Marketplace.SkyandTelescope.com is owned and operated by Sky & Telescope Media, LLC, a New Track Media company.
Marketplace.SkyandTelescope.com ("Site", "Sky" or "Company") offers you a wide range of products and services ("Materials" or "Services") via this web site. Please review the following terms that govern your use of the Site. Please be advised that your use of this web site constitutes your agreement to follow and be bound by the following Terms and Conditions.
Terms & Conditions
The following are the terms and conditions of your use of the Marketplace.SkyandTelescope.com Web site (the "Site"). By accessing any of the pages contained within the Site, you are agreeing to be bound by these terms and conditions (the "Agreement"), in consideration of our agreeing to grant you access to the Site. You understand and acknowledge that we may modify or change these terms and conditions by posting such modifications or changes in this location. The Site is owned and operated by Sky & Telescope Media, LLC ("Sky"), publisher of Sky & Telescope magazine. Read more about Sky & Telescope Media, LLC in our About Sky area.
You acknowledge (a) that all materials contained in the Site and all materials e-mailed to you or otherwise supplied in connection with the Site, excluding materials lawfully in the public domain (the "Materials"), are Sky's or its vendors' proprietary property and are protected by applicable copyright, patent, trademark, or other intellectual property law; (b) title thereto shall remain at all times with Sky or such vendors, as the case may be; and (c) you will not acquire any rights relating thereto except as expressly set forth herein. Further, Sky owns copyrights in the Site, as an individual and collective work and/or compilation, and in the selection, coordination, arrangement, and enhancement thereof. You acknowledge that Sky & Telescope and logo, Sky and Telescope, The Essential Magazine of Astronomy, Skyline, http://www.skypub.com/, Sky Publications, SkyWatch, Scanning the Skies, ESSCO, and SkyandTelescope.com are proprietary trademarks of Sky, and you are not permitted to use or reproduce or allow anyone to use or reproduce these trademarks for any reason without Sky's written permission, except as otherwise set forth herein.
You have a personal, non-transferable, and non-exclusive right and license to access the Materials on a single computer for your own personal use. You also agree: (i) not to use any of the Materials for any unlawful purpose; (ii) to comply with any request of Sky to protect its or any of its vendors' respective rights in the Materials; (iii) to not remove any trademark, copyright, or other notices contained therein; and (iv) to not disassemble, copy, modify, decompile, recompile, reverse engineer, or create any derivative work based upon the Materials or any other aspects of the Site.
Third Party Materials
Some of the Materials may include information, advertising, or other content provided by parties other than Sky ("Third Parties"). These Third Parties may have additional restrictions, terms, and conditions governing use of their content, and by using their content you will be deemed to have agreed to those third party restrictions, terms, and conditions. Sky exercises no control over these Third Parties, and accordingly Sky expressly disclaims any responsibility for the content, the accuracy of the information, and/or quality of products or services provided by these Third Parties.
Submission of Materials
When you submit an ad to this site you represent that you have the right and authorization to publish any advertisement you have submitted, and that you are fully authorized and licensed to use all content including, but not limited to, the names and/or pictures of persons, living or dead, or of things, trademarks, service marks, copyrighted, proprietary or otherwise private material, or testimonials, contained in any advertisement. You agree to indemnify and save harmless Sky & Telescope Media, LLC against all loss, liability, damage, and expense of whatever nature arising from our publishing of such advertisement.
Sky processes, investigates, and responds to notifications of alleged infringement in accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Sky will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Notices of claimed infringement should be directed to:
Rights & Permissions
Sky & Telescope
90 Sherman St.
Cambridge, MA 02140 U.S.A.
Telephone: +1 617-864-7360
Fax: +1 617-864-6117
The words "Notice of Infringement" should be put in the subject line of all such notifications. Sky will respond to all notifications of claimed infringement of intellectual property rights in accordance with applicable laws.
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 MarketPlace.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.
SkyandTelescope.com offers some of its content for a fee, in some cases by subscription. Access to fee-based content may require registration. All payments (including applicable taxes) must be made in U.S. dollars.
Confidential IDs and Passwords
If you use this Site, you are solely responsible for the confidentiality of your account and sign-on password, and/or user ID. You accept responsibility for all activities that occur under your account or password, including the payment of all charges associated with the use of the Site using your ID. You shall immediately notify Sky of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft,or unauthorized disclosure of your password or account information.
Communication Between You and Sky
From time to time we may communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you by these means satisfy any legal requirement that such communications be in writing.
Termination and Changes
You may terminate your account for fee-based content at any time by sending e-mail to: customerservice@SkyandTelescope.com. Upon termination, Sky will refund the remainder of your subscription cost and send you a confirmation via e-mail that the request was received, and your access will be suspended within 48 hours.
Sky reserves the right to change the Site at any time at its sole discretion without notice to users. Sky may deny access to the Site and/or to any fee-based content at any time, with or without cause and at its sole discretion. Sky reserves the right to modify or delete ads at any time, in any way, at its sole discretion.
The information that you provide about yourself to Sky will only be used in accordance with Sky's Privacy Statement.
Disclaimer of Warranties and Limitation of Liability
THE SITE IS PROVIDED ON AN "AS IS" BASIS. SKY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
SKY MAKES NO WARRANTY THAT (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SKY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SKY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (E) ANY OTHER MATTER RELATING TO THE SITE.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU ARE SUBJECT TO THE LAWS OF THESE JURISDICTIONS, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the Commonwealth of Massachusetts, without reference to principles of conflicts of laws.
If any provision herein shall be found by any court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected but rather shall be enforced to the extent permitted by law so long as it still expresses the intent of the parties as expressed hereby.
Sky 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.