Terms of Purchase and Use

The Terms of Purchase and Use for Pure Victory Art LLC™ (“artist,” “we,” “our,” or “us”) are listed in this document and on our website, at purevictoryart.com.  These terms and conditions are effective as of November, 2025, but are part of a living document and are subject to future updates.  By visiting or interacting with our website (“Site”), making a purchase, or contacting us online or in-person, you thereby give your consent to our Privacy Policy (https://purevictoryart.com/privacy-policy/) and to the following terms and to subsequent updates: 

  1. OWNERSHIP OF CONTENT / COPYRIGHT AND TRADEMARK NOTICE

All creative works (including but not limited to paintings, photography, prints, logos, digital art, drawings, images, graphics, videos, writings, trademarks, maps, and designs) and other content displayed on this platform or sold to a customer (“Content”) are and remain the exclusive intellectual property of the original artist.  According to the U.S. Copyright Office, “Copyright is a type of intellectual property that protects original works of authorship as soon as an author fixes the work in a tangible form of expression.”

Unless otherwise stated, copyright remains with the original artist. Copyright is not transferred to the buyer upon purchase unless explicitly stated in writing.  You may not copy, reproduce, modify, or create derivative works from any Content without prior written permission.

All artwork, images, commissions, designs, text, website design, other materials, and other content displayed on this website or sold to a customer (“Content”) are the exclusive intellectual property of the artist and are protected under U.S. and international copyright laws.

Original paintings and drawings are only available in a quantity of one.  The artist is the only one legally able to make or copy prints, cards, or other reproductions of original artwork and original photographs.  The only way to legally obtain the artwork of Kathleen Victoria is to purchase it directly from Pure Victory Art LLC™ or from authorized retailers which have established an express written agreement with Pure Victory Art LLC™.    

Unauthorized use, reproduction, modification, or distribution of any content is strictly prohibited.

Any reproduction, distribution, modification, online use, sharing, social media use, or commercial use of the artworks requires prior written consent from the copyright holder (i.e., the artist).  No Content may be copied, reproduced, electronically stored, transmitted, or used in any form without prior written consent from the artist and Pure Victory Art LLC™.

Artists retain the right to:

  • Be credited as the creator of their work.
  • Control how their work is used, reproduced, or adapted.
  • Request removal of their work from the platform if they choose to withdraw consent.
 

Pure Victory Art LLC™ and all related names, associated logos, websites, or branding elements are trademarks of Pure Victory Art LLC™ and its owner.  Any use of these trademarks without express written permission is not allowed.  Unauthorized use of the Content or trademarks may violate copyright, trademark, and other applicable laws.

  1. USER / CUSTOMER / PURCHASER RESPONSIBILITIES

Users/Customers/Purchasers must not claim ownership of any artwork that is not their own.  Purchasing a piece of art does not transfer ownership; artists maintain full copyright.

  • Personal Use: Customers may purchase artworks for personal enjoyment (e.g., home display, personal gifts, greeting cards).

*Note:  To maintain colorfastness, it is recommended that paintings and prints be framed behind UV-blocking glass and not displayed in direct light.

  • Commercial Use: Any reproduction, resale, distribution, or use of artworks or content for business, marketing, or profit purposes requires a separate commercial license agreement or an established contract in writing with the artist.
 

Users/Customers/Purchasers must not use artworks in ways that infringe upon the moral or economic rights of the artist.

Any unauthorized use may result in legal action under applicable copyright laws.

  1. ARTIST’S RIGHTS

    The artist retains the right to:

    • Display sold works in their portfolio, exhibitions, or promotional materials.
    • Create and sell reproductions of original works unless exclusivity has been purchased.
    • Decline any use of their work that they deem harmful, defamatory, or unlawful.
 
  1. SUBMISSIONS, CUSTOM COMMISSIONS, & CONTRACTS
  • Commissions and contracts are considered on a case-by-case basis and are weighed against current workload.  The artist reserves the right to refuse commissions or contracts for any reason.
  • The artist retains all rights to creative expression in commissioned works.  Contracted work will be conducted under the terms of the established contract.
  • For commissioned works, the artist maintains copyright unless a written transfer agreement is signed. Purchase of original artwork or commissioned pieces does not transfer any copyrights to the customer.
  • Clients receive a license to use the commissioned artwork for the agreed purpose (e.g., home display, personal gifts, greeting cards).
  • Unauthorized alterations or reproductions of commissioned works or original works are prohibited.
 
  1. DIGITAL DOWNLOADS AND FILES
  • Digital files purchased or provided are licensed for personal use only (e.g., printing for home décor, portraits, phone lock screens, etc.).
  • Buyers may not share, post online, resell, or redistribute digital files in any format, unless these rights are included in an expressly written contract.

 

  1. PRICES

All prices are subject to future updates.  

Municipalities or other states may impose additional taxes, which could affect the listed prices.  

Shipping and handling will cost extra.  Please contact us to discuss your shipping needs.  Depending upon the circumstances, we may not be able to ship internationally.

Prices for GIS and Cartography services will vary based upon the needs and contract terms of each project.

  1. REFUNDS & RETURNS

All Sales Are Final and AS-IS.  We do not accept returns or issue refunds.  

  1. INFRINGEMENT POLICY
  • Unauthorized use of artworks may result in legal action under applicable copyright laws.
  • The artist reserves the right to issue takedown notices for infringing content online.

 

  1. USER-GENERATED CONTENT

Purevictoryart.com may contain user-generated content, such as website comments, reviews, posts, and/or form or forum entries.  By generating such content or submitting content to Pure Victory Art LLC™, you relinquish rights to this content and exempt Pure Victory Art LLC™ and any companies with which we do business, such as Elementor Ltd., from any liability.

  1. USE OF THE SITE

 

You agree not to:

  • Download or save artwork except where explicitly permitted
  • Use automated tools (bots, scrapers, etc.)
  • Interfere with the Site’s functionality
  • Use the Content for AI training, NFTs, or commercial purposes without permission

 

This Site may contain links to third‑party websites. We are not responsible for the content, policies, or practices of those external sites.

The Site and all Content are provided “as is” and “as available” without warranties of any kind, express or implied.

We do not guarantee that:

  • The Site will be uninterrupted or error‑free
  • The Content will be precise, complete, or current
  • The Site will be free of viruses or harmful components

 

To the fullest extent permitted by law, we disclaim all warranties.

 

  1. LIMITATION OF LIABILITY

To the maximum extent permitted by law, Pure Victory Art LLC™, including any employees, agents, or affiliates, shall not be liable for any damages of any kind arising out of or related to your use of the Site or the Content. This includes, without limitation:

  • Direct, indirect, incidental, consequential, or punitive damages
  • Loss of data, profits, revenue, or goodwill
  • Claims related to downloading, viewing, or using Content

Your sole remedy for dissatisfaction with the Site is to stop using it.

  1. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Pure Victory Art LLC™, including any employees, agents, advisors, affiliates, partners, and any companies with which we do business, from any claims, liabilities, damages, losses, or expenses (including legal fees) arising out of:

  • Your use or misuse of the Site
  • Your violation of these Terms
  • Your infringement of any intellectual property or other rights

 

  1. GOVERNING LAW

These terms are governed by the copyright laws of the United States of America and are governed by the laws of the state of West Virginia, without regard to conflict‑of‑law principles.

Any disputes will be resolved under the applicable legal framework.

  1. CHANGES TO THESE TERMS

We reserve the right to modify our terms, conditions, and policies at any time.

If you do not agree to be bound by these terms, conditions, and policies, and to subsequent updates, please do not use our website or our services.  

Pure Victory Art LLC™

PO Box 17

Dailey, West Virginia 26259

Copyright © 2025 Pure Victory Art LLC™.  All Rights Reserved.