Terms of Use Agreement

Effective Date: This Terms of Use Agreement was last updated on July 2, 2007.

This Terms of Use Agreement sets forth the standards of use of the New Track Media LLC Online Service. By using the SkyandTelescope.com website you (the "Member") agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at SkyandTelescope.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1. Description of Service

New Track Media LLC is providing Member with access to SkyandTelescope.com content including user forums, online photo galleries, and various communication tools. New Track Media LLC reserves the right to add, change, or discontinue any aspect of this website without notice. Member must (1) provide all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member's access to the Internet, and (3) pay any fees relate with such connection.

2. Disclaimer of Warranties

The site is provided by New Track Media LLC on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, New Track Media LLC makes no representations or warranties of any kind, express or implied, regarding the use or the results of this website in terms of its correctness, accuracy, reliability, or otherwise. New Track Media LLC shall have no liability for any interruptions in the use of this website. New Track Media LLC disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

3. Limitation of Liability

NEW TRACK MEDIA LLC SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR NEW TRACK MEDIA LLC SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEBSITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF NEW TRACK MEDIA LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

New Track Media LLC will not be responsible for any loss or damage that was caused directly or indirectly, in whole or in part, by any act of God, war, civil disturbance, strike, natural calamity, flood, labor or material shortage, communications, computer, software, hardware, or equipment failure, act or omission of any utility, communications service, electrical outage or disturbance, or brown-out or black-out, common carrier, Internet or network access or backbone provider or information provider, delay in mails, delay or inaccuracy in the transmission of orders or information, governmental law, rule, or actions, or other cause beyond our control.

4. Indemnification

Member agrees to indemnify and hold New Track Media LLC, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Member's use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member's computer, of any intellectual property or any other right of any person or entity.

5. Modifications and Interruption to Service

New Track Media LLC reserves the right to modify or discontinue the Service with or without notice to the Member. New Track Media LLC shall not be liable to Member or any third party should New Track Media LLC exercise its right to modify or discontinue the Service. Member acknowledges and accepts that New Track Media LLC does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

6. Third-Party Sites

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties' sites.

7. Linking to the Site

You are hereby granted a limited, revocable, non-transferable, and non-exclusive right to create a hyperlink to any page of SkyandTelescope.com; provided that no such link could reasonably be deemed to portray Sky or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Sky logo or other proprietary graphic or trademark as part of the link without express written permission.

If you link to our site, please let us know by sending e-mail to permissions@SkyandTelescope,com and simply include your contact information and the URL you are linking from in your e-mail.

8. Disclaimer Regarding Accuracy of Vendor Information

Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While New Track Media LLC makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.

New Track Media LLC makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

9. Acceptable Use of Website

You will not use the website to post, e-mail, upload, display, or otherwise make available (i) any unlawful, false, or threatening information, any information that is obscene, offensive, pornographic, racist, libelous, profane, or that promotes terrorism, violence, illegal acts, or that is deemed objectionable at New Track Media LLC's sole discretion; (ii) any images, software, or other information or material that plagiarizes or violates the rights of a third party; (iii) any material that contains a computer virus, worm, bot, or other program deemed harmful or malicious by New Track Media LLC; (iv) unsolicited or unauthorized advertisements, "spam," or "junk mail."

You will not use the website to (i) stalk, harass, or exploit another user; (ii) attempt to access another user's account in any way without express permission from New Track Media LLC; (iii) impersonate any user or person or falsely represent yourself, identity, or affiliation.

10. User Accounts

To access specific sections and functions of this website, a user account is required. Your registration data and other information are subject to the privacy policy of this website. By providing information to this website, you agree that it is true, current, complete, and accurate. By creating a user account, you accept responsibility for all actions and activities that occur under your username and password. You are solely responsible for maintaining the confidentiality of your password.

11. Information You Submit

This website contains functionality allowing users to upload information including text, images, as well as audio and video files. New Track Media LLC does not endorse this user-generated content. In addition New Track Media LLC reserves the right to remove, edit, modify, or move your uploaded content, in whole or part, for any reason, without notice, and at the Company's sole discretion. New Track Media LLC reserves the right to terminate or suspend your user account if your posts are suspected to violate the terms of this document, another's copyright, or any regulation or law. Receiving payment, goods, or services for posting user content to this site is strictly prohibited.

Users are solely responsible for the information they post to this site. If you display your personal information, New Track Media LLC accepts no responsibility if a third party contacts you with unsolicited messages. We cannot ensure the security or safety of any information you post for display onto publicly available areas of the site. New Track Media LLC is not responsible for any errors or omissions in the information you post, nor is New Track Media LLC in any way liable for any damage of any kind that occurs as a result of posting user content. By posting information users agree that the information is original, that is does not violate another's copyright, that the user has obtained all necessary rights in it, and that it adheres to the terms of this document. Information posted by users must not in any way violate the rights of third parties. Upon posting information, you agree to be solely responsible for any and all liabilities and costs associated with any breech of the terms of this document. New Track Media LLC is not obligated to display all content posted to the site.

By posting information to this site, you warrant and represent that the information you submit is your own original work, that you alone own copyright to it, that it is an authentic and accurate depiction of the subject matter presented, and that no other party has any right, title, claim or interest to it. By posting images, text, audio or video files, or other content, you grant to New Track Media LLC a royalty-free, worldwide, perpetual license to display, distribute, and reproduce the material, in whole or in part, in any medium now existing or subsequently developed, for editorial purposes without further review or participation from you.

Since New Track Media LLC cannot prescreen or evaluate user content before it is displayed, the user bears complete legal responsibility for the material and is liable for any offensive, objectionable, indecent, or illegal content.

12. Governing Jurisdiction of the Courts

Our website is operated and provided in the Commonwealth of Massachusetts. As such, we are subject to the laws of the Commonwealth of Massachusetts, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal, or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the Commonwealth of Massachusetts.

13. Compliance with Laws

Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation.

14. Copyright and Trademark Information

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2007 New Track Media LLC, with all rights reserved, or is the property of New Track Media LLC and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of New Track Media LLC is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our Web pages or the content contained therein without prior written permission of an authorized officer of New Track Media LLC. Any copying, reproduction, sale, modification, or republication of the content, software, design, or intellectual property of the site is strictly and expressly prohibited without written permission from New Track Media LLC or the applicable identified copyright holder.

New Track Media LLC, Sky & Telescope, Night Sky, SkyTonight.com, Skypub.com, and SkyandTelescope.com are proprietary marks of New Track Media LLC. New Track Media LLC's trademarks may not be used in connection with any product or service that is not provided by New Track Media LLC, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits New Track Media LLC.

All other trademarks displayed on New Track Media LLC's website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the websites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with New Track Media LLC.

15. Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, SkyandTelescope.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

By Mail:
Rights & Permissions
Sky Publishing
90 Sherman Street
Cambridge, MA 02140

By Telephone: 617-864-7360

By e-mail: permissions@SkyandTelescope.com

16. Botnets

New Track Media LLC retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, New Track Media LLC reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

17. Termination

Members are expected to adhere to these Terms of Use at all times. New Track Media LLC reserves the right to terminate user accounts or access to the website at any time without notice or liability. Violations of this document may be referred to law enforcement authorities.

18. Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void, or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by New Track Media LLC, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy statement.