Introduction
Welcome to the UpShot Web site ("UpShot site"), provided to you by Bellamax, Inc. ("Bellamax"). Bellamax makes available information, materials, and products on the UpShot site, subject to the following terms and conditions. By accessing this site, you agree to the terms and conditions as outlined in this legal notice. Bellamax reserves the right to change these terms and conditions from time to time at its sole discretion. Please read the following Terms of Use carefully. If you have any questions regarding these Terms of Use, please contact us at support@upshotphoto.com.

Trademark and Copyright
Copyright © 2006 Bellamax, Inc. All Rights Reserved.

UpShot™, BELLAMAX^® and all related graphics, logos and names are trademarks of Bellamax. All other trademarks that appear on the UpShot 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 UpShot site 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 from Bellamax.

Use of Software: The software and accompanying documentation that are made available to download from the UpShot site are the copyrighted work of Bellamax. Use of the software is governed by the terms of the end user license agreement, which accompanies or is included with such software. You will not be able to download or install any software that is accompanied by or includes an end user license agreement unless you agree to the terms of such end user license agreement. If you do not agree to these terms, you are not authorized to use the software.

Eligibility for Download
In order to download, you must provide all required information including an accurate and legitimate e-mail address. Please click here to review our Privacy Statement.

Your Copyrights
All photographs, text, captions or other materials ("Content"), submitted to the UpShot site gallery are the sole responsibility of the person who uploaded such content. This means that you are responsible for all Content that you submit or otherwise make available via the UpShot site. Although we maintain the right to review, edit and remove Content from the UpShot site in our sole discretion, we do not control the Content that is submitted to the UpShot site and, as such, we do not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will the UpShot site or Bellamax be liable in any way for any Content, including, but not limited to, the subject matter of any Content, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the UpShot site.

The UpShot site respects the intellectual property rights of others and has taken reasonable measures to protect your rights and to protect your photos from unauthorized access and display. However, you agree that the UpShot site is not responsible for any violations of any intellectual property rights in any images or content posted to the UpShot site. You understand that by submitting Content that your images will be publicly available to others and that the UpShot site has no obligation to prevent the unauthorized copying, dissemination, alternation or other use of your images. When you submit a photo you also acknowledge that you are the owner of the copyrights to the photos you submit to us, or that you have the permission of the copyright owner to post or transmit the photos.

If you believe that your intellectual property rights have been infringed by another party please contact Bellamax via email or in writing at Bellamax, Inc. 388 Market Street, Suite 1250 San Francisco, CA 94111. You must provide us with the following information:

• Identify the material on the site that you believe infringes your work, with enough detail so that we may locate it on the site (page URL and name of image);
• Provide your address, telephone number, and email address;
• Provide a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• Provide a statement that (i) the information you have provided to us is accurate, and (ii) you are the owner of the copyright interest involved or you are authorized to act on behalf of that owner; and
• Provide your physical or electronic signature. Upon receiving your complaint, Bellamax may remove content that you believe infringes your copyright.

Disclaimer of Warranty and Limitations of Liability
THE UPSHOT 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 UPSHOT SITE. BELLAMAX FURTHER DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVERTISEMENT OBTAINED THROUGH THE UPSHOT SITE. 

YOU, THE USER, UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY DIGITAL PHOTO TO THE UPSHOT SITE, AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE UPSHOT 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.

THE UPSHOT SITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN; THESE CHANGES WILL BE INCORPORATED IN NEW EDITIONS OF THE UPSHOT SITE. BELLAMAX MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED IN THE UPSHOT SITE AT ANY TIME.

The UpShot site can be accessed from other countries around the world and may contain references to products, services, and programs that have not been announced in your country. These references do not imply that Bellamax intends to announce such products, services or programs in your country.

Indemnity
By using the UpShot 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 UpShot products.

Governing Law
All legal issues arising from or related to the use of the UpShot site or UpShot software shall be construed in accordance with the laws of the State of California without regard to conflicts of law principles.

Links to Third-Party Web Sites
The UpShot site may contains links to third-party Web sites, which are not under the control of Bellamax. Bellamax makes no representations whatsoever about any other Web site to which you may have access through the UpShot site. When you access a non-UpShot Web site, you do so at your own risk and Bellamax is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites. The Upshot site provides these links merely as a convenience and the inclusion of such links does not imply that Bellamax endorses or accepts any responsibility for the content or uses of such Web sites.

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

Updated May 15, 2006