TERMS AND CONDITIONS

Membership at 1x.com

These terms and conditions apply between 1x Innovations AB (hereinafter 1x) and you (the member) where you will obtain membership at 1x's website and you grant 1x the right to display your uploaded photographs online at 1x's website.

By clicking "Create account" you represent that you have read and understood the terms and conditions below and that you agree to be bound by these terms and conditions.

1. Definitions

The following terms shall have the meanings assigned to the herein below.

1.1 "Agreement" means the terms and conditions below, to which you have agreed to be bound.

1.2 "Member" (or "you") means the individual or entity that has accepted and agreed to be bound by the terms and conditions of this Agreement in accordance with the provisions in the preamble above.

1.3 "1x's website" shall mean 1x's websites 1x.com and onexposure.net and personal homepages hosted by 1x.

1.4 "Your Photograph(s)" shall mean the photographs that you have uploaded to 1x's website and which are subject to the licenses granted to 1x under Section 2 below.

1.5 "Account" shall mean the account you register at 1x's website 1x.com by accepting this Agreement and clicking "Create account".

2. License grant

2.1 1x is hereby granted the right to display Your Photograph(s) on 1x's website and to store Your Photograph(s) on its servers and backups. You will remain the copyright owner of Your Photograph(s).

2.2 In addition to Section 2.1, 1x is hereby granted the right to display Your Photograph(s) in thumbnail version(s) on other sites.

2.3 In addition to Section 2.1 and 2.2, 1x is hereby granted the right to post to and display Your Photograph(s) on facebook.com. In your settings in your account on 1x's website you can change settings to prevent 1x from posting any of Your Photograph(s) not already posted to facebook.com to facebook.com. The default setting is that 1x is allowed to post Your Photograph(s) to facebook.com. 1x is always allowed to display Your Photograpj(s) posted to facebook.com on facebook.com.

2.4 In addition to Section 2.1, 2.2 and 2.3, 1x is hereby granted the right to display Your Photograph(s) in mobile applications, for example iPhone/iPad and Android applications, in the same sizes as displayed on 1x's website and in upsized and downsized versions.

3. Warranties and indemnifications

3.1 You warrant that you are the copyright owner of Your Photograph(s) and that you have all necessary permits and sufficient rights in and to Your Photograph(s) to grant to 1x the rights indicated under Section 2 above. For avoidance of any doubt, if Your Photograph(s) is a montage, you warrant that you are the copyright owner and that you have all necessary permits and sufficient rights in and to all parts of Your Photograph(s) to grant 1x the rights indicated under Section 2 above.

3.2 You undertake to defend, at your own expense, 1x against any claims from third parties alleging that 1x's use of Your Photograph(s) in accordance with this Agreement constitute an infringement of any rights of a third party (hereinafter referred to as "Claims") and to indemnify and hold 1x harmless from any costs, damages, liabilities, and/or expenses (including reasonable legal fees) suffered or incurred by 1x due to or arising from such Claims.

3.3 You warrant that you have all the necessary model releases and that you have obtained all the necessary approvals from persons that appear in Your Photograph(s) to grant to 1x the rights indicated under Section 2 above.

3.4 You warrant that Your Photograph(s) do not contain any illegal material and/or in themselves constitute illegal material.

3.5 You warrant that Your Photograph(s) do not contain anything that may constitute a violation of the personal integrity and privacy of an individual.

3.6 You warrant that Your Photograph(s) do not contain anything that may offend, slander, defame or discriminate any individual, entity or group of people.

3.7 You undertake to indemnify 1x for any and all costs, losses and/or damages incurred by 1x due to or arising from a breach of any of the warranties under this Section 3.

3.8 You acknowledge and agree that if you fail to fulfill any of your undertakings under this Section 3, 1x might ban or delete your Account from further use. If your Account is deleted or banned no money will be refunded.

4. Member's undertakings

4.1 You undertake to register a valid email address in the email field when you create your account and to keep your account information updated with a valid, active email address in the "Settings"-page in your "Account"-page at 1x's website.

4.2 You warrant that you are the author of all of Your Photograph(s) and if Your Photograph(s) is a montage, that you are the author of all parts of Your Photograph(s). You are not allowed to upload photographs to 1x's website, which someone else has taken, for example stock photography or creative commons material, or use such material in any part of Your Photograph(s). If in doubt, 1x might request original source files or negative scans from you to verify that you are the author of Your Photograph(s).

4.3 You warrant that Your Photograph(s) consist of original photographic source files or film negatives and are not computer generated. If Your Photograph(s) is a montage you warrant that all parts of Your Photograph(s) consist of original photographic source files or negative scans and are not computer generated. If in doubt, 1x might request original source files or negative scans from you to verify that Your Photograph(s) is not computer generated.

4.4 You undertake to only register one account at 1x.com. If your Account has been banned, or if you have lost your username or password, or for any other reason, you are not allowed to register a new account, without the written consent of 1x.

4.5 You undertake to keep your password safe and never share it with anyone or write it down. 1x staff will never ask for your password. If you have lost your password you are able to reset it.

4.6 You warrant that the country you have selected in the webshop when you make purchases on 1x, is the country you actually reside in.

4.7 You acknowledge and agree that if you fail to fulfill any of your undertakings under this Section 4, 1x might delete one or more of Your Photograph(s) and might delete or ban your account from further use for a limited period of time decided by 1x or permanently. If your Account is deleted or banned no money will be refunded.

5. 1x's undertakings

5.1 1x decides exclusively and in its sole discretion which of Your Photograph(s) to publish and display in the public gallery on 1x's website. A decision not to publish Your Photograph(s) can not be appealed. No reasons will be given why Your Photograph(s) was published or not, because 1x's curators lack the time to do so. If Your Photograph(s) has been published 1x undertakes to display it in its public gallery on 1x.com.

5.2 1x undertakes to acknowledge and identify you as the copyright holder of Your Photograph(s). Such acknowledgement will be made on 1x's website and on facebook.com if Your Photograph(s) has been posted to facebook.com.

5.3 1x undertakes to not to share your personal information with anyone who is not a member of its staff, without your consent.

6. 1x's handling of Your Photograph(s)

6.1 Once Your Photograph(s) has been uploaded to 1x's website, it is not possible to delete it unless you end your membership. Your Photograph(s) posted to facebook.com will not be deleted from facebook.com even if your account is deleted. If you have special circumstances, like copyright issues or personal issues, contact support and state your reasons for deletion. 1x decides exclusively if Your Photograph(s) will be deleted in such a case.

6.2 You can upload high resolution file(s) of Your published Photograph(s), if you participate in photo book projects or print sales. Your high resolution files are only accessible by 1x, its subcontractors and partners. 1x undertakes to inform its subcontractors and partners that they may not user Your Photograph(s) for any other purposes than to fulfill the task(s) assigned to them by 1x and that they may not keep any copies of Your Photograph(s) after fulfillment of the task(s) assigned to the them by 1x.

6.3 If you end your membership in the "Settings"-page in the "Account"-page at 1x's website, your Account will be deleted after three months, unless you log in to 1x before the three months have ended. When your Account has been deleted all Your Photograph(s), both as they appear on 1x's website and in high resolution file(s), will be deleted from 1x's servers. Your Photograph(s) may still remain on backups, not accessible by the public. Your Photograph(s) posted to facebook.com will not be deleted and 1x is allowed to continue display such photos on facebook.com.

6.4 You acknowledge and agree that 1x and its staff has the right to delete any of Your Photograph(s), thumbnail versions of Your Photograph(s), high resolution file(s) or other material submitted by you at any time and for any reason, both from 1xÕs website and other websites where Your Photograph(s) are dispalyed in accordance with the license granted under Section 2 above, for example facebook.com.

7. Personal information and cookies

7.1 You agree that your personal information, including, but not limited to your full name, username, display name email, phone number, address, paypal address (if you participate in print sales), presentation text, profile photo, photos, private messages, chat conversations, public comments, forum posts and information on your profile-page, will be stored on our servers and in our databases. Your paypal address will not be shared with anyone outside of 1x's staff. Your address, email and phone number, will not be shared with anyone except 1x's staff or when necessary 1x's subcontractors (e.g. printing labs and distributors). 1x has the right to take necessary measures to prevent spam, commercial messages or other abuse indicated under Section 8.1 and 8.2 in private conversations.

7.2 You can change your personal information in your "Settings"-page in your "Account"-page and your "Profile"-page at 1x's website.

7.3 If you end your membership in the "Settings"-page in the "Account"-page at 1x's website, your Account will be deleted after three months, unless you log in to 1x's website before the three months have ended. When your Account has been deleted your personal information (as defined in Section 7.1, except public forum posts, photo comments, critique posts, wall posts, and private messages) will be deleted from 1x's servers. Your personal information (as defined in Section 7.1) may still remain on backups, not accessible by the public. Your Photograph(s) posted on facebook.com will remain on facebook.com.

7.4 1x uses cookies to store information about your log in session and your shopping cart.

8. Rules for writing comments

8.1 It is strictly prohibited to advertise products, services, other sites, companies or causes on 1x's website or contact our members in order to do so, without the written consent of 1x. It is also prohibited to contact our members to with offers, to make them join other sites or organizations or donate money, without the written consent of 1x. All commercial messages are strictly prohibited in all forms of communication on 1x's website both in public and in private, without the written consent of 1x.

8.2 When communicating on 1x, no matter if it is in chat, private messages, the forum, photo critique, tutorials, walls, photo comments, voting or other, always use a friendly, polite language. Never write in anger, insult, slander, defame, offend or make personal accusations or attacks against someone. Never use a rude language. When commenting on another member's photo(s) you are required to be extra careful. Insulting, offending, slandering, defaming or discriminating someone for any reason is strictly prohibited. Please refer to the "FAQ"-page in the "About"-page for the complete updated rules about communicating on 1x's website.

8.3 When writing in photo critique, you must give useful, constructive tips on how to improve the photo you are commenting. Always explain in detail why you have a certain opinion. For a complete list of rules, refer to the "guidelines for participating in the critique forum" link in the "Critique"-page at 1x's website. Failure to follow the rules may lead to a loss of critique privileges and a temporary or permanent ban from the critique forum or 1x's website.

8.4 It is not allowed to question the decisions of 1x and its curators to publish or not publish photos or discuss individual decisions in public in all forms of communication on 1x's website. If you disagree about a certain decision contact support.

8.5 You acknowledge and agree that 1x and its staff has the right to delete any comment, forum post, wall post, critique post or other text or material submitted by you at any time and for any reason.

8.6 You acknowledge and agree that if you fail to fulfill any of your undertakings under this Section 8, 1x might temporarily or permanently ban your account from writing comments or ban or delete your account entirely from 1x's website. If your Account is deleted or banned no money will be refunded.

9. Usage of and linking to photos

9.1 Copying, downloading, taking screenshots, displaying, printing or otherwise using photos on 1x without the written consent of both 1x and the author (photographer) of the photograph is strictly prohibited. Photos published on 1x have a copyright banner attached to the bottom, it is strictly prohibited to remove this copyright banner.

9.2 When linking to photos on 1x's website, you are only allowed to link to the full image page with all information included (http//1x.com/photo/), never link directly to the image file or in any other way. You are not allowed to link to photos on 1x's website by copying images and use them as links, only text links are allowed on other sites.

9.3 You acknowledge and agree that if you fail to fulfill any of your undertakings under this Section 9, 1x might temporarily or permanently ban or permanently delete your account. If your Account is deleted or banned no money will be refunded.

10. Membership types and prices

10.1 Non-paying members at 1x's website are allowed to upload 1 photo per week, with a total limit of 3 photos. There are three paid memberships at 1x's website, "Basic". "Extra" and "Pro". Basic members are allowed to upload 5 photos per week, Extra members 10 photos per week and Pro members 20 photos per week. There is no total limit on uploads for paying members. Paying members also have access to a personal photo website. Extra members and Pro members have the option of participating in print sales. For participating in print sales you have to accept the specific Terms and Conditions for print sales in your "Prints sales"-page in your "Account"-page at 1x's website.

10.2 If you reside within the EU the prices for memberships are 39 EUR for Basic, 69 EUR for Extra and 139 EUR for Pro. If you reside outside of the EU the prices for memberships are 49 USD for Basic, 99 USD for Extra and 199 USD for Pro.

10.3 For a detailed list of conditions for the different memberships, refer to "http://1x.com/upgrademembership". These conditions may be subject to change.

11. Ending membership

11.1 If you end your membership in the "Settings"-page in the "Account"-page at 1x's website, your Account will be deleted after three months, unless you log in to 1x before the three months have ended. When your Account has been deleted all Your Photograph(s) and personal information (as defined in Section 7.3) will be deleted from 1x's servers. Your Photograph(s) and personal information (as defined in Section 7.1) may still remain on backups, not accessible by the public. Your Photograph(s) posted on facebook.com will remain on facebook.com.

11.2 If you end your membership, no payment(s) will be refunded.

11.3 If you have ended your membership you are not allowed to register a new account at 1x's website without the written consent of 1x.

12. Liability and limitation thereof

12.1 1x undertakes to inform its subcontractor(s) and partners in accordance with Section 6.2 above. 1x does not, however, undertake any liability for the subcontractors' or partners' compliance with such information and/or the subcontractors' or partners' use of Your Photograph(s).

12.2 1x is relieved from liability from any consequences of hacker attacks or otherwise unauthorized access to its servers or databases, which results in a third party's possession or spreading of any personal information, photograph(s), image file(s) or other material or information.

12.3 1x is relieved from liability from any consequences if 1x's website or any of 1x's services or products (for example personal homepages) are unavailable for any period of time.

12.4 1x is relieved from liability from any consequences of errors or faults in 1x's website or its services (for example personal homepages).

12.5 1x is relieved from liability from any consequences of any illegal, slandering, offending or defamatory comments or other material provided by its members. You are personally responsible for any such comments or material that you submit to 1x's website.

12.6 1x is relieved from liability for a failure to perform an obligation under this Agreement if such failure is due to a circumstance of the type stated below (Relieving circumstance) and the circumstance prevents or make substantially more difficult the timely performance of such obligation.

12.7 1X SHALL IN NO EVENT BE LIABLE TOWARDS YOU FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR LOSS OF ANY DATA, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR SERVICES OR PRODUCTS PROVIDED BY 1X.

13 Termination

13.1 If you have ended your membership and three mochas, three months have passed and your Account has been deleted, this Agreement is terminated and no money will be refunded.

13.2 If your Account has been deleted by 1x in accordance with any of the provisions in this Agreement, this Agreement is immediately terminated and no money will be refunded.

13.3 If this Agreement has been terminated in accordance with Section 13.1 or 13.2 above, you are not allowed to register a new account at 1x's website.

13.4 If this Agreement has been terminated in accordance with Section 13.1 or 13.2 above, 1x still has the right to display Your Photograph(s) posted to facebook.com on facebook.com.

14. Refunds

14.1 Once a payment has been made to 1x, no money will be refunded, except if you have made a double payment by mistake. In such a case one of the payments will be refunded upon request.

14.2 If your Account has been banned or deleted in accordance with any of the provisions under this Agreement, no money will be refunded.

15. Relationship of parties

15.1 You shall not be considered to be hired or employed by 1x. The relationship between you and 1x shall be that of two independent parties and either party shall act in its own name and on its own behalf. Neither party shall be entitled to conclude any agreements with third parties on behalf of the other not stated in this Agreement.

16.1 Print sales, book projects and photo contests

16.1 You acknowledge and agree that if you want to participate in print sales, book projects or photo competitions you have to agree to the specific terms associated with each project or service and that you otherwise till not be able to participate.

17. Changes

17.1 1x may at any time change the provisions of this Agreement, except Section 2.1, 10.1 and 10.2 for paying members. Section 2.1, 10.1 and 10.2 can only be changed at the time of prolongation of the paid membership(s) by paying member(s). 1x shall notify you of any changes by email. You will be requested to accept such changes on 1x's website. If you do not accept the changes, your Account will be blocked from further use and no money will be refunded.