Creative Services Agreement

Terms & Conditions

Black Bulb Media LLC, a Colorado limited liability company (referred to as “BlackBulb,” “we,” “us,” or “our”), maintains the right to modify this agreement, along with any associated policies, guidelines, pricing, product offerings, features, or offers, at its sole discretion and at any time.

By proceeding with the checkout process, you (“Client” or “you”) acknowledge and accept these terms of service and confirm that you have reviewed the description of the specific product or service you are purchasing, as presented at the time of purchase, as well as our knowledge base, which outlines the scope and functionality of our services. Should our website not reflect current service descriptions, the order page shall serve as the primary source of service information. You may also request a full list of service inclusions from support@blackbulb.com.

Description of Services and Products

BlackBulb provides creative production services, which may include, without limitation, video editing, thumbnail and graphic design, and other creative, design, or post-production services. Our product offerings, features, inclusions, and pricing change from time to time at our sole discretion, and we may add, modify, rename, bundle, re-tier, or discontinue any product or service at any time without prior notice.

The specific deliverables, features, inclusions, limits, revision allowances, turnaround expectations, and any product-specific terms applicable to your purchase are defined by the product or service you select and the corresponding description presented at the time of purchase (the “Order Page”). What you receive is determined by, and limited to, the product offering you purchase. Where this agreement and an Order Page differ as to the scope or inclusions of a specific product, the Order Page controls for that product; in all other respects, this agreement governs.

Unless expressly stated otherwise, the general terms in this agreement apply to all products and services offered by BlackBulb. Terms that apply only to a particular product type (for example, subscription products) are identified as such.

Pricing and Subscription Terms

BlackBulb reserves the right to adjust pricing, discontinue services, or revoke any coupons, discounts, or special offers at any time and for any reason, without prior notice. In the event of a pricing change for subscriptions or other recurring products, current subscriptions may be canceled, and clients will be required to re-subscribe at the new price. Any continued access to services under revised pricing is contingent upon reordering at updated rates, solely at BlackBulb's discretion.

Coupon and Discount Policy

Coupons, discounts, and promotional offers are issued at BlackBulb's discretion and are not guaranteed. By using any coupon or discount, you agree to the following terms:

• Non-Transferability: Coupons and discounts are non-transferable and may only be used by the original recipient.
• Right to Revoke: BlackBulb may cancel any coupon, discount, or promotional offer at any time. If we determine that a coupon is being misused or applied in a way that contradicts its intended purpose, we reserve the right to remove the discount and charge the full service rate.

Agreement Modifications and Client Responsibility

BlackBulb will post any changes to this agreement on our website. Modifications are effective immediately upon posting. It is your responsibility to review these terms periodically to stay informed of any updates. Continued use of our services following any posted changes constitutes your acceptance of the revised terms.

If you do not agree with any modifications, discontinue use of BlackBulb services immediately and notify us of your intent to cancel this agreement.

Service Fee

A mandatory service fee of 5% is applied to all transactions, regardless of the method of payment. This fee covers administrative and operational costs associated with providing our services and is not a surcharge for credit card use or any specific payment method. The service fee applies uniformly to all customers, whether payments are made via credit card, debit card, cash, or any other accepted payment method.

By completing a transaction with us, you acknowledge and agree to the application of this service fee.

This fee complies with applicable laws and regulations and is designed to align with jurisdictions where specific rules apply to surcharges or service fees. If local laws prohibit such a fee structure, we reserve the right to modify the fee or its application as necessary to ensure compliance.

Subscription Services

This section applies to subscription-based products.

Your subscription and any add-ons will automatically renew at the end of the applicable subscription period. BlackBulb works on one project at a time for each individual subscription plan. If a client wants more active projects, they can order additional subscription plans. Turnaround times are not guaranteed, but most clients receive 1–2 final drafts overnight depending on the length and complexity of the projects.

Your subscription gives you a fractional stake of an editor for a specified number of hours per workday, as defined in your order. Unused time does not accumulate or roll over, as each day your editor is blocked for the hours ordered.

Clients can add an unlimited number of team members to help manage and place orders. Each team member should have their own account. By adding any team members or users to their account, the client acknowledges that they are accepting these terms on behalf of those users. Regardless of the number of users, each subscription is allowed only one active project being worked on at a time. Other projects are queued in the order received unless changes are requested via email or the client portal.

First-Time User Refund Policy: BlackBulb offers a 7-day, no-questions-asked refund policy exclusively on the first subscription purchased by a genuinely new customer. This 7-day period begins on the date of the initial order, during which the customer must submit any refund requests in writing. This policy applies solely to the first subscription of any type and does not extend to additional subscriptions, add-ons, renewals, or any future purchases under the same or a different account.

After the initial 7-day period, BlackBulb's standard no-refunds policy applies to all services, without exception. BlackBulb reserves the right, at its sole discretion, to deny any refund if we have reason to believe the policy is being misused, if multiple accounts are created to exploit this offer, or if the customer does not meet the criteria for a genuine first-time user. This policy is designed to ensure fair use and to protect BlackBulb's service integrity.

Estimates and No Guarantees

All timelines, turnaround times, delivery dates, draft or revision counts, quotes, cost estimates, scope descriptions, and any other statements BlackBulb provides regarding a project, product, or deliverable — whether communicated orally, in writing, on the Order Page, through the client portal, or by email — are good-faith estimates only and do not constitute binding commitments, promises, or guarantees.

Actual timelines, costs, draft counts, and results may vary based on project complexity, the volume and quality of submitted materials, the nature and number of revision requests, client responsiveness, staff availability, and overall workload. No estimate, projection, sample, prior result, or representation creates any guarantee, warranty, or obligation on the part of BlackBulb unless it is expressly designated as a guarantee in a writing issued or confirmed by BlackBulb.

For clarity, and to the fullest extent permitted by applicable law, BlackBulb does not guarantee any specific delivery date or turnaround time; any number of drafts or revisions beyond those expressly included in your purchased product; any particular quality, style, or creative result; or any performance, engagement, view count, monetization, business, or other outcome arising from the use of any deliverable. Where a quote or cost estimate is provided for custom work, the final cost may vary; if the total cost would materially exceed the estimate provided, BlackBulb will seek the Client's approval before continuing with the affected work.

Turnaround Times and Priority

Turnaround times for any product may fluctuate based on project complexity, client feedback, the volume and format of submitted materials, and additional requests. Turnaround times are estimates only and are not guaranteed, except where a specific delivery commitment is expressly agreed in writing or stated on the applicable Order Page. Delays in client communication may further impact timelines.

BlackBulb manages work using a priority-based system in order to operate efficiently. Priority among products, add-ons, and projects is determined by the product offering purchased, any priority or expedited add-ons selected, and the applicable Order Page, and is otherwise at BlackBulb's reasonable discretion. With the exception of editing hours purchased under a subscription or recurring plan, nothing in this section should be interpreted as a guarantee of specific turnaround times or service delivery. During busy periods, lower-priority work may experience significant delays, and some lower-priority work may not be completed.

Add-Ons and Additional Services

Any purchase or subscription may have additional services or features added at any time for a fee. These can be added by submitting a ticket in the client portal or emailing support@blackbulb.com. While plans can be upgraded at any time, they cannot be downgraded until the current billing cycle has passed.

File Uploads and Submitted Materials

BlackBulb provides flexible raw-footage and material upload options based on the product or service you purchase.

• Subscriptions: Clients on subscription plans may upload unlimited raw footage and materials, with editing hours allocated daily according to their plan. Although there is no per-hour rate, processing large volumes of footage or materials may consume more of the daily editing hours included in the subscription.
• Other products: Any upload limits, overage fees, footage or duration restrictions, or material requirements specific to a particular product will be stated on the applicable Order Page. Where a product specifies an upload limit, BlackBulb reserves the right to charge a reasonable overage fee, as disclosed at the time of purchase, for materials exceeding that limit. Clients may avoid overage fees by using their own file-sharing solution to transfer materials where permitted.

Any file size or volume limits are in addition to, and do not replace, any other limitations (such as duration limits) that may apply to a given order or product type.

File Retention

BlackBulb will retain the final files and raw files of any project on our servers for up to 14 days after the project is completed or canceled, or the 5 most recent projects—whichever limit is reached first. Beyond this retention period, we do not guarantee access to final or raw files, nor the ability to make changes or revisions. Once the retention period lapses, BlackBulb may delete project files, including raw files, from our systems, and recovery may not be possible.

By uploading files to BlackBulb, the Client consents to our storage of these files at our discretion. While BlackBulb may choose to retain files indefinitely, we are not obligated to store any specific files beyond the initial retention period. Clients are responsible for downloading and securing final and raw deliverables within this timeframe. BlackBulb is not liable for any losses or inconvenience resulting from the failure to retrieve final or raw files within the specified period.

Cancellation

You may cancel your subscription with BlackBulb at any time before the end of the then-current subscription period. To cancel your subscription, please provide notice at least 3 business days prior to the renewal date. You can do so through your customer portal. Upon cancellation, you will continue to have access to the BlackBulb services and your files through the end of your paid billing term. Access to your account files requires an active subscription. Canceled accounts will not have access to their files once their billing term has ended.

Payment and Refunds

Payments are non-refundable, and we do not provide refunds or credits for any partial subscription periods. Upon registering for the services, you authorize BlackBulb to charge your payment method on each anniversary of your registration date, according to your billing frequency (e.g., monthly, quarterly, annually). Your account and access to the services provided via the site shall be suspended in the event of non-payment of applicable fees. You represent and warrant that such payment information is accurate and that you are authorized to use the payment instrument. You will promptly update your account information with any changes. BlackBulb may change its fees by posting changes on the site with 5 days' notice, but with no advance notice required for temporary promotions or reductions in fees.

No Refund Policy

BlackBulb has a strict no-refund policy for all products and services. Once payment has been processed, refunds or credits will not be provided for any partial subscription periods, incomplete projects, or for any other service BlackBulb offers.

The only exceptions to this policy are:

• The First-Time User Refund Policy, which provides new customers with a 7-day window to request a refund on their very first subscription, subject to the conditions outlined in the First-Time User Refund Policy above.
• Any product-specific refund term that is expressly stated on the applicable Order Page for a particular product or add-on (for example, a refund tied to a specific delivery-time commitment). Any such refund applies solely to the specific fee and conditions described on that Order Page and does not affect the price of any other service.

After these specified periods and conditions, all sales are final, and BlackBulb's no-refund policy strictly applies.

Client Content, Responsibilities, and Assumption of Risk

The Client is solely and exclusively responsible for all content, materials, and instructions submitted to or used by BlackBulb in connection with any project, including, without limitation, footage, images, photographs, graphics, logos, brand assets, scripts, captions, audio, music, voiceover, fonts, and any direction or instruction the Client provides (“Client Content”).

By submitting or uploading Client Content, or by directing BlackBulb to obtain, incorporate, or act upon any content, the Client represents, warrants, and agrees as follows:

• The Client owns or has obtained all rights, licenses, permissions, consents, and releases necessary for BlackBulb to use, edit, modify, reproduce, display, and deliver the Client Content for the intended purpose, including any rights of any persons appearing in or contributing to the content, any music, stock, or third-party materials, and any required model, talent, location, or likeness releases.
• The Client Content, and the Client's use of any deliverable, does not and will not infringe, misappropriate, or violate any copyright, trademark, patent, trade secret, contract, privacy, publicity, or other right of any person or entity, and does not violate any applicable law, regulation, or third-party policy (including the policies of any platform on which the Client intends to publish).
• The Client assumes all risk arising out of or relating to the Client Content and to BlackBulb's handling, editing, or delivery of it in accordance with the Client's instructions. This includes any and every type of content the Client chooses to send to BlackBulb, and any consequence arising from it.

BlackBulb does not pre-screen, vet, verify, fact-check, or otherwise review Client Content for legality, ownership, accuracy, rights clearance, appropriateness, or compliance with any law or policy, and is under no obligation to do so. Any review BlackBulb may perform is at its sole discretion and does not shift responsibility to BlackBulb or create any duty, representation, or warranty.

Prohibited Content. The Client agrees not to submit, request, or direct the creation of any content that is unlawful or that BlackBulb determines, in its sole discretion, to be objectionable, including but not limited to: content that sexually exploits, endangers, or depicts the abuse of minors; content that infringes the intellectual property or other rights of any third party; defamatory, harassing, threatening, or fraudulent content; content that violates the privacy or publicity rights of any person; and content that is otherwise illegal or facilitates illegal activity. BlackBulb reserves the right, at its sole discretion and without refund, to refuse, suspend, or terminate any project or account, and to report unlawful content to appropriate authorities, where it believes this provision has been or may be violated. Nothing in this provision obligates BlackBulb to monitor content, and BlackBulb's failure to act on any particular content does not waive its rights.

The Client is solely responsible for ensuring that any final deliverable, and the Client's use, publication, distribution, or monetization of it, complies with all applicable laws, regulations, disclosure requirements, advertising rules, and platform terms. BlackBulb bears no responsibility for the Client's use of, or any outcome resulting from, any deliverable.

This section is in addition to, and does not limit, the Copyright, Disclaimer of Warranties, Limitation of Liability, and Indemnification provisions of this agreement.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL BLACKBULB, ITS OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE USE OR INABILITY TO USE OUR SERVICES, ANY DELIVERABLE, OR ANY RELIANCE ON THE INFORMATION OR CONTENT PROVIDED, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOUR USE OF OUR SERVICES IS AT YOUR OWN RISK AND DISCRETION. BLACKBULB DISCLAIMS ALL LIABILITY FOR ANY ACTIONS TAKEN IN RELIANCE ON OUR SERVICES OR INFORMATION PROVIDED. ALL SERVICES, DELIVERABLES, AND CONTENT ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, AS STATED ABOVE.

IN JURISDICTIONS WHERE THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, IS NOT PERMITTED, BLACKBULB'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF BLACKBULB FOR ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICES PROVIDED, ANY DELIVERABLE, OR ANY OTHER MATTER WHATSOEVER EXCEED THE AMOUNT YOU HAVE PAID TO BLACKBULB IN THE LAST 30 DAYS PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY. THIS LIMITATION APPLIES REGARDLESS OF THE NATURE OF THE CLAIM OR THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE.

Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BLACKBULB MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SERVICES, DELIVERABLES, CONTENT, OR MATERIALS PROVIDED. ALL WORK, SERVICES, AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, RESULTS, OR NON-INFRINGEMENT.

BLACKBULB DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM DEFECTS, VIRUSES, OR OTHER HARMFUL COMPONENTS. WE DO NOT GUARANTEE THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED, OR THAT THE CONTENT OR SERVICES WILL MEET YOUR EXPECTATIONS, REQUIREMENTS, OR SPECIFIC OUTCOMES. THE CLIENT ASSUMES FULL RESPONSIBILITY AND ALL ASSOCIATED RISKS ARISING FROM THE USE OF OUR SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOSS, DAMAGE, OR HARM TO YOUR SYSTEM, DATA, OR BUSINESS.

Copyright and Intellectual Property

BLACKBULB MAKES EVERY REASONABLE EFFORT TO ENSURE THAT NO COPYRIGHTED MATERIAL IS IMPROPERLY INCLUDED IN FINAL DELIVERABLES. HOWEVER, GIVEN THAT WE RELY ON CLIENT-SUPPLIED CONTENT AND OPERATE BASED ON CLIENT INSTRUCTIONS, BLACKBULB CANNOT AND DOES NOT GUARANTEE THAT THE FINAL PRODUCT WILL BE FREE OF COPYRIGHTED MATERIAL. THIS APPLIES TO ANY CONTENT ADDED BY BLACKBULB AS WELL. WE MAKE NO REPRESENTATIONS OR CLAIMS THAT ANY CONTENT OR MATERIALS PROVIDED BY US ARE FREE OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RESTRICTIONS.

IT IS THE SOLE AND EXCLUSIVE RESPONSIBILITY OF THE CLIENT TO REVIEW ALL FINAL CONTENT AND ENSURE THAT IT IS FREE FROM ANY POTENTIAL COPYRIGHT ISSUES, INCLUDING, BUT NOT LIMITED TO, CONTENT ADDED BY BLACKBULB. THE CLIENT ASSUMES FULL RESPONSIBILITY FOR SECURING ALL NECESSARY RIGHTS, PERMISSIONS, OR LICENSES FOR THE USE OF ANY CONTENT INCLUDED IN THE FINAL PRODUCT. BLACKBULB DOES NOT PROVIDE LEGAL ADVICE OR OPINIONS REGARDING INTELLECTUAL PROPERTY RIGHTS AND STRONGLY ENCOURAGES CLIENTS TO SEEK INDEPENDENT LEGAL COUNSEL TO ENSURE COMPLIANCE WITH APPLICABLE LAWS.

TO THE FULLEST EXTENT PERMITTED BY LAW, BLACKBULB WILL NOT BE LIABLE FOR ANY CLAIMS, DAMAGES, LIABILITIES, OR LEGAL ACTIONS ARISING FROM COPYRIGHT INFRINGEMENT OR INTELLECTUAL PROPERTY DISPUTES RELATED TO CLIENT-SUPPLIED CONTENT, ANY MODIFICATIONS MADE BASED ON CLIENT INSTRUCTIONS, OR ANY CONTENT ADDED INDEPENDENTLY BY BLACKBULB. THE CLIENT ASSUMES ALL RESPONSIBILITY FOR ENSURING THAT ANY CONTENT, WHETHER SUPPLIED OR ADDED, DOES NOT INFRINGE UPON THE COPYRIGHT OR OTHER RIGHTS OF ANY THIRD PARTY. BLACKBULB DISCLAIMS ALL LIABILITY FOR COPYRIGHT INFRINGEMENT, AND THE CLIENT AGREES TO INDEMNIFY AND HOLD HARMLESS BLACKBULB FROM ANY SUCH CLAIMS OR LEGAL ACTIONS.

To the extent that any intellectual property rights are acquired by BlackBulb through the provision of creative services, those rights are fully assigned and transferred to the Client once all associated fees for the applicable order, project, or subscription have been paid in full. Until payment is cleared, BlackBulb retains sole ownership of all deliverables, and the Client's license to use them is strictly limited. If any payment is reversed, disputed, charged back, or otherwise not fully paid, all assigned rights immediately revert to BlackBulb, and any previously granted license to the Client is revoked.

By submitting or uploading content (including but not limited to footage, images, scripts, audio, and graphics) to BlackBulb, the Client represents and warrants that they own or have obtained all necessary rights, permissions, and licenses for the intended use. The Client grants BlackBulb a temporary, non-exclusive license to use, modify, display, and distribute this content solely for the purpose of fulfilling the agreed-upon services. Additionally, by providing content to BlackBulb, the Client authorizes BlackBulb to archive all materials, including raw and final files, for internal purposes such as training, quality assurance, and workflow improvement. Archived materials will not be publicly released without the Client's consent, except as otherwise permitted below.

The Client also grants BlackBulb a perpetual, royalty-free, non-exclusive license to use final deliverables or anonymized excerpts thereof for marketing, promotional, and portfolio purposes, including public display (e.g., on websites, social media, and in presentations to prospective clients). Clients wishing to opt out of such marketing use may notify BlackBulb in writing prior to project completion, although removal of content already published cannot be guaranteed.

All references to raw materials, final deliverables, and retention periods are subject to the terms detailed in the File Retention section of this agreement. Any third-party content incorporated into deliverables remains subject to its original licensing terms, and the Client bears sole responsibility for securing appropriate permissions for such materials.

Indemnification

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS BLACKBULB AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, PARTNERS, EMPLOYEES, CONTRACTORS, AND AFFILIATES (INDIVIDUALLY AND COLLECTIVELY, THE “BLACKBULB PARTIES”) FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, CLAIMS, DEMANDS, DAMAGES, EXPENSES, OR COSTS (COLLECTIVELY, “CLAIMS”), INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS' FEES AND COURT COSTS, ARISING OUT OF OR RELATED TO:

• (a) YOUR ACCESS TO OR USE OF OUR SERVICES;
• (b) YOUR VIOLATION OF THESE TERMS OR ANY OTHER AGREEMENTS WITH BLACKBULB;
• (c) YOUR VIOLATION, MISAPPROPRIATION, OR INFRINGEMENT OF ANY RIGHTS OF ANOTHER, INCLUDING BUT NOT LIMITED TO INTELLECTUAL PROPERTY RIGHTS, PRIVACY RIGHTS, OR ANY OTHER LEGAL RIGHTS;
• (d) ANY CLIENT CONTENT YOU SUBMIT, OR ANY CONTENT BLACKBULB OBTAINS, INCORPORATES, OR CREATES AT YOUR DIRECTION, AND ANY USE, PUBLICATION, OR DISTRIBUTION OF ANY DELIVERABLE;
• (e) YOUR CONDUCT IN CONNECTION WITH OUR SERVICES, INCLUDING BUT NOT LIMITED TO ANY ACTS OF NEGLIGENCE, MISCONDUCT, OR FRAUD;
• (f) ANY DISPUTES BETWEEN YOU AND ANY THIRD PARTY ARISING FROM OR IN CONNECTION WITH YOUR USE OF OUR SERVICES;
• (g) ANY CONTENT YOU SUBMIT, POST, OR TRANSMIT THROUGH OUR SERVICES, INCLUDING WITHOUT LIMITATION, CLAIMS OF DEFAMATION, VIOLATION OF PRIVACY RIGHTS, OR INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS;
• (h) YOUR FAILURE TO COMPLY WITH ANY APPLICABLE LAWS, RULES, OR REGULATIONS;
• (i) ANY MISREPRESENTATIONS OR OMISSIONS MADE BY YOU IN CONNECTION WITH YOUR USE OF OUR SERVICES.

YOU AGREE TO PROMPTLY NOTIFY BLACKBULB OF ANY THIRD-PARTY CLAIMS, PROVIDE COOPERATION IN DEFENDING SUCH CLAIMS, AND BEAR FULL RESPONSIBILITY FOR ALL ASSOCIATED COSTS, INCLUDING BUT NOT LIMITED TO LEGAL FEES, EXPENSES, AND COURT COSTS. BLACKBULB RESERVES THE RIGHT TO ASSUME EXCLUSIVE CONTROL OF THE DEFENSE OR SETTLEMENT OF ANY THIRD-PARTY CLAIM AT OUR SOLE DISCRETION. YOU FURTHER AGREE THAT YOU WILL NOT SETTLE ANY THIRD-PARTY CLAIM WITHOUT THE PRIOR WRITTEN CONSENT OF BLACKBULB. THIS INDEMNIFICATION OBLIGATION IS IN ADDITION TO, AND DOES NOT SUBSTITUTE FOR, ANY OTHER INDEMNITIES PROVIDED UNDER ANY OTHER AGREEMENTS BETWEEN YOU AND BLACKBULB.

Definitions

Workday — BlackBulb operates Monday through Friday, Central Standard Time (CST). Our operational hours are 7:00 PM to 4:00 AM CST. BlackBulb observes certain holidays each year, during which editing services are not provided; a current list of observed holidays is available upon request and/or posted in the client portal. If you purchase the “weekend editing” add-on, you will receive editing services 7 days a week within the same time-zone restrictions, except on observed holidays.

Digital Millennium Copyright Act (DMCA)

In the event materials are made available to this site by third parties not within our control (e.g., stock footage, creative commons license), we are under no obligation to, and do not, scan such content for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party's copyright to remain on the site. If you believe any materials on the site infringe a copyright, you should provide us with written notice that at a minimum contains:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
• Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
• A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All DMCA notices should be sent to our designated agent as follows:

Black Bulb Media LLC
2000 S. Colorado Blvd.
Bldg 1 – 2000 – #141
Denver, CO 80222

Email: support@blackbulb.com

It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.

Governing Law

Any claim relating to Black Bulb Media LLC's Terms and Conditions shall be governed by the laws of the State of Colorado, without regard to its conflict of law provisions.