual tax rates chargeable by the applicable taxing authority at the time of your hotel stay. Should the applicable tax rate vary from the rate set forth on the confirmation provided to you by Active, if Active collected the room taxes, Active will reconcile any differences and adjust the amount charged for room taxes by Active accordingly, and in the cases in which room taxes are not collected by Active, the hotel will charge the then required tax amount at the time of your check-out.
This Site (including the programming for the Site) and its Content is the sole and exclusive property of Active or its licensors. Active and its licensors retain all right, title and interest (including all copyright, trademark, patent, trade secrets, and all other intellectual property rights) in the Site and its Content. The Site is protected by copyright, trademark, patent, trade secrets, unfair competition, and other laws of worldwide, through the application of local laws or international treaties. Any unauthorized use, reproduction or modification of this Site may violate such laws.
Your Comments and Submissions
Any communications or materials you transmit to Active, through the Site, by electronic mail or otherwise, including any data, question, comments, rating of a property or attraction, suggestion, idea, or the like ("Communications or Materials") will be treated as non-confidential and non-proprietary. By voluntarily submitting to us, or by posting on the Site any Communications or Materials, you grant Active, and all users of the Site, a worldwide, non-exclusive, royalty free, perpetual, irrevocable, and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from distribute, and display such Communications or Materials in any form, media or technology. We assume no responsibility for any Communications or Materials posted or submitted, or for the return or such Communications or Materials. We want your feedback and appreciate your ideas and suggestions, but we are unable to answer every comment individually.
DISCLAIMER OF WARRANTY
Active and its Providers make no warranty of any kind regarding the Site, Content, Products or Services, all of which are provided on an "as is" basis. Active and its Providers expressly disclaim any representation or warranty that the Site will be free from errors, viruses or other harmful components, that communications to or from the Site will be secure and not intercepted, that the Services and other capabilities offered from the Site will be uninterrupted, or that its Content will be accurate, complete or timely. The fact that Active is including or offering any Product or Service on the Site is not an endorsement or a recommendation of the Product or Service.
OTHER THAN THOSE WARRANTIES WHICH, UNDER THE LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAWS, AND ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION, ACTIVE AND ITS PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
LIMITATION OF LIABILITY
Subject to applicable law, use of this Site and its Content is at your sole risk. Services and Products made available on this Site are subject to conditions imposed by the Providers, including but not limited to tariffs, conditions of carriage, international conventions and arrangements, and federal government regulations. Providers who furnish Products or Services through this Site are independent contractors, and not agents or employees of Active. IN NO EVENT WILL ACTIVE OR ITS PROVIDERS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS SITE, THE ACTS OR OMISSIONS OF PROVIDERS WHO FURNISH PRODUCTS OR SERVICES THROUGH THIS SITE, OR THE PRODUCTS OR SERVICES OFFERED BY PROVIDERS THROUGH THIS SITE, INCLUDING, WITHOUT LIMITATION, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH(I) ANY USE OF, BROWSING OR DOWNLOADING OF ANY PART OF OUR SITE OR CONTENT, (II) ANY FAILURE OR DELAY (INCLUDING WITHOUT LIMITATION THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR RESERVATIONS), (III) THE PERFORMANCE OR NON PERFORMANCE BY US OR ANY PROVIDER, (IV) ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, EVEN IF ACTIVE AND THE PROVIDER(S) HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY OR (V) THE PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THIS SITE.
If, despite the limitation above, Active or a Provider is found liable for any loss or damage which arises out of or is in any way connected with any of the occurrences described in the limitation above, then Active and the Providers' liability will in no event exceed, in total, the sum of US$250.00. Some states do not allow this limitation of liability, so the limitations above may not apply to you.
You agree to defend and indemnify Active and any Provider, and each of their respective officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, in excess of the liability described above, in any action filed or commenced by any third party against Active or any Provider as a result of (1) your breach of these Terms, (2) your violation of any law or the rights of a third party or (3) your use of our Site.
The laws of the State of New York (USA), without regard to its conflict of law rules, will govern these Terms. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms and Conditions or any Products and Services. If you take any legal action relating to your use of our Site, these Terms or the Products and Services, you agree to file such action only in the state and federal courts located in Rockland County, New York (USA). In any such action or any action we may initiate, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to costs, both taxable and non-taxable, and reasonable attorneys' fees and expenses.
Your acceptance of these Terms and your use of the Site do not create a joint venture, partnership, employment, or agency relationship with us. You may not assign, delegate, or transfer your rights or obligations under these Terms. If we fail to act with respect to your breach or anyone else's breach on any occasion, we are not waiving our right to act with respect to future or similar breaches. If a court finds any of these Terms to be unenforceable or invalid, such Term will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable. The headings in these Terms are for your convenience and reference; they do not limit or affect these Terms. These Terms, together with those items made a part of these terms by reference, make up the entire agreement between us relating to your use of our site, and replaces any prior understandings or agreements (whether oral or written) regarding your use of our site.
PROVISIONS OF THESE TERMS AND CONDITIONS
Prior Terms and Conditions
These Terms supersede any prior Active Terms and Conditions relating to the use of the Site that were displayed on this Site before the date stated above.
You may preserve these Terms in written form by printing them for your records, and you waive any other requirement that these Terms be evidenced by a written document.
To the extent that we may need to contact you, you agree that we may do so via any electronic means, included but not limited to communication posted on the Site, electronic mail, or instant messaging.
Incorporation by Reference
Any additional terms and conditions set forth on any travel confirmation issued by the Site for travel goods and services, e.g. cancellation policies, etcetera, are incorporated into and made a part of these Terms.
You may not use the Site or any Products and Services to post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary materials belonging to others without obtaining the prior written consent of the owner of such proprietary materials. It is Active’s policy to terminate privileges of any Member or other user of the Site who infringes the copyright of others upon receipt of prompt notification to Active by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please review and utilize our procedures for protecting your rights as set forth below.
In accordance with the Digital Millennium Copyright Act, 17 U.S.C. 512, Active has adopted the following policy concerning copyright infringement. Active respects the legitimate rights of copyright owners and their agents and representatives. Members and others who use any part of the Site are required by these Terms to respect the legal protections provided by applicable copyright law.
Procedure for Reporting Copyright Infringements. If you believe that your work has been copied on this Site in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site (including the specific URL of each item in dispute, which should help us to quickly locate the Content);
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner's behalf.
FAILURE TO INCLUDE ALL OF THE ABOVE INFORMATION, ESPECIALLY SPECIFIC URLS WHERE CONTENT MAY BE FOUND, WILL RESULT IN A DELAY OF THE PROCESSING OF THE DMCA NOTIFICATION AND MAY RESULT IN YOUR HAVING TO REPEAT SOME OR ALL OF THE ABOVE PROCESS.
Notice and Takedown
If Active receives proper notification of claimed copyright infringement, it will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing, as described below, or to be the subject of infringing activity. Active will also comply with the appropriate provisions of the DMCA in the event a counter-notification is received, as described below. Active may, at its discretion, deny access to this Site by, or disable and/or terminate the accounts of, Members or other users who may be infringers.
Notice of claims of copyright or other intellectual property infringement can be delivered as follows, by email, fax or standard mail:
Active Media Services, Inc.
One Blue Hill Plaza
Pearl River, NY 10965
Attn: Dayna Frank, General Counsel
Fax: (845) 735-2342
Upon receipt of proper notification of claimed infringement, Active will follow the procedures outlined herein and in the DMCA.
If Content you posted on the Site was removed for copyright or intellectual property infringement and you would like to dispute that removal, the process for counter-notifications is governed by Section 512(g) of the Digital Millennium Copyright Act:
- To file a counter-notification with us, you must provide a written communication that sets forth the items specified below.
- Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of Members who are infringers. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.
Elements of Counter-Notification
To expedite our ability to process your counter-notification, please use the following format (including section numbers):
Identify the specific URLs of material that Active has removed or to which Active has disabled access.
Provide your full name, address, telephone number, email address and the Member name of your Active account.
Provide a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or New York County, New York; if your address is outside of the U.S.A.), and that you will accept service of process from the person who provided notification to Active in accordance with the process outlined above or an agent of such person.
Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
Sign the notice. If you are providing notice by email, a scanned physical signature or a valid electronic signature will be accepted. Send the communication to the following address:
Active Media Services, Inc.
One Blue Hill Plaza
Pearl River, NY 10965
Attn: Dayna Frank, General Counsel
Fax: (845) 735-2342
After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes any of your Identifying Information set forth in the counter-notification. By submitting a counter-notification, you consent to having such Identifying Information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.
After we send out the counter-notification, the claimant must then notify us within ten (10) days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Site. If we receive such notification, we will be unable to restore the items. If we do not receive such notification, we may, but are not obligated to, reinstate the disputed item(s).
Foreign Counter-Notification: If you reside outside of the United States, please understand that filing a counter-notice may lead to legal proceedings between you and the complaining party to determine ownership. Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation by using this process. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of Members who are infringers. So, if you are not sure whether Content you posted on the Site is being infringed, or are otherwise unsure of whether to file a counter-notification using these procedures, we strongly recommend you first contact a lawyer knowledgeable in the laws of the United States. If you do wish to file a counter-notice, you should follow the process set forth above under the heading “Elements of Counter-Notification.”
DISCLAIMER: WE ARE NOT YOUR ATTORNEYS, AND THE INFORMATION WE PRESENT HERE IS NOT LEGAL ADVICE. WE PRESENT THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY.
If you have any questions or concerns about these Terms or if you need further assistance with respect to access to or use of the Site or the services offered by Active, you may contact our travel department as indicated below. We will attempt to respond to your questions or concerns promptly after we receive them.
Mailing address: c/o Active Media Services, Inc.
One Blue Hill Plaza
Pearl River, New York 10965-8705