Effective Date: October 21, 2026
These Terms of Service (“Terms”) govern your use of the Elate Artist Collective website and related services operated by Elate Business Concepts Group, LLC, doing business as Elate Artist Collective (“Elate,” “we,” “us,” or “our”). By using the Services, creating an account, or placing an order, you agree to these Terms to the extent permitted by law.
Artist Enrollment, Membership Fees & No-Refund Policy
All validly charged artist activation, enrollment, publishing, and membership fees are final and nonrefundable, except where applicable law requires a refund or Elate expressly authorizes one in writing. The one-time Artist Activation & Publishing Fee and any future separately authorized monthly membership charges are governed by the Artist Fees & No-Refund Policy and Artist Subscription & Billing Terms. Fees, billing intervals, cancellation methods, and any separate tax-compliance processing charges must be disclosed before payment. This fee policy does not limit statutory rights, remedies for billing errors or failure to provide paid services, or qualifying remedies for customer merchandise orders.
1. Eligibility and Accounts
You must be legally capable of entering into a binding agreement to create an account or place an order. Artist applicants must be at least 18 years old. You are responsible for accurate account information, safeguarding credentials, and activity under your account. Notify Elate promptly of suspected unauthorized access.
2. Orders, Pricing, and Acceptance
Prices, product descriptions, availability, production options, shipping charges, taxes, and other order terms are shown before purchase. An order confirmation acknowledges receipt of an order but does not prevent Elate from canceling an order for fraud, pricing error, unavailability, rights concerns, or another lawful reason. If Elate cancels a paid order, amounts collected for the canceled portion will be refunded.
3. Shipping and Delivery
Elate will state a shipping or production estimate when reasonably available and will maintain a reasonable basis for any stated shipment time. For merchandise orders covered by applicable federal shipment rules, if no shipment time is stated, Elate will use a reasonable basis for shipment within 30 days. If Elate cannot ship within the promised or otherwise applicable period, Elate will seek the customer’s consent to a delay when required or issue the required refund for unshipped merchandise. Delivery dates after transfer to a carrier are estimates unless expressly guaranteed.
4. Returns, Refunds, and Chargebacks
Returns and refunds are governed by the Shipping, Returns, Refunds & Chargebacks Policy. Elate may request prompt notice and supporting photographs or other information for damage, defect, or order-error claims. A requested reporting period does not, by itself, waive a right or remedy that applicable law does not permit a consumer to waive. Nothing in these Terms limits lawful payment-card dispute rights.
5. Custom and Print-on-Demand Products
Many products are made, printed, framed, or otherwise produced to order. Except where required by law or provided by the Refund Policy, change-of-mind, preference, sizing, color-perception, or other non-defect requests may not qualify for return or refund once production has begun. Any product-specific cancellation rule shown before purchase controls to the extent consistent with applicable law.
6. Reviews and User Content
If you submit a review, comment, image, testimonial, or other content, you retain ownership of your content and grant Elate a nonexclusive, worldwide, royalty-free license to display, reproduce, format, and distribute that content for operating and promoting the Services. This license does not require you to transfer ownership of your review. Elate will not impose a contractual penalty merely because you provide an honest negative review. Elate may remove content that is unlawful, infringing, threatening, deceptive, defamatory, unrelated, contains private information, or otherwise violates these Terms.
7. Intellectual Property
Except for artist or user content, the Services, branding, software, page designs, text, graphics, and other Elate materials are owned by or licensed to Elate and are protected by applicable intellectual-property laws. You may use the Services only for their intended purpose. You may not copy, scrape, reverse engineer, exploit, or republish protected Elate materials except as permitted by law or written authorization.
8. Artist Content
Artist application portfolio links are governed by the separate Portfolio Review Authorization. Application review does not grant Elate a gallery license. Artwork accepted for consignment is governed by the Artist Participation & Consignment Agreement executed after Elate accepts the consignment.
9. Third-Party Services
The Services may use third parties for hosting, payments, tax compliance, printing, framing, shipping, communications, and other functions. Those providers may have separate terms and privacy notices. Elate remains responsible for its own obligations and does not disclaim duties that applicable law does not permit it to disclaim merely because a vendor performs a service.
10. Warranties
Website functionality is provided on an “as available” basis. To the maximum extent permitted by law, Elate disclaims warranties relating solely to uninterrupted website availability, error-free operation, or compatibility. Product warranties, including any implied warranties that cannot lawfully be excluded or modified, are not eliminated by this website-functionality disclaimer. Any lawful exclusion or limitation of product warranties must satisfy applicable law, including any requirements governing conspicuous warranty language.
11. Limitation of Liability
To the maximum extent permitted by law, Elate will not be liable for indirect, incidental, special, exemplary, or consequential damages arising from use of the Services. For claims not involving fraud, willful misconduct, infringement, confidentiality or privacy obligations, amounts that cannot lawfully be limited, or other nonwaivable rights, Elate’s aggregate liability will not exceed the greater of the amount paid by the claimant to Elate for the transaction giving rise to the claim or $100. This section does not limit remedies that applicable law makes nonwaivable.
12. Indemnity
You agree to indemnify Elate from third-party claims to the extent caused by your unlawful conduct, your infringement or misappropriation of third-party rights, or content you submitted without required rights or authorization. This provision does not require indemnification for losses caused by Elate’s own negligence, willful misconduct, or breach of law to the extent such allocation is prohibited.
13. Governing Law and Disputes
These Terms and the relationship with Elate are governed by Wisconsin law, without regard to conflict-of-law principles, except to the extent applicable law requires otherwise. Before filing an ordinary court action, the parties will provide written notice of the dispute and make a good-faith effort to resolve it for 30 days. Except for qualifying small-claims matters, requests for emergency injunctive relief, or where applicable law requires another forum, proceedings will be brought in a court of competent jurisdiction serving Milwaukee County, Wisconsin.
14. Changes
Elate may update these Terms prospectively. The revised Terms will show a new effective date and additional notice will be provided when required. A change does not retroactively alter a completed transaction unless permitted by law and agreed where required.
15. Contact
Elate Business Concepts Group, LLC, Attn: Elate Artist Collective, PO Box 100088, Milwaukee, WI 53210. Email: art@elategallery.com. Telephone: 1-414-800-0809.