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. As an option you may sell your photographs.

1. Definitions

The following terms shall have the meanings assigned to them 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 at 1x.com and pixu.com.

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 ”Your Account" shall mean the account you register at 1x's website.

1.6 "Gallery" shall mean the collection of images on 1x's website which have been selected by the curators of 1x. You will get a notification on each of Your Photograph(s) selected by the curators indicating that it has been selected.

1.7 ”Your Photo Directory” shall mean your Photo Directory-page (as seen in the link https://1x.com/directory or https://1x,com/photodirectory when you are logged in to 1x) at 1x’s website. Photo Directory is an overview where you manage Your Photograph(s).

1.8 ”Your Settings-page” shall mean your Settings-page in your Account-menu (the menu in the top navigation to the far right with a small silhouette or presentation photo) at 1x’s website.

1.9 “Your Photograph(s) made available for sale” shall mean all Your Photograph(s) made available for sale by you. Photographs made available for sale will be indicated by a checked box in the ”For sale” column in your Photo Directory. You can make any of Your Photograph(s) available for sale in Photo Directory by clicking the checkbox ”For sale”, when you upload new photographs, by checking the checkbox “Make available for sale” or in the cog wheel menu in the toolbar below Your Photograph(s) when opened up in full size. Your photographs(s) made available for sale by you previously in other ways than described above will also be available for sale. You may deselect photos for sale in your Photo Directory to stop making them available for sale.  

1.10 “Printed copies” shall mean printed versions of Your Photograph(s) on any material, including, but not limited to, paper, fine art paper, canvas, metal, wood, fabric, acrylic, glas, plexiglas, plastic and wall peels.

1.11 “Customer” shall mean an individual or entity buying Printed copies or digital image files of Your Photograph(s) made available for sale.    1.12 1x's Partner(s) shall mean any company(ies), organization(s) or entity(ies) which Your Photograph(s) has been sub-licensed to by 1x in accordance with Section 2 below.

2. License grant

2.1 x is hereby granted the right to display Your Photograph(s), any written text and any other material or information, submitted by you to 1x's website, on 1x's website and to store Your Photograph(s), any written text and any other material or information on its servers and backups. You will remain the copyright owner of Your Photograph(s).

2.2 1x is hereby granted the right to display Your Photograph(s) in thumbnail version(s) on other sites. 1x is also granted the right to display share-buttons to social network sites below your Photograph(s).

2.3 1x is hereby granted the right to display Your Photograph(s), any written text and any other material or information, submitted by you to 1x's website, in applications for mobile devices, applications for TVs and media centers, and using TVs, displays, media centers and image streaming devices.

2.4 In order to gain extra promotion for Your Photograph(s) there is a checkbox "Get extra promotion of your photos" in Your Settings-page. When this checkbox is checked 1x is granted the right to post to and display Your Photograph(s) on social network sites and other sites, including, but not limited to, Facebook, Google+, Instagram, Pinterest and Twitter. The default setting is that the checkbox is checked. In Your Settings-page, you can turn “Get extra promotion of your photos” off to prevent 1x from posting Your Photograph(s) to social network sites and other sites. If any of Your Photograph(s) have already been published on social network sites or other sites, because “Get extra promotion of your photos” was previously enabled, Your Photograph(s) already posted and displayed on social network sites or other sites can not be removed from those sites. When Your Photograph(s) are displayed and posted to social network sites or other sites you will be acknowledged as the author of Your Photograph(s). 1x is granted the right to display share-buttons for Your Photograph(s) to social network sites no matter if “Get extra promotion of your photos” in Your Settings-page is turned on or off, but will not post full size photos to such sites if it's turned off.

2.5 By making photos available for sale on 1x's website you grant to 1x the right to market and sell and distribute or have distributed printed copies and digital image files of Your Photograph(s). 1x is also granted the right to sublicense the right to market and sell and to distribute or have distributed printed copies of Your Photograph(s) to 1x's Partner(s), solely chosen by 1x, in any sales channel. The license and sublicense(s) are non-exclusive. 1x will not sell printed copies or digital image files of Your Photograph(s) not made available for sale by you. 1x will not sublicense your Photograph(s) not made available for sale by you. 1x will not sell Your Photograph(s) as digital image files in greater resolution than 2,5 megapixels unless you have given written consent in an email or otherwise.

2.6 By making Your Photograph(s) available for sale you also grant to 1x and 1x's Partner's the right to use Your Photograph(s) made available for sale, both in digital versions and printed versions, including, but not limited to, on websites, in mobile applications, in presentations, in catalogues, in books, in magazines and in exhibitions, for the purpose of advertising and marketing the sale of printed copies and digital files of Your Photograph(s).

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 and 1x's Partner(s) 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 and 1x's Partner(s) the rights indicated under Section 2 above.

3.2 You undertake to defend, at your own expense, 1x and 1x's Partner(s) against any claims from third parties alleging that 1x's or 1x’s Partner(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 and 1x’s Partner’s harmless from any costs, damages, liabilities, and/or expenses (including reasonable legal fees) suffered or incurred by 1x or 1x's Partner(s) 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 and 1x's Partner(s) the rights indicated under Section 2 above.

3.4 You warrant that you have all the necessary property releases and that you have obtained all the necessary approvals for any property, building(s), architecture, structure(s) or sculpture(s) appearing in Your Photograph(s) to grant to 1x and 1x's Partner(s) the rights indicated under Section 2 above.

3.5 You warrant that you have all the necessary permits, rights and releases and that you have obtained all the necessary approvals for any live performance(s) appearing in Your Photograph(s) to grant to 1x and 1x's Partner(s) the rights indicated under Section 2 above.

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

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

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

3.9 You warrant that Your Photograph(s) do not contain any pornographic material.

3.10 You warrant that Your Photograph(s) do not contain any offensive material.

3.11 You undertake to indemnify 1x and 1x's Partner(s) 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.

3.12 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 for a limited period of time or permanently. 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 when you create your account and to keep your account information updated with a valid, active email address in Your Settings-page at all times.

4.2 You undertake to register a Paypal account at Paypal's website paypal.com and to provide a valid email address to your registered Paypal account in Your Settings-page. You acknowledge and agree that if you fail to provide a valid email address to your registered Paypal account, 1x will not transfer any earnings from sold prints and digital image files to you.

4.3 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 is the original author of, 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).

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

4.5 You undertake to only register one account at 1x's website. 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, instead you should contact [email protected]

4.6 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.   

4.7 You warrant that the country you have selected in Your Settings-page is the country you actually reside in. You undertake to always keep your residential country updated.

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

4.9 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 Gallery on 1x's website. A decision not to publish Your Photograph(s) in the Gallery can not be appealed. No reasons will be given why Your Photograph(s) was published in the Gallery 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 Gallery on 1x's website. The curators or 1x's staff otherwise may at any time choose to select any of Your Photograph(s) uploaded to 1x for the Gallery or remove already published Photograph(s) from the gallery.

5.2 1x undertakes to acknowledge and identify you as the author of Your Photograph(s). Such acknowledgement will be made on 1x's website and on social network sites and other sites which Your Photograph(s) have been posted to in accordance with Section 2 above. For thumbnail versions of Your Photograph(s) you will be acknowledged as the author directly below the thumbnail or when Your Photograph(s) is opened up in full size.

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

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

6.1 Once Your Photograph(s) has been uploaded to 1x's website and published in the Gallery, it is not possible to delete it unless you end your membership. Your Photograph(s) posted to social network sites or associated with tutorials or monthly theme will not be deleted even if your account is deleted. If there are special circumstances for deleting one or more of Your Photograph(s) published in the Gallery, like copyright issues or personal integrity issues, contact support and state your reasons for deletion. 1x decides exclusively and in its sole discretion if Your Photograph(s) will be deleted in such a case. A copy of all Your Photograph(s) sent to the Curators may be saved as a history of your uploads for the curators and are not possible to delete unless you end your membership. Your Photograph(s) not sent to the curators or published in the Gallery can be deleted by you at any time.

6.2 You can upload high resolution file(s) of Your Photograph(s). By default Your Photograph(s) will be displayed in the size you have uploaded them in, but they will never be displayed in greater width than 2500 pixels or greater height than 1900 pixels. If Your Photograph(s) are uploaded in higher resolution than stated above they will be downsized to the maximum width or height stated above when displayed to the public. 1x will keep copies of the image file(s), in the original resolution they were uploaded in, to use for sales of Your Photograph(s) made available for sale by you and book projects, not displayed to the public on 1x's website. 1x will never use Your Photograph(s) in book projects unless you have granted your permission in a separate agreement.

6.3 1x may publish any of Your Photograph(s) in the Gallery at any time.

6.4 You acknowledge and agree that 1x and its staff have 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 1x's website and other websites where Your Photograph(s) are displayed in accordance with the license granted under Section 2 above.

7. Selling prints and digital downloads

7.1 You undertake to upload high resolution files of Your Photograph(s) made available for sale to 1x's website within 24 hours after you have made them available for sale, in the Photo Directory or in the cog wheel below Your Photograph(s) by clicking “Upload print version”. You undertake to upload your high resolution file(s) in the original resolution from your camera or scanner without upsizing or downsizing and in the exact same crop as Your Photograph(s) are displayed on 1x's website. You undertake to keep your email address updated at all times in Your Settings-page to be able to respond to requests and questions from 1x about high resolution files.

7.2 1x undertakes to acknowledge and identify you as the author of Your Photograph(s) made available for sale. Such acknowledgement will be made where Your Photograph(s) are offered for sale. 1x also undertakes to inform 1x's Partner(s) to acknowledge and identify you as the author of Your Photograph(s) made available for sale.

7.3 1x and 1x's Partner(s) shall sell printed copies of Your Photograph(s) made available for sale under their own names and will handle all contacts with Customers. Consequently, 1x and 1x's Partner(s) will, at their own expense, handle all orders and payments from Customers and the distribution of purchased printed copies of Your Photograph(s) to Customers.

7.4 1x and 1x's Partner(s) are free to use any subcontractors, such as printers or printing companies, reproduction firms, marketing and distribution companies, and will handle all contacts with such subcontractor(s).

7.5 1x undertakes to inform any subcontractor(s) that it may not user Your Photograph(s) for any other purposes than to fulfill the task(s) assigned to the subcontractor(s) by 1x and that the subcontractor(s) may not keep any copies for Your Photograph(s) after fulfillment of the task(s) assigned to them.

7.6 1x undertakes to inform 1x's Partners(s) that any subcontractor(s) may not use Your Photograph(s) for any other purposes than to fulfill the task(s) assigned to the subcontractor(s) by 1x's Partner(s) and that such subcontractor(s) may not keep any copies of Your Photograph(s) after fulfillment of the task(s) assigned to them.

7.7 1x and 1x's Partner(s) decides which printers, colors, printing process, materials and sizes to offer printed copies of Your Photograph(s) made available for sale in their sole discretion. You acknowledge and agree that the colors in the printed copies of Your Photograph(s) may differ from the colors you see on the computer screen. 1x or 1x's Partner(s) shall not be liable and may not be held responsible for any differences between printed copies of Your Photograph(s) and the high resolution image file provided by you or for any differences between the high resolution image file provided by you and Your Photograph(s) as it is presented on 1x's or 1x's Partner(s)' websites or in other material.

7.8 1x and 1x's Partners(s) shall have the right to perform any cropping, color adjustments, dust removal, sharpening, contrast or other adjustments of Your Photograph(s) both in digital and in printed version(s) sold, offered for sale or marketed under this Agreement. Your Photograph(s) shall not contain any text, copyright notices, signatures etc. 1x and 1x's Partner(s) shall have the right to remove borders and any text, copyright notices, signatures etc from Your Photograph(s). Appropriate copyright notices will be made where Your Photograph(s) are offered for sale (see Section 7.2 above).

7.9 1x and 1x’s Partner(s) shall have the right to edit the title of Your Photograph(s) available for sale, replace or create a new title. 1x and 1x’s Partner’s also have the right to edit any information and add new information associated with Your Photograph(s) including but not limited to, description, comments, keywords (tags), exif information and location.

7.10 1x has the right to offer digital image files of Your Photograph(s) in different formats and sizes as decided by 1x in it's sole discretion. 1x will not offer digital image files of Your Photograph(s) in greater resolution than 2,5 megapixels. 1x might offer multiple formats to Customers for a single price when selling digital image files of Your Photograph(s).

7.11 1x undertakes to inform Customers that they are only allowed to use printed copies and digital image files of Your Photograph(s) made available for sale for personal use and that Your Photograph(s) made available for sale may not be used for commercial purposes or advertising unless you have given written consent in an email. However, 1x does not undertake any liability and can not be held responsible for Customers compliance with such information.

7.12 1x and 1x's Partner(s) decides exclusively and in their sole discretion the prices offered to Customers for printed copies and digital image files of Your Photograph(s). 1x and 1x's Partner(s) decide exclusively and in their sole discretion, to which countries and/or regions to offer printed copies and digital image files of Your Photograph(s) to Customers.

7.13 The compensation to you for each printed copy or digital download of Your Photograph(s) sold by 1x shall be fifty (50) percent of the net sales price, defined as the price to the customer less printing costs, shipping and handling costs, repro and image adjustment costs, transaction fees, agent fees, discounts, sales tax, custom duties and other taxes, fees and costs.

7.14 Your compensation from sold printed copies and digital image files of Your Photograph(s) sold by 1x will be presented to you in Your Settings-page by clicking the button “Show earnings”. Your earnings will be presented in USD and EUR separately. 1x undertakes to send/transfer your compensation for sold printed copies and digital image files of Your Photograph(s) to you on the last weekday of the calendar quarter following immediately upon the day the order was paid by the Customer to 1x. Transaction costs for transferring your earnings to you will be deducted from the transaction. 1x will not send/transfer compensation to you for earnings in USD if your total earnings since your last pay out by 1x are below 50 USD. If your earnings are below 50 USD, they will accumulate with the earnings of the next period and be sent/transferred to you if the total accumulated earnings are not below 50 USD under this period. 1x will not send/transfer compensation to you for earnings in EUR if your total earnings since your last pay out by 1x are below 50 EUR. If your earnings are below 50 EUR, they will accumulate with the earnings of the next period and be sent/transferred to you if the total accumulated earnings are not below 50 EUR under this period. Earnings are sent/transferred to you using Paypal. If you have failed to register a valid email address to your Paypal account in Your Settings-page, 1x will not send/transfer any compensation to you. If your account is deleted or banned no compensation in USD will be sent/transferred to you if your accumulated earnings in USD are below 50 USD since your last pay out and no earnings in EUR will be sent/transferred to you if your earnings in EUR are below 50 EUR since your last pay out.

7.15 The compensation to you for each printed copy of Your Photograph(s) sold by 1x's Partner(s) under this Agreement shall be fifty (50) percent of the net royalty earned by 1x from 1x's Partner(s), defined as the royalty earned by 1x from 1x's Partner(s) less transaction fees, discounts, agent fees, sales tax and any other taxes, fees and costs.

7.16 1x and 1x’s Partner(s) have the right to discount printed copies of Your Photograph(s). In such case the discount will be deducted from the net sales price as defined in Sections 7.12 and 7.14 above. 1x and 1x's Partner(s) have the right to give away printed copies or digital downloads of Your Photograph(s) for free for promotional purposes in order to increase sales. In such case there will be no compensation paid to you.

7.17 1x undertakes to send/transfer your compensation on the last weekday of the calendar quarter following immediately upon the day on which royalty was paid to 1x by 1x's Partner(s). Your compensation will be sent/transferred to your registered Paypal account. Transaction costs will be deducted from the transaction. If you fail to register a Paypal account 1x will not be able to send/transfer your compensation to you.   

7.18 You acknowledge and agree that each Customer may be entitled to rescind its purchase and return the Printed copy(ies) of Your Photograph(s). In such a case, you shall not be entitled to any compensation for the returned Printed copy(ies). If compensation for the returned Printed copy(ies) of Your Photograph(s) has already been registered, 1x or 1x's Partner(s) shall be entitled to deduct/withdraw an amount corresponding to such compensation. If compensation for the returned Printed copy(ies) of Your Photograph(s) has already been paid out to you, 1x or 1x's Partner(s) shall be entitled to deduct/withdraw an amount corresponding to such compensation from your next pay out.

7.19 1x shall in its sole discretion have the right to refuse or stop selling digital downloads of any or all of Your Photograph(s) at any time and for any reason. 1x and 1x's Partner(s) shall in their sole discretion have the right to refuse to sell or stop selling printed copies of any or all of Your Photograph(s) in (a) certain size(s) and/or in certain materials, or in any size or materials, at any time and for any reason. In such case, you shall be entitled to compensation for any and all printed copies and digital image files of Your Photograph(s) already sold by 1x or 1x's Partner(s) as described in Sections 7.13-7.15. You shall not be entitled to any other compensation due to such cessation of selling and marketing any or all of Your Photograph(s) by 1x or 1x's Partner(s).

7.20 If you wish to stop selling digital downloads or printed copies of any or all of Your Photograph(s) you may uncheck them in Your Photo Directory. If Your Photograph(s) are already being marketed, distributed and sold or offered for sale by 1x's Partner(s) it may take up to 6 calendar months until 1x's Partner(s) will cease to print, market, distribute, sell and offer Your Photograph(s) for sale after you have made your Photograph(s) unavailable for sale. 1x's Partner(s) still have the right to market, distribute and sell or offer for sale any remaning already Printed copy(ies) of Your Photograph(s) for up to one year after Your Photograph(s) were removed from sales.

7.21 1x's license and any sublicenses to 1x's Partner(s) to sell, market and distribute printed copies of Your Photographs under this Agreement are terminated if you delete your account at 1x's website. If Your Photograph(s) are already being marketed, distributed and sold or offered for sale by 1x's Partner(s) it may take up to 6 calendar months until 1x's Partner(s) will cease to print, market, distribute, sell and offer Your Photograph(s) for sale after you have deleted your Account. 1x's Partner(s) still have the right to market, distribute and sell or offer for sale any remaning Printed copy(ies) of Your Photograph(s) for up to one year after Your Account was deleted. If your account is deleted you will get compensation in accordance with Sections 7.13-7.15 above for Your Photograph(s) sold under this Agreement.

7.22 Your acknowledge and agree that if you fail to fulfill any of the obligations under this Section 7, 1x may cease marketing and selling Your Photograph(s).

8. Personal information and cookies

8.1 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 and sales of downloads), presentation text, profile photo, photos, private messages, chat conversations, public comments, forum posts, guest book, endorsements, tutorials 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 or partners. 1x has the right to take necessary measures to prevent spam, commercial messages or other abuse indicated under Section 9.1 and 9.2 in private conversations.

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

8.3 1x uses cookies to store information about your log in session and your shopping cart.

9. Rules for communicating on 1x's website

9.1 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 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.

9.2 When communicating on 1x, in all forms of communication and written messages, including but mot limited to photo titles, photo comments, photo descriptions, critique posts, tutorial posts, weekly theme posts, guestbook posts, presentation texts, blog posts and news posts, always use a friendly, polite language. Never write in anger, insult, slander, defame, offend, discriminate 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.

9.3 When writing in 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. When posting an image for critique you must explain in detail how the image was taken and the idea behind it. For a complete list of rules, refer to the "guidelines for participating in the critique forum” in the "Critique"-page at 1x's website. Failure to follow the rules may lead to deletion of individual critique posts, deletion of images posted for critique or to a loss of critique privileges and a temporary or permanent ban from critique or 1x's website.

9.4 You are not allowed to question the decisions of 1x and its curators to publish or not publish photos in the Gallery or discuss individual decisions in public in all forms of communication on 1x's website. If you disagree about a certain decision contact support, only using the email address: [email protected]

9.5 You acknowledge and agree that 1x and its staff have the right to delete any written message or other text or material submitted by you at any time and for any reason.

9.6 You acknowledge and agree that if you fail to fulfill any of your undertakings under this Section 9, 1x might temporarily or permanently ban your account from writing posts and comments on 1x or temporarily or permanently ban or delete your account from 1x's website. If your Account is deleted or banned no money will be refunded. 1x has the right to economical compensation for violations against Section 9.1 above of at least 100 SEK for each recipient of such messages sent.

10. Usage of and linking to photos

10.1 Copying, downloading, taking screenshots, displaying, printing or otherwise using photos on 1x without the written consent of 1x is strictly prohibited. It's strictly forbidden to remove the watermark or copyright information attached to photos on 1x.

10.2 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/<photoID>), 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.

10.3 You acknowledge and agree that if you fail to fulfill any of your undertakings under this Section 10, 1x might temporarily or permanently ban or delete your account. If your Account is deleted or banned no money will be refunded. 1x has the right to economical compensation for violations against Section 10.1 above.

11. Membership types and prices

11.1 For a detailed list of conditions and prices for the different memberships, refer to "https://1x.com/upgrade”, ”https://1x.com/FAQ” or the information you received when you signed up or made a payment for membership. These conditions may be subject to change at any time.

12. Ending membership

12.1 If you end your membership in Your Settings-page, your Account will be deleted after 90 days. If you want to stop the deletion process and restore your account before the 90 days have passed, send an email to [email protected] When your Account has been deleted Your Photograph(s) and personal information (as defined in Section 8.1, except your name, email address, paypal address, titles of your photographs, photo comments, critique posts, tutorial posts, monthly theme posts) will be deleted from 1x's servers. Your personal information necessary for handing of Your Photo(s) offered for sale and payout for sold Printed copy(ies) of Your Photograph(s) will not be deleted. Your Photograph(s) available for sale and high resolution files necessary to fulfill sales of Printed copy(ies) of Your Photograph(s) will be deleted after maximum 6 months after the deletion process was initiated. Your Photograph(s) and personal information (as defined in Section 8.1) may still remain on backups, not accessible by the public, after your account has been deleted. Your Photograph(s) posted on social network sites and associated information will not be deleted. Your Photograph(s) and information associated to photo tutorials or monthly theme submissions will not be deleted.

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

12.3 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.

12.4 If your membership has ended compensation for earnings for sold printed copies and digital image files of Your Photograph(s) in USD will be paid out to you if your total accumulated earnings in USD are not below 50 USD since your last payout and compensation for earnings in EUR will be paid out to you if your total accumulated earnings in EUR are not below 50 EUR since your last pay out.

13. Liability and limitation thereof    13.1 1x undertakes to inform 1x's Partner(s) and subcontractor(s) in accordance with Sections 7.2, 7.5 and 7.6 above. 1x does not, however, undertake any liability for 1x's Partner(s)' and subcontractor(s)' compliance with such information and/or 1x's Partner(s)' and subcontractors' use of Your Photograph(s).

13.2 1x and 1x's Partners shall not be liable and may not be held responsible for any differences between printed copies of Your Photograph(s) and the high resolution image file provided by you or for any differences between the high resolution image file provided by you and Your Photograph(s) as it is presented on 1x's or 1x's Partners websites. 1x undertakes, however, to respect and comply with mandatory law.

13.3 1x and 1x's Partner(s) is relieved from liability from any consequences of hacker attacks or otherwise unauthorized access to their 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.

13.4 1x and 1x's Partner(s) are relieved from liability from any consequences if 1x's or 1x's Partner(s)' website or any of 1x's services or products (including, but not limited to, personal homepages, prints sales and sales of downloads) are unavailable for any period of time.

13.5 1x and 1x's Partner(s) are relieved from liability from any consequences of errors or faults in 1x's website or its services (including, but not limited to, personal homepages, prints sales and sales of downloads).

13.6 1x and 1x's Partner(s) are relieved from liability from any consequences of any illegal, slandering, offending, discriminating 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.

13.7 1x and 1x's Partner(s) are 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 makes substantially more difficult the timely performance of such obligation. A Relieving circumstance shall be deemed to include inter alia acts or omissions of authorities, new or amended legislation, leaving of personnel, illness or other reduction of work capacity, death, conflicts on the labour market, blockade, fire, flood, war, loss or destruction of property or data of major significance or a major accident.

13.8 1X AND 1X'S PARTNER(S) 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 OR 1X'S PARTNER(S).

13.9 1X'S AND 1X's PARTNER(S) AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, WHETHER FOR BREACH OF WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED SEK 1 000.

14. Termination

14.1 If you have ended your membership, 90 days have passed and your Account has been deleted, this Agreement is terminated, except for Section 7 above (Selling prints and digital downloads), and no money will be refunded.

14.2 If your Account has been deleted by 1x in accordance with any of the provisions in this Agreement, this Agreement is immediately terminated, except for Section 7 (Selling prints and digital downloads) and Section 12 (Ending membership) above and no money will be refunded.

14.3 If this Agreement has been terminated in accordance with Section 12.1 or 12.2 above, you are not allowed to register a new account at 1x's website.

14.4 If this Agreement has been terminated, compensation for earnings for sold printed copies and digital image files of Your Photograph(s) in USD will be paid out to you if your total accumulated earnings in USD are not below 50 USD since your last payout and compensation for earnings in EUR will be paid out to you if your total accumulated earnings in EUR are not below 50 EUR since your last pay out.

15. Refunds

15.1 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 a request made within 14 days from the payment was made. However, 1x will comply with mandatory law.

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

16. Relationship of parties

16.1 You shall not be considered to be hired or employed by 1x or 1x's Partner(s). The relationship between you and 1x and 1x's Partner(s) shall be that of 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.

17. Book projects, photo contests and other projects

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

18. Changes

18.1 1x may at any time change the provisions of this Agreement. 1x shall notify you of any changes when you are logged in to 1x's website. You will be requested to accept such changes included in a new agreement on 1x's website. If you decline the new agreement, your Account will be blocked from further use and no money will be refunded. If you do not either accept or decline the new agreement within 30 days, the new agreement will replace this Agreement and you will be bound by the new agreement.

19. Legal disputes

19.1 Any legal disputes between you and 1x shall be judged by Uppsala Tingsrätt, Uppsala, Sweden and Swedish law shall apply, disregarding the laws for conflict of law.