Member Agreement

Membership at 1x.com

This member agreement applies 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 images. As an option You may sell Your Images.

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.

1.3 "1x's website" shall mean 1x's websites 1x.com, onexposure.net, pixu.com, pictufy.com, personal homepages hosted by 1x and any subdomains.

1.4 "Gallery" shall mean the collection of images approved and selected to be published on 1x's website by the curators of 1x.

1.5 "Your Images" shall mean the images that you have uploaded to 1x's website.

1.6 "Your Submitted Material", shall mean Your Images, your presentation image, your cover image, your biography, image descriptions and any other text, material or information, submitted to 1x by You.

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

1.8 "Account Menu" shall mean the menu in the top navigation to the far right with a small silhouette or your presentation image.

1.9 ”Your Images Page” shall mean the overview of Your Images in the Account Menu where you manage Your Images when You are logged in to 1x’s website.

1.10 ”Your Settings Page” shall mean your Settings page in Your Account Menu where You edit Settings and view agreements.

1.11 “Your Images made available for sale” shall mean all Your Images made available for sale by You. Images made available for sale will be indicated by a checked box in the ”For sale” column in Your Images Page. You can make any of Your Images available for sale in Your Images Page by clicking the checkbox ”For sale” or when editing the details about Your Images by checking the checkbox “This image is for sale”. Your Images made available for sale by You previously in other ways than described above will also be considered having been made available for sale by You. All Your Images marked for sale in Your Images Page (indicated by checked "For sale" checkboxes) when this Agreement comes into effect will be considered having been made available for sale by You.

1.12 “Printed Copies” shall mean printed versions of Your Images on any material, including, but not limited to, posters, paper, fine art paper, canvas, metal, wood, fabric, acrylic, glass, plexiglass, plastic, wall peels, wall stickers, wallpaper and wall murals.

1.13 “Customer” shall mean an individual or entity buying Printed Copies of Your Images made available for sale.

1.14 1x's Partners shall mean any companies, organizations or entities which Your Images have been sublicensed to by 1x.

2. License Grant

2.1 1x is hereby granted the right to display, process and store Your Images and all Your Submitted Material on 1x's website. You will remain the copyright owner of Your Images and all Your Submitted Material.

2.2 1x is hereby granted the right to display Your Images in thumbnail versions on websites other than 1x's website. 1x is also granted the right to display share-buttons for social network sites below Your Images.

2.3 1x is hereby granted the right to display, process and store Your Images and Your Submitted Material, including, but not limited to, in computers, mobile devices, tablets, TVs, monitors, media centers, image streaming devices and digital picture frames and in apps for any and all such devices.

2.4 1x is granted the right to post to and display, process and store Your Images and Your Submitted Material on social network sites, blogs, image sites, magazine sites, news sites and any other sites, including, but not limited to, Facebook, Google+, Instagram, Pinterest, Twitter and Youtube. Your Images and Your Submitted Material posted and displayed on any such sites can not be removed from those sites.

2.5 By making images available for sale on 1x's website You grant to 1x the right to market, sell and distribute Printed Copies of Your Images. 1x is also granted the right to sublicense the right to market, sell and distribute Printed Copies of Your Images to 1x's Partners, in any sales channel. 1x's Partners are also granted the right to sublicense Your Images. The license and sublicenses are non-exclusive, unless otherwise agreed between you and 1x in a separate agreement.

2.6 By making Your Images available for sale You also grant to 1x and 1x's Partner's the right to use Your Images made available for sale, both in digital versions and printed versions, including, but not limited to, on websites, in social media sites, in blogs, in mobile applications, in presentations, in catalogs, in books, in magazines, in flyers, in demonstrations, in exhibitions, in trade fairs and in marketing material, for the purpose of advertising and marketing the sale of Printed Copies of Your Images.

3. Terms of Service

3.1 For terms and conditions for using 1x's website and/or services the Terms of Service apply, to which you accept and agree to be bound (https://beta.1x.com/terms).

4. Privacy Policy

4.1 For terms and conditions regarding 1x's processing of your personal data and use of cookies, the Privacy Policy applies, to which you accept and agree to be bound (https://beta.1x.com/privacy).

5. Warranties and Indemnifications

5.1 You warrant that You are 18 years old or above, which is the minimum age required to use 1x's services.

5.2 You warrant that You are the copyright owner of Your Images and that You have all necessary permits and sufficient rights in and to Your Images to grant to 1x and 1x's Partners the rights indicated under Section 2 above. For avoidance of any doubt, if Your Images 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 Images to grant 1x and 1x's Partners the rights indicated under Section 2 above.

5.3 You undertake to defend, at your own expense, 1x and 1x's Partners against any claims from third parties alleging that 1x's or 1x’s Partners use of Your Images 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 Partners due to or arising from such Claims.

5.4 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 Images to grant to 1x and 1x's Partners the rights indicated under Section 2 above.

5.5 You warrant that You have all the necessary property releases and that you have obtained all the necessary approvals for any property, buildings, architecture, structures or sculptures appearing in Your Images to grant to 1x and 1x's Partners the rights indicated under Section 2 above.

5.6 You warrant that You have all the necessary permits, rights and releases and that You have obtained all the necessary approvals for any live performances appearing in Your Images to grant to 1x and 1x's Partners the rights indicated under Section 2 above.

5.7 You warrant that Your Images do not contain any illegal material and/or in themselves constitute illegal material.

5.8 You warrant that Your Images do not contain anything that may constitute a violation of the personal integrity and privacy of an individual.

5.9 You warrant that Your Images do not contain anything that may offend, slander, defame or discriminate against any individual, entity or group of people.

5.10 You warrant that Your Images do not contain any pornographic material.

5.11 You warrant that Your Images do not contain any offensive material.

5.12 You undertake to indemnify 1x and 1x's Partners 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 5.

5.13 You acknowledge and agree that if You fail to fulfill any of your undertakings under this Section 5, 1x may ban or delete Your Account. If Your Account is banned or deleted no money for paid membership fees will be refunded. If Your Account is deleted no earnings for sold Printed Copies of Your Images will be paid out to You.

6. Member's Undertakings

6.1 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.

6.2 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. In the box where you enter your Paypal email address You undertake not to enter your Paypal email address only without any additional names, words or characters. 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 Printed Copies of Your Images to You.

6.3 You warrant that you are the author of all of Your Images and if Your Images is a montage, that You are the author of all parts of Your Images. You are not allowed to upload images to 1x's website, which someone else is the original author of, for example stock images or creative commons material, or use such material in any part of Your Images. If in doubt, 1x might request original digital source files, RAW-files or negative scans from You to verify that You are the author of Your Images.

6.4 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 contact [email protected].

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

6.6 You warrant that the residential country You have selected is the country You actually reside in. You undertake to always keep your residential country updated in Your Settings Page.

6.7 You warrant that the country You have selected when you make purchases on 1x's website, is the country You actually reside in. You undertake to always keep your residential country updated in Your Settings Page.

6.8 You acknowledge and agree that if you fail to fulfill any of your undertakings under this Section 6, 1x may delete one or more of Your Images and may ban or delete Your Account. If Your Account is banned or deleted no money for paid membership fees will be refunded. If Your Account is deleted no earnings for sold Printed Copies of Your Images will be paid out to You.

7. 1x's Undertakings

7.1 1x decides exclusively and in its sole discretion which of Your Images to publish or not publish in the Gallery. A decision not to publish Your Images in the Gallery can not be appealed. No reasons will be given why Your Images were published in the Gallery or not. If Your Images have been published in the Gallery, 1x undertakes to display them in the Gallery.

7.2 1x undertakes to acknowledge and identify you as the author of Your Images. Such acknowledgement will be made on 1x's website and on social network sites, blogs, magazine sites and news sites where Your Images have been posted. For thumbnail versions of Your Images you will be acknowledged as the author directly below the thumbnail or when Your Images are opened up in full size.

8. 1x's Handling of Your Images

8.1 Once Your Images have been published in the Gallery, it is not possible to delete them unless you delete Your Account. Your Images posted to social network sites, blogs, image sites, magazine sites, news sites or included in 1x's blog, magazine, image tutorials or contests will not be deleted even if Your Account is deleted. If there are special circumstances for deleting one or more of Your Images published in the Gallery, for example copyright issues or personal integrity issues, contact [email protected] and state your reasons for deletion. 1x decides exclusively and in its sole discretion if Your Images will be deleted or not in such a case. A copy of all Your Images sent to the curators will be saved as a history of your uploads for the curators and are not possible to delete unless you end your membership. Your Images not sent to the curators or which are not published in the Gallery can be deleted by You at any time.

8.2 1x may at any time publish Your Images in the Gallery or remove Your Images from the Gallery.

8.3 You may upload high resolution files of Your Images. By default Your Images will be displayed on 1x's website in the original resolution you have uploaded, but Your Images will never be displayed in greater width than 2500 pixels or height than 2500 pixels. If Your Images are uploaded in greater resolution than 2500 pixels width or height, they will be downsized so the maximum width and height do not exceed 2500 pixels, when displayed to the public on 1x's website. 1x will keep copies of the image files of Your Images made available for sale, in the highest resolution uploaded, to use for printing.

8.4 You acknowledge and agree that 1x have the right to delete any of Your Images, high resolution files or any other of Your Submitted Material at any time and for any reason, from 1x's website or other websites where Your Images are displayed.

9. Selling Prints

9.1 You undertake to upload high resolution files of Your Images made available for sale to 1x's website, in Your Images Page. You undertake to upload your high resolution files in the original resolution from camera or scanner without upsizing or downsizing and in the exact same crop as Your Images are displayed on 1x's website.

9.2 1x and 1x's Partners shall sell Printed Copies of Your Images made available for sale under their own names and will handle all contacts with Customers. Consequently, 1x and 1x's Partners will, at their own expense, handle all orders and payments from Customers and the distribution of purchased Printed Copies of Your Images to Customers.

9.3 1x and 1x's Partners are free to use any subcontractors, such as printing labs, reproduction firms, marketing and distribution companies, and will handle all contacts with such subcontractors.

9.4 1x undertakes to inform any subcontractors that it may not use Your Images for any other purposes than to fulfill the tasks assigned to the subcontractors by 1x and that the subcontractors may not keep any copies of Your Images after fulfillment of the tasks assigned to them.

9.5 1x undertakes to inform 1x's Partners that any subcontractors of 1x's Partners may not use Your Images for any other purposes than to fulfill the tasks assigned to the subcontractors by 1x's Partners and that such subcontractors may not keep any copies of Your Images after fulfillment of the tasks assigned to them.

9.6 1x and 1x's Partners decide which printers, colors, printing process, materials and sizes to offer Printed Copies of Your Images made available for sale at their sole discretion. You acknowledge and agree that the colors in the Printed Copies of Your Images may differ from the colors you see on the computer screen. 1x or 1x's Partners shall not be liable and may not be held responsible for any differences between Printed Copies of Your Images and the high resolution image file provided by you or for any differences between the high resolution image file provided by you and Your Images as it is presented on 1x's or 1x's Partners' websites or in other material.

9.7 1x and 1x's Partners shall have the right to perform any cropping, color adjustments, dust removal, sharpening, contrast adjustments, rotation, adding text or any other editing of Your Images sold or marketed under this Agreement. Your Images shall not contain any text, copyright notices, signatures etc. 1x and 1x's Partners shall have the right to remove borders and any text, copyright notices, signatures etc from Your Images.

9.8 1x and 1x’s Partners shall have the right to edit the title of Your Images 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 Images including but not limited to, description, comments, keywords (tags), exif information, location and your biography.

9.9 1x and 1x's Partners decide exclusively and in their sole discretion the prices offered to Customers for Printed Copies of Your Images. 1x and 1x's Partners decide exclusively and in their sole discretion, to which countries and/or regions to offer Printed Copies of Your Images to Customers.

9.10 The compensation to you for each printed copy of Your Images sold by 1x shall be twelve (12) percent of the net sales price, defined as the price to the customer less shipping costs, discounts, custom duties, sales tax and other taxes.

9.11 The compensation to you for each printed copy of Your Images sold by 1x's Partners under this Agreement shall be fifty (50) percent of the net royalty earned by 1x from 1x's Partners, defined as the royalty earned by 1x from 1x's Partners less transaction fees, discounts, agent fees, sales tax, custom duties, currency exchange fees, administrative costs and any other taxes, fees or costs.

9.12 Your earnings from sold Printed Copies of Your Images sold by 1x and 1x's Partners will be presented to you in Your Settings Page. Your earnings will be presented in USD and EUR separately. In the last month of each calendar quarter you will be requested, by email and on 1x’s website, to select if you want your earnings to be paid out to you or if you want to convert your earnings into Pro membership. If you do not make a selection, no payout to you will be made, but instead your earnings will accumulate with the earnings of the next period. If you select to be paid out, 1x undertakes to transfer your earnings for sold Printed Copies of Your Images to you in the second week of the second calendar quarter following immediately upon the day the order was paid by the Customer. Transaction costs and currency exchange fees, for transferring your earnings to you will be deducted from the transaction. 1x will not transfer earnings 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 transferred to you if the total accumulated earnings are not below 50 USD under this period and you select to be paid out for this period. 1x will not transfer earnings 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 transferred to you if the total accumulated earnings are not below 50 EUR under this period and you select to be paid out for this period. Earnings are transferred to you using PayPal only. If you have failed to register a valid email address or to your PayPal account in Your Settings Page in the Paypal account field, 1x will not transfer any earnings to you. If you enter any additional information besides a valid email address to your PayPal account in Your Settings Page in the Paypal account field, 1x will not transfer any earnings to you. If Your Account is deleted you are not entitled to any earnings for sold Printed Copies of Your Images and no earnings will be transferred to you. Any earnings which have not been paid out when Your Account was deleted will be used by 1x to develop 1x's website.

9.13 1x and 1x’s Partners have the right to discount Printed Copies of Your Images. In such cases the discount will be deducted from the net sales price as defined in Sections 9.10 and 9.11 above. 1x and 1x's Partners have the right to give away Printed Copies of Your Images for free for promotional purposes in order to increase sales. In such cases there will be no compensation paid to you.

9.14 Each Customer may be entitled to rescind its purchase and return the Printed Copies of Your Images. In such a case, you shall not be entitled to any compensation for the returned Printed Copies. If compensation for the returned Printed Copies of Your Images has already been registered, 1x shall be entitled to deduct an amount corresponding to such compensation. If compensation for the returned Printed Copies of Your Images has already been paid out to you, 1x shall be entitled to deduct an amount corresponding to such compensation from your next pay out.

9.15 If any of 1x's Partners files for bankruptcy or insolvency and royalty for sold Printed Copies of Your Images is not transferred to 1x by 1x's Partners, you shall not be entitled to any compensation for such royalty. If compensation for the sold Printed Copies of Your Images has already been registered, 1x shall be entitled to deduct an amount corresponding to such compensation. If compensation for the returned Printed Copies of Your Images have already been paid out to you, 1x shall be entitled to deduct an amount corresponding to such compensation from your next pay out.

9.16 1x and 1x's Partners shall in their sole discretion have the right to refuse to sell or stop selling Printed Copies of any or all of Your Images in certain sizes and/or in certain materials, or in all sizes and materials, at any time and for any reason. In such case, you shall be entitled to compensation for any and all Printed Copies of Your Images already sold by 1x or 1x's Partners. You shall not be entitled to any other compensation due to such cessation of selling and marketing of any or all of Your Images by 1x or 1x's Partners.

9.17 If you wish to stop selling Printed Copies of any or all of Your Images you may uncheck the "For sale" boxes in Your Images Page. If Your Images are already being marketed, distributed and sold or offered for sale by 1x's Partners, 1x's Partners have the right to continue selling, marketing, distributing and printing Your Images for an additional 6 calendar months after you have made Your Images unavailable for sale. 1x's Partners have the right to market, sell and distribute any remaining already Printed Copies of Your Images for up to one year after Your Images were removed from sales. 1x will handle all contact with 1x’s Partners and you are not allowed to contact 1x’s Partners if you wish to stop selling Printed Copies of Your Images.  

9.18 1x's license and any sublicense to 1x's Partners to sell, market and distribute Printed Copies of Your Images under this Agreement are terminated if you delete Your Account at 1x's website. If Your Images are already being marketed, distributed and sold or offered for sale by 1x's Partners, 1x's Partners have the right to continue selling, marketing, distributing and printing Your Images for an additional 6 calendar months after You deleted Your Account. 1x's Partners have the right to market, sell and distribute any remaining already Printed Copies of Your Images for up to one year after You deleted Your Account.

9.19 1x will handle all contact with 1x’s Partners and you are not allowed to contact 1x’s Partners regarding any matter without the written authorization of 1x. Always contact [email protected], when you need help with any matter related to selling prints and/or 1x’s Partners.

9.20 You acknowledge and agree that if you fail to fulfill any of the obligations under this Section 9, 1x and/or 1x's Partners may cease marketing, selling and distributing Your Images.

10. Rules for Communicating on 1x's Website

10.1 When communicating on 1x, in all forms of communication and written messages, including but not limited to image titles, image comments, image descriptions, critique posts, tutorial posts, contest 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 images you are required to be extra careful. Insulting, offending, slandering, defaming or discriminating someone for any reason is strictly prohibited.

10.2 When writing in critique, Ýou must give useful, constructive tips on how to improve the image 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.

10.3 You are not allowed to question the decisions of 1x and its curators to publish or not publish images in the Gallery or discuss individual decisions in public in any and all forms of communication on 1x's website.

10.4 You acknowledge and agree that 1x has the right to delete any written message or other text or material submitted by You at any time and for any reason.

10.5 You acknowledge and agree that if You fail to fulfill any of your undertakings under this Section 10, 1x may temporarily or permanently ban Your Account from writing posts and comments on 1x's website or temporarily or permanently ban or delete Your Account from 1x's website. If Your Account is banned or deleted no money for paid membership fees will be refunded. If Your Account is deleted no earnings for sold Printed Copies of Your Images will be paid out to You.

11. Usage of and Linking to Images

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

11.2 When linking to images 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 images on 1x's website by copying images and use them as links, only text links are allowed on other sites.

11.3 You acknowledge and agree that if You fail to fulfill any of your undertakings under this Section 11, 1x might temporarily or permanently ban or delete Your Account. If Your Account is banned or deleted no money for paid membership fees will be refunded. If Your Account is deleted no earnings for sold Printed Copies of Your Images will be paid out to You. 1x has the right to financial compensation for violations against Section 11.1 above.

12. Membership Types and Prices

12.1 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 fees. These conditions may be subject to change at any time.

13. Ending Membership

13.1 End your membership by sending an email to [email protected] with a request to terminate your account. Your Images and Your Submitted Material will be deleted within one week with the exception of Your Images available for sale and high resolution files of Your Images necessary to fulfill sales of Printed Copies of Your Images. All Your Images and high resolution files of Your Images will be deleted within maximum 6 months after you deleted Your Account. Your Images, Your Submitted Material and personal information may still remain on backups, not accessible by the public, after Your Account has been deleted. Your Images and Your Submitted Material posted on social network sites, blogs, image sites, magazine sites, news sites and any other sites and associated information will not be deleted. Your Images and information associated with image tutorials or contest submissions will not be deleted, unless You request it to [email protected].

13.2 For terms and conditions regarding deletion of your personal data when ending your membership the terms and conditions in the Privacy Policy apply (https://beta.1x.com/privacy).

13.3 If you end your membership, no payments for membership fees will be refunded.

13.4 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.

13.5 If Your Account is deleted you are not entitled to any compensation for sold Printed Copies of Your Images and no earnings will be transferred to you. Any earnings which have not been paid out when Your Account was deleted will be used by 1x to develop 1x's website.

14. Liability and Limitation Thereof

14.1 1x undertakes to inform 1x's Partners and subcontractors in accordance with Sections 9.4 and 9.5 above. 1x does not, however, undertake any liability for 1x's Partners' and subcontractors' compliance with such information and/or 1x's Partners' and subcontractors' use of Your Images.

14.2 1x and 1x's Partners shall not be liable and may not be held responsible for any differences between Printed Copies of Your Images and the high resolution image files provided by you or for any differences between the high resolution image files provided by you and Your Images as it is presented on 1x's or 1x's Partners websites. 1x undertakes, however, to respect and comply with mandatory law.

14.3 1x and 1x's Partners are 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, Images, image files, other material or information.

14.4 1x and 1x's Partners are relieved from liability from any consequences if 1x's or 1x's Partners' website or any of 1x's services or products (including, but not limited to, personal homepages and prints sales) are unavailable for any period of time.

14.5 1x and 1x's Partners 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 and print sales).

14.6 1x and 1x's Partners 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 which You submit to 1x's website.

14.7 1x and 1x's Partners 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 labor market, blockade, fire, flood, war, loss or destruction of property or data of major significance or a major accident.

14.8 1X AND 1X'S PARTNERS 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 Partners.

14.9 1X'S AND 1X's PARTNERS 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 1000.

15. Termination

15.1 If you have ended your membership and Your Account has been deleted, this Agreement is terminated. Sections 2.5 and 2.6 (License grant), Section 5 (Warranties and Indemnifications), Section 9 (Selling prints), Section 14 (Liability and limitation thereof), Section 18 (Legal disputes) and Section 19 (Miscellaneous) survive termination of this Agreement.

15.2 If Your Account has been deleted by 1x in accordance with any of the provisions in this Agreement, this Agreement is immediately terminated. Sections 2.5 and 2.6 (License Grant), Section 5 (Warranties and Indemnifications), Section 9 (Selling Prints), Section 14 (Liability and Limitation Thereof), Section 18 (Legal Disputes) and Section 19 (Miscellaneous) survive termination of this Agreement.

15.3 If this Agreement has been terminated in accordance with Section 15.1 or 15.2 above, you are not allowed to register a new account at 1x's website.

15.4 If this Agreement is terminated no money for paid membership fees will be refunded to You.

15.5 If this Agreement is terminated You are not entitled to any compensation for sold Printed Copies of Your Images and no earnings will be transferred to you. Any earnings which have not been paid out when Your Account was deleted will be used by 1x to develop 1x's website.

16. Refunds of Membership Fees

16.1 Once a payment for membership fees 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 to [email protected] within 14 days from when the payment was made. However, 1x will comply with mandatory law.

16.2 If Your Account has been banned or deleted in accordance with any of the provisions under this Agreement, no money for membership fees will be refunded.

17. Changes

17.1 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 and by sending an email to your registered email address in Your Settings Page. You will be requested to accept such changes, included in a new agreement on 1x's website. If you decline the new agreement, this Agreement is terminated and the terms and conditions for termination under Section 15 apply. 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.

18. Legal Disputes

18.1 Any dispute which may arise between You and 1x regarding the terms and conditions of this Agreement shall first be settled by friendly arrangements after discussions with our customer support. If and when such a dispute is not settled by such arrangements, any dispute, controversy or claim arising out of or in connection with this Agreement, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce. The arbitral tribunal shall be composed of a sole arbitrator. The seat of arbitration shall be Stockholm, Sweden. The language of the arbitration shall be English. This Agreement shall be governed by the substantive law of Sweden, disregarding conflict of law provisions.

19. Miscellaneous

19.1 The parties are independent entities and neither shall be considered an agent, employee, commercial representative, partner, franchisee or joint venturer of the other. Neither party shall have any authority, absent express written permission from the other party, to enter into any agreement, assume or create any obligations or liabilities, or make representations on behalf of the other party not stated in this Agreement.

19.2 To the extent any provision in this Agreement is deemed illegal, void or unenforceable, that provision shall not affect the remaining provisions of this Agreement.

19.3 This Agreement, including the Privacy Policy (https://1x.com/privacy) and Terms of Service (https://1x.com/terms), incorporates the entire understanding between the parties. This Agreement supersedes any prior agreements between the parties, whether made orally, in writing or otherwise. No modification, amendment or waiver of any provision of this Agreement shall be binding unless executed in writing by both parties. Notwithstanding the above, 1x may change the terms and conditions of the Privacy Policy and/or Terms of Service in accordance with the provisions regarding changes in the Privacy Policy and Terms of Service.