Introduction
Welcome to the Bellamax web site ("Bellamax Site"), provided to you by Bellamax, Inc. ("Bellamax"). These Terms of Service govern your use of the Bellamax Site and the services provided through the Bellamax Site. Your acceptance of these Terms of Service by joining the Bellamax Site creates a binding legal contract. Please read the following Terms of Service carefully. These Terms of Service may change from time to time so please check back periodically. If you have any questions regarding these Terms of Service, please contact us at service@bellamax.com.

Eligibility for Service
In order to be eligible for service by Bellamax, you must provide all required information including your name and an accurate and legitimate e-mail address. The use of Bellamax's service is also governed by the Privacy Statement for Bellamax. Please click here to review our Privacy Statement.

User ID Registration
In order to obtain access to the Bellamax Site, you must first register by entering a valid email address as your User ID and provide a password. This will enable you to control access to your photos on the Bellamax Site.

Conditions for Service
As conditions of your use of the Bellamax Site and Bellamax's services, you shall not:

• Upload, post, email, or otherwise transmit any content that is unlawful, harmful, threatening, harassing, defamatory, obscene, vulgar, invasive of another's privacy, hateful, or otherwise objectionable;
• Upload, post, email, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) or any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
• Harm minors in any way;
• Forge headers or otherwise manipulate identifiers to disguise the origin of any content transmitted through the Bellamax Site;
• Upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software;
• Interfere with or disrupt (or attempt to interfere with or disrupt) the Bellamax Site or servers or networks connected to the Bellamax Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Bellamax Site;
• Exhibit expressions of abuse, offensive language and imagery, obscenity, or pornography, including, but not limited to, child abuse, child pornography, depictions of minors engaged in sexual conduct or explicitly sexual situations, or any other material that could give rise to any civil or criminal liability under applicable state or federal law, or violating any laws or regulations of any governing body having jurisdiction over Bellamax, its affiliates or users.

Unacceptable actions and content on the Bellamax Site, listed above, will constitute grounds for blocking your access to the Bellamax Site, removal of posted photos and non-fulfillment of your order. Moreover, Bellamax reserves the right to disclose any information posted by you to the relevant government authorities to satisfy any law, regulation or government request.

Trademark and Copyright
BELLAMAX™ and all related graphics, logos and service names are trademarks of Bellamax. All other trademarks that appear on the Bellamax Site are the property of their respective owners. You are not entitled to use any trademark in connection with any product or service without the express permission of the owner of that trademark under the law.

You should assume that all of the content or other works that are made available to you on the Bellamax Site (together, the "Content") is protected by copyright or other proprietary rights. You are not entitled to duplicate, create derivative works of, distribute, display, or perform any Content without the express permission of the owner of that Content.

Your Copyrights
Bellamax has taken reasonable measures to protect your rights and to protect your photos from unauthorized access and display. However, in order for us to provide you with the services you requested, you:

• Agree that we can, solely in connection with providing those services you request, display, modify, transmit or distribute your photos; and
• * Acknowledge that you are the owner of the copyrights to the photos you post or transmit to us, or that you have the permission of the copyright owner to post or transmit the photos.

If you believe your copyright in a work has been violated through the Bellamax Site or Bellamax's services, please contact Bellamax's agent for notice of claims of copyright infringement who can be reached at service@bellamax.com.

No Monitoring of Content
Bellamax does not control the content of any user's photos or albums and does not have any obligation to monitor such content for any purpose. All content provided by a user of the Bellamax Site is the sole responsibility of that user, not Bellamax.

Disclaimer of Warranty and Limitations of Liability
THE BELLAMAX SITE AND ALL PRODUCTS AND SERVICES PROVIDED THROUGH IT ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, BELLAMAX DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE BELLAMAX SITE. BELLAMAX FURTHER DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVERTISEMENT OBTAINED THROUGH THE BELLAMAX SITE.

YOU, THE USER, UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY DIGITAL PHOTO TO BELLAMAX, AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE BELLAMAX SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PHOTOS, AND ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL.

EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPHS, TO THE FULLEST EXTENT ALLOWED BY LAW, BELLAMAX SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF BELLAMAX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Indemnity
By using the Bellamax Site, you agree to indemnify and hold harmless Bellamax and its parents, subsidiaries, affiliates, officers, consultants, and employees from any and all claims and expenses, including attorney's fees, arising from your use of Bellamax's services.

Termination of Service
Bellamax may terminate its service to you through the Bellamax Site at any time, without notice, for any conduct in violation of this Terms of Service or any other policies or guidelines set forth by Bellamax on the Bellamax Site (the "Policies"). Bellamax reserves the right to take all appropriate measures to enforce Bellamax's Policies.

Governing Law
All legal issues arising from or related to the use of the Bellamax Site or Bellamax's services shall be construed in accordance with the laws of the State of California without regard to conflicts of law principles.

General Provisions
These Terms of Service constitute the entire agreement between you and Bellamax with respect to the use of the Bellamax Site and any Bellamax services. Bellamax's failure to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision or of any other rights or provisions in these Terms of Service. If a court should find that one or more rights or provisions set forth in these Terms of Service are invalid, you agree that the remainder of the Terms of Service shall be enforceable and that the invalid provision shall be enforceable to the fullest extent permitted by law. Bellamax reserves the right to change these Terms of Service at any time, for any reason, and without notice. It is your obligation to check back on these Terms of Service from time to time.