Terms of Use
These Terms of Use govern your use of the 88 88 ArtLook membership and website presence on 88 88 ArtLook. By using, visiting, or calling the 88 88 ArtLook service or website, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the 88 88 ArtLook.
These Terms of Use are an ongoing contract between you and 88 88 ArtLook and apply to your use of the 8888ArtLook membership and website. These Terms of Use affect your rights and you should read them carefully.
Changes to Terms of Use
88 88 ArtLook reserves the right, from time to time, with or without notice to you, to change these Terms of Use at our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by clicking on the "Terms of Use" located at the bottom of the pages of the 88 88 ArtLook website. The most current version of the Terms of Use will supersede all previous versions.
Privacy
Any personal identifying information submitted on the 88 88 ArtLook website is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. The date of any changes to our Privacy Policy will be noted at the bottom of our Acceptance of Terms of Use.
How Our Service Works
8888ArtLook is an online subscription service providing its members with audio placement on our
88 88 ArtLook toll-free phone number and information about the members on the 8888ArtLook website.
We reserve the right to make changes from time to time and without notice in how we operate our service.
Any description of how our service works should not be considered a representation or obligation with respect to how the service will always work. We are constantly making adjustments to our service and often these adjustments are not completely captured within these Terms of Use.
Below is a general description concerning the operation of our
88 88 ArtLook memberships:
We provide a number of different membership plans to accommodate a wide variety of the needs of artists, galleries, art associations and art tours. Click on the "How to join" link, located at the top of the pages of the 88 88 ArtLook website and see details on the various plans we offer. To view your current plan and other details, click on "Membership".
Introductory Artist Message
A large majority of our members sign up for an Introductory Artist Message. This basic membership level is to introduce artists to the service or to help in the development of a group tour. Members can always upgrade to a higher level of service as their needs warrant. We will prorate your upgrade within the calendar year in which you initially joined. Under our Introductory Artist Message membership you can update your contact information on the website but you will not be able to change your web image or audio message.
Career Artist Message
Well-established artist members sign up for our Career Artist Message. This membership level is to further the goals and help the career artist communicate to their patrons their exhibition schedule. Members can always upgrade to a higher level of service as their needs warrant. We will prorate your upgrade within the calendar year in which you initially joined. Under our Career Artist Message membership you can update your audio message on the 8888ArtLook number monthly and update your contact information on the website.
Premium Artist Message
Artist members that sign up for our Premium Artist Message level understand the value of talking directly to their audience in the setting of a show or listing their class schedule in an easy to reach format. Members can always upgrade to a higher level of service as their needs warrant. We will prorate your upgrade within the calendar year in which you initially joined. Under our Premium Artist Message membership you can update your audio message on the 8888ArtLook number monthly including your five stop tour or class listing and update your contact information on the website.
Elite Artist Message
Artist members that sign up for our Elite Artist Message level have a greater need to update their messages weekly and to add more stops to their tours or classes up to ten total stops. The Elite Artist Message also has the added benefit of four additional artworks featured on the website and inclusion in a featured artist rotation. We will prorate your upgrade within the calendar year in which you initially joined. Under our Elite Artist Message membership you can update your audio messages on the 8888ArtLook number weekly including your ten stop tour or class listings and update your contact information on the website.
Introductory Gallery Message
This introductory membership level is to introduce the mission of the gallery to the public and the gallery to our service. Under our Introductory Gallery Message membership you can update your contact information on the website but you will not be able to change your web image or audio message.
Gallery Exhibition Membership
Well-established gallery members sign up for our Gallery Exhibition Membership. This level is to help the gallery communicate to their patrons the changing exhibition schedule. Under our Gallery Exhibition Membership you can update your audio message monthly on the 88 88 ArtLook number and update your contact information on the website.
Premium Gallery Membership
Gallery members that sign up for our Premium Gallery Membership level understand the value of talking directly to their audience in the setting of their Gallery. This helps in a busy opening setting where you can’t be everywhere at once. Under our Premium Gallery Membership you can update your audio message on the 8888ArtLook number monthly including your five stop tour listing and update your contact information on the website.
Elite Gallery Membership
Gallery members that sign up for our Elite Gallery Message level have a greater need to update their messages weekly and to add more stops to their tours up to ten total stops. The Elite Gallery Message also has the added benefit of two additional artworks featured on the website and inclusion in a featured gallery rotation on
our website. Under our Elite Gallery Message membership you can update your audio messages on the
88 88 ArtLook number weekly including your ten stop tour or class listings and update your contact information on the website.
Introductory Tour Message Organization
A large majority of our Tour Organization members sign up for an Introductory Message that introduces the tour dates and links to their tour artists. Tour artists must sign up for an Introductory Artist Tour Message under the umbrella of an organization. Under our Introductory Tour Message Organization membership you can update your contact information on the website but you will not be able to change your web image or audio message. Includes links to 25 tour artists see artists listing below.
Introductory Artist Tour Message
Introductory Artist Tour Message is for the individual artist message and linked to the Organization that is sponsoring the tour. Artists sign up under the umbrella of their Organization see above. Under our Introductory Artist Message membership you can update your contact information on the website but you will not be able to change your web image or audio message. Artist members under their Tour membership can always upgrade to a higher level of service outside their tour as their needs warrant. We are unable to prorate your upgrade under this level of membership because you would in essence be mentioned under two categories.
Introductory Association
This introductory association message is to introduce the mission of the association to your audience and to communicate contact information. Under our Introductory Association Message membership you can update your contact information on the website but you will not be able to change your web image or audio message.
Leadership Association Message
This leadership association message is to communicate monthly changes such as meeting times/locations and activities to your audience and to communicate contact information. Under our Leadership Association Message membership you can update your contact information on the website and change your audio message monthly.
Custom Memberships
Let us design a custom solution for you. Please give us as much information as you can and we will come back with a quote and time frame. Be sure to include your name and contact information in the box provided below. This requires a year contract. Custom Memberships may or may not conform to all of the terms set out in this document. Individual contracts will supersede these terms and conditions.
You hereby authorize us to charge your payment method for your level of membership either once for your one-time membership level or once a month thereafter on the day of the month you joined 88 88 ArtLook or the day of the month you upgraded your membership. Monthly memberships will continue to be billed monthly, past your annual contract date until we receive notice of your membership termination. See information on termination on the ‘Membership’ page.
Timing and updates to the audio files and website information on 88 88 ArtLook
We reserve the right to process orders for our members in any manner that we, in our sole and absolute discretion, determine. In addition, we will, in our sole and absolute discretion, determine the level of staffing required to process in a timely manner members updates. As a result of the operational practices described in this section, we may not always be able to process your requests the same day that we receive them. If you have an upcoming exhibition that you need to have updated please send the information at least five working days before you would like it updated.
At present, our goal is to update and place your information on the 8888ArtLook website and 88 88 ArtLook phone number within three business days of receipt.
Other factors that may affect the information update times, include, but are not limited to, (i) the proper files provided in the format specified for MP3 or Wave, (ii) the timing of your update, (iii) the recording quality and download ability on our cinch account (iv) any unplanned downtime of our computer systems.
We will send an email to you after processing your update/s. We may from time to time revise these Terms of Use but we will not necessarily provide you notice of the revisions. It is up to you to review the Terms of Use frequently to determine if there have been changes. We believe that our operational practices, including how we prioritize updates among our members, provide a great value to all our members.
Membership and Billing
You can find the specific details regarding your membership with 88 88 ArtLook at anytime by clicking on the "Membership" link, located at the top of the pages of the 88 88 ArtLook site.
Free Trials
We encourage the use of our service through free trials. Free trials last for a specified time period otherwise specifically stated in the offer for eligible members. To view the specific details regarding your free trial, if any, click on the "Membership" link located at the top of every 88 88 ArtLook website page.
Free trials cannot be combined with any other offer. You must have Internet access and a valid credit card or debit card ("Payment Method") to redeem a free trial offer. Upon registering for your free trial, your Payment Method will be authorized for up to 60 days of service. In some instances, your available balance or credit limit may be reduced to reflect the authorization; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial membership period.
We will begin billing your Payment Method for monthly membership fees corresponding to your membership plan plus any applicable tax at the end of your free trial membership period unless you cancel prior to the end of your free trial. To view the specific details of your membership plan, including price and end date of your free trial period, click “Membership" page. You will not receive a notice from us that your free trial membership has ended or that your paying membership has begun. YOU MUST CANCEL PRIOR TO THE END OF YOUR FREE TRIAL TO AVOID CHARGES TO YOUR PAYMENT METHOD. CLICK THE "MEMBERSHIP" LINK AT THE TOP OF ANY 8888ArtLook PAGE FOR CANCELLATION INSTRUCTIONS. We will continue to bill your Payment Method on a monthly basis for your membership plan until you cancel. You may cancel your membership at any time after your one-year contract has expired. We offer a number of membership plans, including special promotional plans or memberships with limitations. Some of these promotional memberships are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. To view the details of your specific membership plan, click the "Membership" at the top of every 8888ArtLook page. We reserve the right to modify, terminate or otherwise amend our offered membership plans. Unless otherwise stated differently, month or monthly refers to your billing cycle (See "Billing" below).
Billing
By starting your 88 88 ArtLook membership, you are expressly agreeing that we are authorized to charge you a monthly membership fee, any applicable tax and any other charges you may incur in connection with your use of the 8888ArtLook service to the Payment Method you provided during registration (or to a different Payment Method if you change your account information). As used in these Terms of Use, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method, including a checking account, where applicable. The membership fee will be billed on the beginning day of your membership and on each day of the monthly renewal day thereafter unless and until you cancel your membership. Click on the "Membership" page to see the commencement date for your next renewal period. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your membership. In the event your membership began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you became a paying member on January 31st, your Payment Method would next be billed on February 28th. You acknowledge that the amount billed each month may vary from month to month for reasons that include differing amounts due to promotional offers, differing amounts due to changes in your membership plan, changes in the amount of applicable sales tax upon cancellation or termination of your membership, and you authorize us to charge your Payment Method for such varying amounts. Your Payment Method will be authorized for up to approximately one month of service during the free trial; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial. We may also periodically authorize your card in anticipation of membership or related charges. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. At any time, and for any reason, we may provide a refund, discount, bonus service or other consideration to some or all of our members. The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you want to use a different Payment Method or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by clicking on the "Your Account" button, available at the top of the pages of the 88 88 ArtLook site. If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts.
Ongoing Membership
Your 88 88 ArtLook membership will continue in effect unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews in order to avoid billing of the next month's membership fees to your Payment Method. We will bill the monthly membership fee plus any applicable tax to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information).
Cancellation
You may cancel your membership to 88 88 ArtLook at any time after your yearly contract expires, and cancellation will be effective immediately. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS. To cancel, click the words "Cancel Membership" on the " Membership" page and follow the instructions for cancellation under the heading "Cancel Membership."
We reserve the right to terminate your account for any or no reason.
Features & Functionality
Links and search-ability either by key function on the 88 88 ArtLook number or on the website may change according to the number of artists, galleries or tours in any one category. The quality of the display of the website may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as the bandwidth available through and/or speed of your internet connection. Search-ability either by key function or entering the artists, galleries or tour unique number may from time to time error due to unforeseen communication factors.
Geographic Limitation: You may or may not be able to call or receive the functionality anywhere other than within the 50 United States.
We do not warrant that any of the software used and or licensed in connection with our service functionality will be compatible with other third party/s. Please refer to the Disclaimers of Warranties and Limitations of Liability set forth in these Terms of Use.
Our Community feature provides you with a number of ways to share your 88 88 ArtLook experience with others. We are continually making changes and improvements to this feature, and therefore the available features and information that is shared may change from time to time. These changes may take place without notice to you and may not be described in these Terms of Use.
Our community feature is itself composed of a number of features, such as Facebook links, Twitter links and other networking sites.
BY USING THE COMMUNITY FEATURE AND ALL RELATED FEATURES, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE RELEASE OF INFORMATION ABOUT YOU TO A PUBLIC FORUM, INCLUDING OTHER MEMBERS OF THE 88 88 ArtLook COMMUNITY. IF YOU DO NOT WANT INFORMATION ABOUT YOU, INCLUDING PERSONALLY IDENTIFYING INFORMATION, TO BE SHARED IN A PUBLIC FORUM, DO NOT USE THE COMMUNITY FEATURES.
Use of the Community feature is for your personal, commercial use and is at your own option and risk.
There are different elements to 88 88 ArtLook Community, each with its own degree of associated information sharing and features. These elements may change without notice to you and the degrees of associated information sharing and functionality may also change without notice.
In addition, photos or images that you choose to post must be owned entirely by you and cannot contain the images of, or owned by, any third party, and cannot be infringing, vulgar, obscene, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable. You understand and agree that we may, but are not obligated to, review this content and may delete or remove it (without notice) in our sole and absolute discretion, for any reason or no reason. Please also see "Use of Information Submitted" below.
Applications
The 88 88 ArtLook website may contain links to websites or links and/or other connections to applications (including, without limitation, websites, widgets, software, or other software utility) ("Application(s)"). Such Applications may be owned or operated by third parties that are not related to, associated with or sponsored by 88 88 ArtLook. Unless otherwise noted by 88 88 ArtLook on the 88 88 ArtLook website, these Applications are provided solely as a convenience to you, and 88 88 ArtLook is not responsible for and does not endorse the content of such Applications. You will need to make your own independent judgment regarding your interaction with these Applications. You may choose, at your sole and absolute discretion and risk, to use an Application and such Application may interact with, connect to or gather and/or pull information from and to your
88 8 8ArtLook account. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information relating to your 88 88 ArtLook account, you are consenting to the information about your account being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if 88 88 ArtLook has not provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold 88 88 ArtLook harmless for the sharing of information relating to your 8888ArtLook account that results from your use of an Application. You must read all log-in boxes and other pop-up boxes closely for notices about sharing your 8888ArtLook account information with, through or by any other means identified on an Application. In addition, that Application's end user license agreement, terms of use, and/or any other documentation or materials designated by the Application will govern your use of that Application. You may revoke an Application's access to your 8888ArtLook account at any time, but information shared prior to revocation may continue to be viewable within, or otherwise continue to be used by, the Application depending on the policies of such Application. Certain Applications may be appear to be associated with or sponsored by 8888ArtLook. While these Applications may utilize 8888ArtLook trademarks with our permission, we do not take any responsibility for the performance of the Application or the use of any information shared with the Application. Use of Applications is at your own option and risk. If you have any questions, concerns, complaints, or claims about the Applications, you should contact the support or contact personnel of the Application and not 8888ArtLook, unless otherwise indicated by 88 88 ArtLook. 88 88 ArtLook DISCLAIMS ALL LIABILITY ARISING FROM YOUR USE OF APPLICATIONS.
Account Access; Identity Protection
In order to provide you with ease of access to your account, 88 88 ArtLook will place a cookie (a small text file) on any computer from which you access the 8888ArtLook website. When you revisit the 88 88 ArtLook web site, this cookie will enable us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device. If you disclose your password to anyone or share your account with other people, you take full responsibility for their actions. Users of public or shared computers or unprotected mobile devices should log out at the completion of each visit to the 88 88 ArtLook website.
If you find that you're a victim of identity theft and it involves a 88 88 ArtLook account, you should notify customer service at Annette@8888ArtLook. Then, you should report this instance to all your card issuers,
as well as your local law enforcement agency. 88 88 ArtLook reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. 88 88 ArtLook is not obligated to credit or discount a membership for holds placed on the account by either a representative of 8888ArtLook or by the automated processes of
88 88 ArtLook.
Disclaimers of Warranties and Limitations on Liability
In no event shall 88 88 ArtLook, its shareholders, directors, officers, or employees be liable (jointly or severally) to you for personal injury or any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, business interruption or any other commercial damages or loss, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of the 88 88 ArtLook website, its contents or the 88 88 ArtLook toll free number. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
Intellectual Property/Copyright
The compilation of all content on this site is the exclusive property of 88 88 ArtLook and protected by U.S. and international copyright laws. Content shall not be reproduced or used without express written permission from 88 88 ArtLook, its suppliers or network partners.
Use of Information Submitted
88 88 ArtLook is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to 88 88 ArtLook including responses to questionnaires or through postings to the 88 88 ArtLook website, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the 88 88 ArtLook website or phone number. Furthermore, by posting any Feedback on our site, submitting Feedback to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, royalty-free irrevocable license and right to display, use, reproduce or modify the Feedback submitted in any media, software or technology of any kind now existing or developed in the future.
Service Testing
From time to time, we test various aspects of our service, including service levels, plans, promotions, features, delivery, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.
Electronic Communications
By using the 88 88 ArtLook service, you consent to receiving electronic communications from 88 88 ArtLook. These communications will include notices about your account (e.g., receiving e-mails and other transactional information) and information concerning or related to our service. These communications are part of your relationship with 88 88 ArtLook and you receive them as part of the 88 88 ArtLook membership. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Customer Service
If you need assistance with your account, you may find answers to your questions under our frequently asked questions tab. You may also reach Customer Service at this tab.
Right to Terminate
We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.
Links and Pages
Some of the hyperlinks on the 88 88 ArtLook website may lead to other websites or Applications that are not controlled by, or affiliated with, 88 88 ArtLook. In addition, other websites may link to the 88 88 ArtLook website or 88 88 ArtLook may include links to the websites of businesses, including those that have associations with us through certain network partner programs. Members acknowledge and agree that 88 88 ArtLook is not responsible or liable for, and does not otherwise warrant, the actions of these third parties, the products or contents on the websites, or the performance of any Applications and devices.
Claims of Copyright Infringement
It is the policy of 88 88 ArtLook to respect the intellectual property rights of others. 88 88 ArtLook does not promote, foster or condone the copying of art or any other infringing activity. If you believe your work has been copied in a way that constitutes copyright infringement, are aware of any infringing material on the
88 88 ArtLook website, or know of someone who is making unauthorized use of the content of the
88 88 ArtLook website, please notify us at the address specified below of your concern by submitting a
signed written notice and containing the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
(ii) Identification of the copyrighted work claimed to have been infringed;
(iii) Identification of the material on the 88 88 ArtLook website that is claimed to be infringing, and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, if available, your e-mail address;
(v) A statement 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;
(vi) A statement that the above information is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of, the owner of the copyright that is allegedly infringed.
Our copyright notice email address is Annette@8888ArtLook.com. Please note, however, that in order for your notice to us to be effective under the Digital Millennium Copyright Act, your notice must be in writing and contain the elements described above. We will not be able to respond to any customer service or other issues through this email address. For queries that are not related to copyright matters, please see other ways to contact us.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material was removed or disabled by mistake or misidentification may be subject to liability.
Written communications concerning copyright infringement or counter-notifications under this section of our Terms of Use should be sent to the following address:
88 88 ArtLook
Attn: General Counsel/DMCA Notification
1245 Norwood Ave. #42, Boulder, CO 80304
email: CS@8888ArtLook.com
Last Updated: April 4, 2010
Use of the 88 88 ArtLook service and this website constitutes acceptance of our Terms of Use and Privacy Policy.
© 2010 8888ArtLook All rights reserved.