Creative Services Agreement

Last Updated: September 17th, 2024

For any questions, comments, concerns, cancellations, or order changes, please contact us at support@blackbulb.com or access our helpdesk via the portal: https://portal.blackbulb.com/contact/helpdesk.

THIS AGREEMENT IS IMPORTANT AND AFFECTS YOUR LEGAL RIGHTS. PLEASE CAREFULLY READ THIS SERVICES AGREEMENT PRIOR TO SIGNING UP FOR OUR SERVICES.

Terms & Conditions

Black Bulb Media LLC, a Colorado limited liability corporation (referred to as “BlackBulb”, “we”, “us”, “our”), reserves the right to change or modify this agreement, and any policy or guideline incorporated by reference, at any time at its sole discretion.

You (referred to as “Client,” “your”) accept our terms of service, detailed herein, upon clicking the checkbox in our checkout process (which is required to complete the form). You agree that you’ve reviewed and understand the content within our knowledge base outlining details on how our service works and our scope at https://blackbulb.com/creative-services. If our website does not currently display the details of our services, the order page will be used in lieu of this for service descriptions. A full list of inclusions can be requested at any time from support@blackbulb.com.

Any changes or modifications will be posted by BlackBulb to blackbulb.com/video-editing-services-agreement and become effective upon posting of the revisions on this document.

You are responsible for regularly reviewing the site to obtain timely notice of such changes or modifications. Your continued use of the services following BlackBulb’s posting of any changes or modifications will constitute your acceptance of such changes or modifications. IF YOU DO NOT AGREE TO THE TERMS OF ANY MODIFICATION, DO NOT CONTINUE TO USE THE SERVICES AND IMMEDIATELY PROVIDE NOTICE OF CANCELLATION OF THIS AGREEMENT.

Service Use

BlackBulb offers three types of services: subscription-based services, one-time video edits, and “Pay by the Hour” services. Unless specifically stated otherwise, the terms below apply to all services offered by BlackBulb. Specific terms relating to individual services are clearly indicated.

1. Subscription Services

Your subscription and any add-ons will automatically renew at the end of the applicable subscription period. BlackBulb works on one video at a time for each individual subscription plan. If a client wants more active projects, they can order additional subscription plans or more hours. 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 video being worked on at a time. Other videos are queued in the order received unless changes are requested via email or the client portal.

2. One-Time Video Edits

For one-time video edits, we provide a slotted turnaround time listed on the order form/website. However, this is a rough estimate only, and no turnaround times are guaranteed. If we need an extension, we will communicate that to the client as soon as possible and do our best to complete the project quickly. A project delay will not entitle the client to a refund or credit of any kind, as turnaround times are based on standard editing expectations, and additional time required for more complex projects is beyond our control.

One-time edits come with a set number of revision cycles, which is listed on the order page. These revisions are included in the price, but requests beyond this will require the client to pay a fee based on the number of changes requested. Revision requests must be reasonable and in line with the original request. Revision changes cannot fundamentally contradict previous requests and may incur an extra fee. Any changes, files, or data sent after the initial order is placed but before the first draft is delivered may either count as a revision cycle and/or incur additional fees. After a video is sent to be reviewed by a client, if the client does not send revisions within 5 days, it will be considered acceptance of the final video. Any changes/modifications after that point will incur fees and may require the client to purchase a new service.

For one-time video edits, you can also have an unlimited number of simultaneous projects active at the same time. Additionally, we offer a 1-day delivery add-on for faster service.

Refund Policy for 1-Day Delivery:
If we are unable to meet the 1-day delivery timeframe for this add-on, we will refund the client 50% of the fee for each additional day it takes to complete the project. For example:

If the 1-day delivery fee is $100 and delivery takes 2 days, the client will be refunded $50.
If delivery takes 3 days, the client will be refunded $75, and so on.

This refund policy applies only to the 1-day delivery fee and does not affect the pricing of the actual editing service.

If you require a custom service with a specific timeline, please contact support or submit a ticket in the client portal. Quotes are valid for one week unless otherwise stated, and the final project cost may vary. If the total cost exceeds 20% of the original quote, we will seek client approval before continuing.

3. “Pay by the Hour” Service

The “Pay by the Hour” service is offered to select clients, providing flexible billing based on the actual time spent on hourly projects. This service operates under the following specific terms:

Initial Assessment, Hourly Rate, and Estimate
Upon placing an order for an hourly project, the Client will be charged for a minimum of one (1) hour, establishing the hourly rate for the entire project. This rate applies to all services provided, including revisions, adjustments, and any additional tasks related to the project. After the initial one-hour session, BlackBulb will provide an estimate of the total hours required for the hourly project, and work will continue only upon the Client’s approval of this estimate via email or the client portal. Billing is calculated in 15-minute increments.

Approval, Payment, and Billing
By approving the estimate, the Client authorizes BlackBulb to charge the payment method on file for the corresponding hours worked, up to the total estimated time plus an additional 20%, if necessary. If BlackBulb determines that the hourly project will require more than 20% additional time beyond the approved estimate, all work will be paused, and we will notify the Client. The Client can then decide whether to approve additional time. At this stage, any new time estimates provided will be rough projections and may not accurately reflect the final amount of time required to complete the project.

The Client may impose or adjust a hard cap on the total number of hours worked at any time during the project. This cap, or any modifications to it, must be communicated in writing via email or through the client portal. Once established, the cap can be removed or adjusted at the Client’s discretion. However, BlackBulb cannot guarantee project completion if the imposed hour limit is insufficient for the project’s scope.

Automatic Billing and Delivery
Upon completing any portion of the hourly project, the Client will be automatically charged for the hours worked, as agreed in the approved estimate. By approving the estimate, the Client agrees to this automatic charge upon the completion of any work. The Client must maintain a valid payment method on file to receive the final deliverables immediately. If payment is not successfully processed, BlackBulb will deliver the work in a watermarked, non-usable format until the full payment is made.

Cancellation and Non-Payment
The Client may cancel the hourly project at any time by notifying BlackBulb via email or through the client portal. However, the Client will be responsible for paying for all work completed up to the point of cancellation, calculated based on the hours worked, including the 15-minute billing increments. In cases of non-payment, BlackBulb reserves the right to take further action, including submitting outstanding amounts to a collection agency or pursuing legal action. The Client will be responsible for all fees associated with the collection process, as well as the maximum allowable legal interest on overdue amounts. Failure to pay may result in restrictions on future access to BlackBulb’s services and could require upfront payment for future orders.

Turnaround Time and Service Limitations
Turnaround times for hourly projects may fluctuate based on project complexity, Client feedback, and additional requests. Turnaround times are not guaranteed, and delays in communication may further impact timelines. BlackBulb does not guarantee specific delivery deadlines unless expressly agreed upon in writing, except for the 1-day delivery refund policy outlined above.

For Clients selecting the low-priority hourly editing rate, you acknowledge and agree that your project will be prioritized after all other projects, including standard and expedited services. BlackBulb makes no guarantees regarding the turnaround time or completion date for low-priority projects. Due to the nature of this service, completion of your project may take several weeks, months, or longer, depending on staff availability, project complexity, and overall workload. The Client agrees to this timeline without reservation and understands that any estimates provided are rough projections and not binding.

The Client may, at any time, cancel the project if the timeline becomes unacceptable; however, the Client will remain responsible for any work completed up to the point of cancellation, billed at the hourly rate in effect. Additionally, the Client may choose to upgrade to the standard editing rate, subject to BlackBulb’s approval and staff availability, to receive a faster turnaround. Upgrading does not guarantee immediate service and will be subject to the current project queue. BlackBulb reserves the right to refuse an upgrade request if it cannot be reasonably accommodated.

Editing Priority System

Our editing services operate on a priority-based system to manage projects efficiently. The order of priority is as follows:

Guaranteed Daily Editing Hours: Clients with pre-booked guaranteed editing hours receive the highest priority and will have their projects worked on daily as part of their plan.
1-Day Delivery Orders: One-time orders that have opted for the 1-day delivery add-on are prioritized after guaranteed daily editing hours, as we strive to meet the expedited delivery commitment.
Hourly Orders and One-Time Orders with Urgent Deadlines: Projects that are hourly-based or one-time edits with an approaching deadline (e.g., due within 24-48 hours) take precedence over less urgent tasks. If a one-time order has a later due date, we may focus on hourly orders first.
Standard Orders with Longer Due Dates: For standard one-time video edits with longer due dates (e.g., more than 5 days out), we will always strive to meet the deadline but may not prioritize completing the project significantly in advance. These orders will be worked on after higher-priority tasks but before low-priority subscriptions and low-priority hourly projects.
Unlimited Low-Priority Subscription Plans: Clients on unlimited low-priority subscription plans will have their projects worked on after the above categories. However, during particularly busy periods, there may be times when no low-priority work is completed until higher-priority tasks are cleared.
Low-Priority Hourly Projects: Low-priority hourly rate projects are addressed last and will only be worked on after all other higher-priority tasks, including subscription plans, are completed. During high-demand periods, we make no guarantees that any low-priority hourly projects will be worked on at all.

With the exception of editing hours purchased on a monthly plan, nothing in this section should be interpreted as a guarantee of specific turnaround times or service delivery. This is a general guideline, and timelines are subject to change based on staff availability, project complexity, and overall workload. During busy periods, lower-priority projects, including subscriptions and hourly work, may experience significant delays, and some may not be worked on at all.

File Retention

BlackBulb will retain the final files of any delivered project on our servers for a minimum of 15 days from the date of delivery. After 15 days, we make no guarantees on being able to supply the final video files or make changes/revisions to any project. Once the 15-day period has passed, BlackBulb may remove the project files from our systems and may not be able to recover them.

By uploading files to BlackBulb, the Client agrees that we can store these files indefinitely at our discretion, but we are not obligated to retain any specific files beyond the initial 15-day period. It is the Client’s responsibility to download and secure the final deliverables within this timeframe. BlackBulb is not liable for any losses or inconvenience arising from the failure to retrieve final files within this window.

No Refund Policy

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

The only exception to this policy is the 1-day delivery refund policy outlined above, which applies solely to delays in the 1-day delivery add-on fee.

Add-Ons and Additional Services

Any purchases or subscriptions can have additional services/features added at any time for a fee. These can be upgraded 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

We allow clients to upload files of unlimited size, but our platform limits individual file uploads to 50 GB. If larger files are required, clients must provide their own file-sharing solutions.

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. To cancel your subscription, please visit: portal.blackbulb.com/contact/modify_service. 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.

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, 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, 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 Protection

BLACKBULB MAKES EVERY REASONABLE EFFORT TO ENSURE THAT NO COPYRIGHTED MATERIAL IS 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.

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) YOUR CONDUCT IN CONNECTION WITH OUR SERVICES, INCLUDING BUT NOT LIMITED TO ANY ACTS OF NEGLIGENCE, MISCONDUCT, OR FRAUD;
(e) ANY DISPUTES BETWEEN YOU AND ANY THIRD PARTY ARISING FROM OR IN CONNECTION WITH YOUR USE OF OUR SERVICES;
(f) 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;
(g) YOUR FAILURE TO COMPLY WITH ANY APPLICABLE LAWS, RULES, OR REGULATIONS;
(h) 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. We do not operate on the following holidays in 2024: January 1, March 28, March 29, May 1, June 12, August 26, November 1, November 30, December 25, and December 30. 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 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
1001 Wilshire Blvd, STE 1303
Los Angeles, CA 90017

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.