These Terms of Use ("Terms") govern access to and use of the FineArt Association platform, operated by WFUGISSE ESTUDIO FOTOGRAFICO LTDA, registered under CNPJ No. 56.209.043/0001-36, headquartered at Av. Afonso Pena, 394, loja 27B, Petrópolis, Natal/RN, Brazil.
Using the platform requires reading, understanding, and fully accepting these Terms. If you do not agree with any provision herein, you must refrain from using the services.
1. Acceptance of the Terms
By creating an account or using the platform, you declare that you have full legal capacity and agree, freely and on an informed and unequivocal basis, to these Terms and to our Privacy Policy, which forms part of this instrument for all purposes. Acceptance is recorded with date and time.
2. Definitions
- Platform: the website and services offered by FineArt Association.
- User or Member: the photographer, professional, or person who creates an account and uses the platform.
- User Content: the photographs, descriptions, comments, and other materials submitted by the User.
- Contest: a photography competition held on the platform, also governed by the General Rules.
3. Registration, account, and eligibility
The platform is intended for professionals aged 18 or over. To use it, you must provide truthful, accurate, and up-to-date information, using your real name, and keep it updated. Registration is subject to review and approval by FineArt Association, which may refuse it at its discretion.
You are solely responsible for safeguarding the confidentiality of your access credentials and for all activity carried out under your account, and you agree to immediately report any unauthorized use.
4. License to use the platform
We grant you a limited, personal, non-exclusive, non-transferable, and revocable license to access and use the platform in accordance with these Terms. Using the platform for purposes other than those set out herein is prohibited, as are its unauthorized commercial exploitation, the massive extraction of data, and the use of automated mechanisms without our consent.
5. Membership, annual fee, and payments
Membership is subject to payment of an annual fee, whose terms regarding amount, validity, renewal, and refund are provided at the time of purchase. Payments are processed through a specialized provider (Stripe). Non-payment may result in the suspension of access to features restricted to active members.
6. Contest participation
Contest participation is also governed by the General Rules, which form part of these Terms. You are responsible for ensuring that you hold all rights to the submitted User Content and that your participation complies with the rules of each contest. FineArt Association may disqualify entries that violate these Terms, the General Rules, or applicable law.
7. User content and license to use
You retain ownership of the copyright in the User Content you submit. By submitting it, you grant FineArt Association a free, non-exclusive license to display, reproduce, share, and promote that content within the platform, the contests, and its communication channels, including social media, with due attribution of authorship, except in the case of account deletion.
You represent and warrant that the User Content does not infringe third-party rights, including copyright, image, and personality rights, and that you have obtained all necessary authorizations from any people depicted.
8. Protection of children and adolescents
When the User Content depicts, directly or indirectly, a child or adolescent (under 18), you declare that you hold express, specific, written authorization from the legal guardians, in accordance with Law No. 15.211/2025 (Digital ECA), and you undertake to provide proof whenever requested. Submitting content that represents the abuse, exploitation, or sexualization of children and adolescents is strictly prohibited; such content will be removed and may be reported to the competent authorities. With each contest entry, you confirm, and we record, your commitment to the obligations of that law.
9. Intellectual property
The brand, logo, business name, texts, layout, graphic elements, code, and other elements of the platform belong to FineArt Association or its licensors and are protected by intellectual property law. Their reproduction, distribution, or use without prior, express authorization is prohibited.
10. Prohibited conduct
When using the platform, the following, among other conduct, is prohibited:
- submitting unlawful, offensive, or defamatory content, or content that infringes third-party rights;
- defrauding or manipulating voting, results, or any contest mechanism;
- attempting to access restricted areas, accounts, or systems without authorization;
- introducing malicious code or performing acts that compromise the security or operation of the platform;
- using the platform for purposes other than those set out in these Terms.
11. Privacy and data protection
The processing of your personal data is governed by our Privacy Policy, prepared in accordance with Brazilian Law No. 13.709/2018 (LGPD).
12. Suspension and termination
We may suspend or terminate, in whole or in part, the access of accounts that violate these Terms, the General Rules, or applicable law, without prejudice to any applicable measures. You may also request the closure of your account at any time, from your account area, subject to the legal data retention obligations described in the Privacy Policy.
13. Disclaimers and limitation of liability
The platform is provided "as is" and "as available". We use reasonable efforts to keep it running, but we do not guarantee uninterrupted availability or freedom from errors. To the maximum extent permitted by applicable law, FineArt Association is not liable for indirect damages, lost profits, or losses arising from the use of, or inability to use, the platform, nor for conduct by third parties.
14. Changes to these Terms
We may modify these Terms at any time. The current version and the update date appear at the top of this page. Continued use of the platform after the changes take effect represents your agreement with the new version.
15. General provisions
Any tolerance regarding the breach of any provision of these Terms does not constitute novation or waiver of rights. If any clause is deemed invalid or unenforceable, the remaining clauses will remain in full force. These Terms constitute the entire agreement between you and FineArt Association regarding use of the platform.
16. Governing law and jurisdiction
These Terms are governed by the laws of the Federative Republic of Brazil. The courts of the district of Natal, State of Rio Grande do Norte, Brazil are designated to resolve any disputes arising from this instrument, waiving any other, however privileged.