1. Acceptance of Terms

Welcome to XLNT Creative Portfolio Platform (the “Platform”), operated by XLNT(“XLNT”, “we”, “us”, or “our”). These Terms of Service (“Terms”) constitute a legally binding agreement between you andXLNT regarding your use of our creative portfolio platform and related services.

By accessing, browsing, or using our Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use our Platform.

These Terms apply to all users of the Platform, including visitors, registered users, and content creators. You must be at least 13 years old to use our Platform. If you are under 18, you represent that you have your parent's or guardian's permission to use the Platform.

Effective Date: January 25, 2025

2. Description of Service

XLNT Creative Portfolio Platform is a creative portfolio platform that enables users to:

• Create and Manage Portfolios: Build professional portfolios to showcase creative work and projects
• Share Creative Content: Upload, organize, and share images, videos, and other creative materials
• Connect with Others: Network with other creative professionals and build meaningful connections
• Discover Content: Explore and discover creative work from other users on the platform
• Engage and Interact: Comment, react, and provide feedback on creative content
• Manage Professional Presence: Maintain a professional online presence for career development

Our Platform is designed to support creative professionals, including but not limited to designers, artists, photographers, writers, developers, and other creative individuals seeking to showcase their work and connect with peers.

We reserve the right to modify, suspend, or discontinue any aspect of our Platform at any time, with or without notice, though we will make reasonable efforts to notify users of significant changes.

3. User Accounts and Registration

3.1 Account Creation

To access certain features of our Platform, you must create an account by providing accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.2 Account Security

• You must choose a secure password and keep it confidential
• You must not share your account credentials with others
• You must notify us immediately of any unauthorized use of your account
• You are responsible for all activities that occur under your account

3.3 Account Information

You agree to provide accurate and up-to-date information in your profile and to update this information as necessary. False, misleading, or impersonating information may result in account suspension or termination.

3.4 One Account Per User

Each user may maintain only one account. Creating multiple accounts to circumvent restrictions or for deceptive purposes is prohibited and may result in termination of all associated accounts.

4. Acceptable Use Policy

You agree to use our Platform in a manner that is lawful, respectful, and consistent with these Terms. Your use of the Platform must comply with all applicable local, state, national, and international laws.

4.1 Permitted Uses

• Creating and sharing original creative content
• Building professional portfolios and profiles
• Networking and connecting with other creative professionals
• Providing constructive feedback and engaging in professional discussions
• Using the Platform for legitimate business and professional purposes

4.2 Professional Conduct

As a platform for creative professionals, we expect all users to maintain professional standards in their interactions. This includes:

• Treating other users with respect and courtesy
• Providing constructive and helpful feedback
• Maintaining professional communication standards
• Respecting diverse perspectives and creative approaches

4.3 Content Standards

All content shared on the Platform must be appropriate for a professional creative environment. Content should be relevant to creative work, professional development, or industry discussions.

5. Content Ownership and Intellectual Property

5.1 Your Content Rights

You retain all ownership rights to the creative content you upload and share on our Platform (“Your Content”). By uploading content, you do not transfer ownership to us, but you do grant us certain rights as described below.

5.2 License to Use Your Content

By uploading content to our Platform, you grant XLNT a non-exclusive, worldwide, royalty-free license to:

• Display your content on the Platform as part of your portfolio or showcase
• Store and process your content to provide Platform services
• Create thumbnails, previews, and other derivative works necessary for Platform functionality
• Allow other users to view and interact with your content according to your privacy settings

This license exists only for the purpose of operating and improving our Platform. We will not use your content for commercial purposes outside of providing our Platform services.

5.3 Platform Intellectual Property

The Platform itself, including its design, functionality, code, and proprietary features, is owned by XLNT and protected by intellectual property laws. You may not:

• Copy, modify, or create derivative works of the Platform
• Reverse engineer or attempt to extract source code
• Use our trademarks, logos, or branding without permission
• Remove or alter any proprietary notices or labels

5.4 Respect for Others' Rights

You must respect the intellectual property rights of others. You may only upload content that:

• You own or have the right to use
• Does not infringe on others' copyrights, trademarks, or other intellectual property rights
• Complies with all applicable licensing terms if using third-party materials
• Includes proper attribution when required

6. User-Generated Content Guidelines

6.1 Content Responsibility

You are solely responsible for all content you upload, share, or otherwise make available on the Platform. This includes ensuring that your content:

• Is accurate and not misleading
• Does not violate any laws or regulations
• Does not infringe on others' rights
• Is appropriate for a professional creative platform

6.2 Content Quality Standards

To maintain the quality and professionalism of our Platform, we encourage users to share:

• High-quality creative work and professional projects
• Work-in-progress updates and creative process documentation
• Educational content and tutorials related to creative fields
• Professional achievements and career milestones

6.3 Content Moderation

We reserve the right to review, moderate, or remove content that violates these Terms or our community standards. While we strive to maintain a high-quality platform, we do not pre-screen all content and are not responsible for user-generated content.

6.4 Reporting Inappropriate Content

If you encounter content that violates these Terms or is inappropriate, please report it to us. We will investigate reports and take appropriate action, which may include content removal or account restrictions.

7. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using our Platform, you consent to the collection and use of your information as described in our Privacy Policy. Please review our Privacy Policy to understand how we handle your data.

You have control over the privacy settings for your content and profile. You can adjust these settings to control who can view your content and how you appear to other users on the Platform.

8. Prohibited Activities

The following activities are strictly prohibited on our Platform:

8.1 Illegal Activities

• Using the Platform for any illegal purpose or in violation of any laws
• Uploading or sharing content that promotes illegal activities
• Engaging in fraud, deception, or misrepresentation

8.2 Harmful Content

• Uploading content that is defamatory, harassing, or threatening
• Sharing content that promotes violence, hatred, or discrimination
• Posting content that is sexually explicit or inappropriate for a professional platform
• Distributing malware, viruses, or other harmful code

8.3 Platform Abuse

• Attempting to gain unauthorized access to other users' accounts
• Interfering with the Platform's functionality or security
• Creating fake accounts or impersonating others
• Spamming, sending unsolicited messages, or engaging in excessive self-promotion

8.4 Intellectual Property Violations

• Uploading content that infringes on others' copyrights or trademarks
• Using others' creative work without proper permission or attribution
• Claiming ownership of work that belongs to others

9. Termination of Service

9.1 Termination by You

You may terminate your account at any time by contacting us or using the account deletion feature in your account settings. Upon termination, your access to the Platform will cease, and your content may be removed according to our data retention policies.

9.2 Termination by Us

We reserve the right to suspend or terminate your account and access to the Platform at any time, with or without notice, for any reason, including:

• Violation of these Terms or our community guidelines
• Engaging in prohibited activities or harmful behavior
• Providing false or misleading information
• Inactivity for an extended period

9.3 Effect of Termination

Upon termination of your account:

• Your access to the Platform will immediately cease
• Your content may be removed from the Platform
• You will lose access to any data or content stored on the Platform
• Certain provisions of these Terms will survive termination

9.4 Data Export

Before terminating your account, you may request an export of your data. We will provide your data in a commonly used format, subject to technical limitations and applicable laws.

10. Disclaimers and Limitation of Liability

10.1 Platform Availability

We strive to maintain the Platform's availability, but we cannot guarantee uninterrupted access. The Platform is provided “as is” and “as available” without warranties of any kind, either express or implied.

10.2 Disclaimer of Warranties

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

• Warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties regarding the accuracy, reliability, or completeness of content
• Warranties that the Platform will be error-free or secure

10.3 Limitation of Liability

To the maximum extent permitted by law, XLNT shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, data, or business opportunities
• Damages resulting from use or inability to use the Platform
• Damages resulting from user-generated content or interactions with other users

10.4 Maximum Liability

Our total liability to you for all claims arising from or relating to the Platform shall not exceed the amount you have paid us in the twelve months preceding the claim, or $100, whichever is greater.

11. Indemnification

You agree to indemnify, defend, and hold harmless XLNT, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising from:

• Your use of the Platform in violation of these Terms
• Your content or any infringement of intellectual property rights
• Your interactions with other users
• Your violation of any applicable laws or regulations

This indemnification obligation will survive termination of your account and these Terms.

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where XLNT is located, without regard to conflict of law principles.

12.2 Dispute Resolution

Before pursuing formal legal action, we encourage you to contact us to resolve any disputes informally. Many disputes can be resolved through direct communication.

12.3 Jurisdiction

Any legal action or proceeding arising from or relating to these Terms shall be brought exclusively in the courts of competent jurisdiction where XLNT is located.

12.4 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

13. Changes to Terms

We may update these Terms from time to time to reflect changes in our services, legal requirements, or business practices. When we make changes, we will:

• Update the “Effective Date” at the beginning of these Terms
• Notify you of material changes through email or Platform notifications
• Provide a reasonable period for you to review the updated Terms
• Allow you to terminate your account if you disagree with the changes

Your continued use of the Platform after the effective date of any changes constitutes your acceptance of the updated Terms.

We recommend reviewing these Terms periodically to stay informed of any updates or changes that may affect your use of the Platform.

14. Contact Information

If you have any questions, concerns, or legal inquiries regarding these Terms of Service, please contact us: