By using this website (“Website”) or clicking to accept the Terms of Service when this option is made available to you, you certify that you have read the following Terms of Service and agree to be bound by these terms. We, The Artful Resistance, only grant use and access to this Website, its products, and its services to those who have accepted these terms. We may revise and update these Terms of Service from time to time at our sole discretion. All revisions and changes are effective immediately when posted and apply to all access to and use of the Website afterward. Your continued use of the Website means accepting and agreeing to the changes. You are expected to check this page each time you access this Website to be aware of any changes, as they are binding on you. These Terms of Service supersede and replace all prior terms or agreements regarding using this website.

The following Conditions of Sale (“Agreement”) define the relationship between THE ARTFUL RESISTANCE (“ARTFUL RESISTANCE” or “we” or “us”) and the buyer (“you” or the “buyer”) of the artwork (“Work”) sold in connection with the website at www.TheArtistAri.com (the “Site”). We may modify these Conditions of Sale and any other terms, conditions, or information on the Site by posting such changes on the Site. By making an offer to purchase any Work or participating in any sale, you accept and agree to be bound by these Conditions of Sale and any other policies, guidelines, FAQs, and requirements that we post elsewhere on ARTFUL RESISTANCE from time to time, including ARTFUL RESISTANCE’s Terms of Service.

You may use the Website only for lawful purposes and in accordance with these Terms of Service.

These Terms of Service grant you a license to use the Website for your personal, non-commercial use only. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website, unless you obtain explicit written permission for such uses from The Artful Resistance. Any use of the Website or Website Content that is not expressly authorized herein is prohibited and immediately terminates the license granted herein.

Prohibited Uses

You agree not to:

Reproduce, duplicate, copy, sell, or otherwise exploit the Website or any product image, product listing, product description, price, page layout, page design, trade dress, trademark, logo, or other content of the Website ("Website Content") for any commercial purpose, except as expressly provided.

Use a robot, spider, or data mining or extraction tool or process to monitor, extract, or copy Website Content (except in the operation or use of internet "search engines," hit counters, or similar technology).

Use any meta tags, search terms, key terms, or the like that contain the Website’s name or trademarks used on the Website.

Engage in any activity that interferes with the Website or another user’s ability to use the Website.

Modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Website and the services offered on the Website

Assist or encourage any third party in engaging in any activity prohibited by these Terms of Service.

Otherwise, attempt to interfere with the proper working of the Website.

You acknowledge that the Website Content, including the Artwork and other products for sale on the Website, are the property of The Artful Resistance, or its licensors, and are protected by United States and international copyright laws.

The purchase of artwork from the Website (including art prints, original artwork, and downloadable digital tattoo images) (“Artwork”) does not provide you with any copyrights in the Artwork. Particular permissions regarding using the Artwork you purchase from this Website are addressed below. If you wish to obtain broader rights to the Artwork, you must obtain the written permission of The Artful Resistance.

Original Artwork

If you purchase an Original Artwork from this Website, you are purchasing only the physical work.

You are not allowed to photograph or otherwise reproduce the Original Artwork, create derivative works based on the Original Artwork, distribute copies of the Original Artwork, commercially exploit the Artwork, or receive any proceeds from its replication or likeness.

The Artful Resistance retains all copyrights in the Original Artwork, including without limitation the exclusive right to make derivative works of the Original Artwork; make, reproduce, and distribute photographic or digital images of the Original Artwork; and commercially exploit the Original Artwork.

Art Prints

If you purchase an Art Print from this Website, you are purchasing only the printed copy of an original work of art. The work of art depicted in the print remains the property of the Artist, and the Artist retains all copyrights in the Art Print and original work of art reproduced in the print.

You are not allowed to photograph or otherwise reproduce the Art Print, create derivative works based on the Art Print, distribute copies of the Art Print, commercially exploit the Art Print, or receive any proceeds from its replication or likeness.

Downloadable Images

All content on the Website, including but not limited to text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of The Artful Resistance or its suppliers and protected by copyright and other intellectual property or proprietary rights laws. The purchase of artwork or any product from the Website does not transfer any copyright or other proprietary rights in the work to you.If you purchase a Downloadable Image from this website, you are purchasing a single-use license to temporarily download one copy of the image and distribute the digital file to a printing service for the sole purpose of reproducing for personal use. The design remains the property of the Artist, and Artist retains all copyrights in the design.

With the exception of the rights in the license, you are not allowed to reproduce the image beyond personal use, create derivative works based on the image, distribute copies of the image, commercially exploit the image, or receive any proceeds from its replication or likeness.

Certain graphics, logos, page headers, button icons, scripts, and service names on this Website are trademarks, service marks, or trade dress of The Artful Resistance or its licensors. These marks may not be used for any commercial or other purposes without our prior written consent.

The buyer is responsible for paying all sales, use, GST, VAT, or other taxes or charges imposed by law (e.g., a resale royalty) which may be imposed in connection with the sale of the Work that we are required to collect under applicable law and shall indemnify, defend and hold harmless (including reasonable attorneys’ fees) The Artful Resistance from costs associated with any failure to do so. We are required to collect sales tax for any Work delivered in the same State that the Work is currently located in.

The Artful Resistance is not responsible for any act or omission of any packer, shipper or common carrier in the packing or shipping of the Work.

You agree that the laws of the State of Texas, without regard to conflict of law principles, govern these Terms of Service, or any dispute of any sort arising out of or related to this Terms of Service, your use of this Website, or your purchase or use of Artwork purchased through this Website. Travis County, Texas is the exclusive venue for any suits or proceedings arising out of or related to these Terms of Service or any works created under these Terms of Service.

These Terms of Service and any dispute that cannot be resolved informally between you and The Artful Resistance must be resolved by binding arbitration administered in Austin, Texas, by the American Arbitration Association in accordance with its Commercial Arbitration Rules. A single, neutral arbitrator will conduct the arbitration. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Before a party may seek arbitration, it must first send to the other party a written Notice of Dispute describing the nature and basis of the claim or dispute and the requested relief. A Notice of Dispute to The Artful Resistance should be sent to ari@theartfulresistance.com. After the Notice is sent, you and The Artful Resistance may informally attempt to resolve the claim or dispute. If you and The Artful Resistance do not resolve the claim or dispute within 30 days after the Notice is sent, either party may begin an arbitration proceeding.

You agree to defend, indemnify, and hold harmless The Artful Resistance, its affiliates, licensors, and service providers, and its and their respective members, managers, officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns (the “Indemnitees”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service. The Artful Resistance reserves the right to select its own legal counsel. Your duty to indemnify the Indemnitees survives any termination of these Terms of Service.

Except as provided for in the Certificate of Authenticity that accompanies the Work, neither The Artful Resistance nor any of our past, present, or future direct and indirect parents, subsidiaries, divisions, affiliates, officers, directors, employees, agents, representatives, attorneys, successors, receivers, insurers, guarantors, related companies, interest holders, members, partners, beneficiaries and assigns make any representation or warranty or assume any liability whatsoever with respect to the merchantability, fitness for a particular purpose, description, size, quality, condition, attribution, authenticity, rarity, importance, medium, provenance, exhibition history, literature or historical relevance of the Work, and no information regarding the Work provided on the Site, in a bill of sale or elsewhere will constitute any such warranty or assumption of liability. We are not responsible for any errors or omissions in any information on the Site or elsewhere regarding the Work. The Work is sold “AS IS.” We do not warrant that the buyer will acquire any copyright or other reproduction right to the Work.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the website or any services or items obtained through the website or to your downloading of any material posted on it, or on any website linked to it.

Your use of the website, its content, and any services or items obtained through the website is at your own risk. The website, its content, and any services or items obtained through the website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither The Artful Resistance, nor any person associated with The Artful Resistance, makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the website. Without limiting the foregoing, neither The Artful Resistance, nor anyone associated with The Artful Resistance, represents or warrants that (1) the website and its content will be accurate, reliable, error-free, or uninterrupted, (2) defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components, or (3) the website or any services or items obtained through the website will otherwise meet your needs or expectations.

This Agreement constitutes the entire agreement between The Artful Resistance and the buyer and supersedes all prior agreements, understandings, negotiations, and discussions, whether oral or written. We may assign our rights and obligations under this Agreement without the buyer’s consent. The buyer may not assign this Agreement without our prior written consent. No waiver by The Artful Resistance of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. If any provision of this Agreement is invalid, illegal, or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remaining provisions of this Agreement shall in no way be affected or impaired thereby. The headings contained in this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement. This Agreement shall be binding upon and inure to the benefit of The Artful Resistance and the buyer and their respective successors and assigns.