Terms & Conditions
By using the website BLMMP.com or submitting an order to BrightLights MultiMedia Productions (herein referred to as “we”, “us”, or “BLMMP”), you (herein referred to as “customer and/or subscriber”), agree to be bound by the following Terms and Conditions (“Terms”). These Terms govern your access to and use of the BLMMP.com website and service (collectively, the “Service”). By accessing our website or purchasing our service, you agree to these Terms. Your use of the Service is expressly conditioned on your acceptance of these Terms. We reserve the right to modify these Terms at any time. If these Terms change, the revised Terms will be posted on our website with the most recent modification date. You will be notified by notice on our website for 30 days of any material change in these Terms.
2. Submissions
All Submissions received by BrightLights MultiMedia Productions in physical format (“Originals”) will be returned to you after the Service has been completed. Return shipping of your Originals will be charged as part of your order. We do not destroy Originals. All digitized film and still image files will be stored by BrightLights MultiMedia Productions for the period of up to 30 days only from the return ship date. We do not store video files for any period of time.
3. Right to Refuse Service
We reserve the right to refuse to transfer any submissions for any reason at our discretion. You will not be charged for any submissions that we refuse to transfer.
4. Payment/Return Policy
BrightLights MultiMedia Productions accepts payment by Paypal or credit card. We currently only accepts payments made in US dollars.
Our ability to provide our Service is contingent upon receiving your original media. If we do not receive your media within 14 days of the date on which you place and pay for an order, we reserve the right to cancel your order for our Service. Cancelled orders may be refunded at our discretion. However a cancellation service charge of 25% of the entire amount of the order may apply to all cancelled orders. In any conditions, if your order has been placed and/or not paid for and BrightLights MultiMedia Productions has processed the order into our system and you decide not continue with the order, there will be a 25% cancellation fee applied to your account before any materials are returned to you.
BrightLights MultiMedia Productions Service is for digitization and hosting services. If a customer is not satisfied with a transfer service order, we will attempt to re-transfer the order and attain a quality level as close as possible to the original source quality. However, as with other custom services, transfer orders and related custom production services are non-refundable.
5. Storage
If your order is being shipped, you have 10 days after notified that the project has been completed to pay your remaining balance in full after which your account will be finalized and your order will be shipped.
If your project is not and paid in full after the ten (10) business days of your project being completed then BLMMP reserves the right to charge a $10 per week storage charge to your account until the balance is paid in full and the order is shipped. The storage charge begins on the 11th business day and cycles every 7 days.
6. Shipping
All items purchased through BrightLights MultiMedia Productions are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to our carrier. BLMMP is not liable for any Submissions or other materials while in transit through or in possession of United Parcel Service (UPS) (our preferred carrier) or any other carrier. BrightLights MultiMedia Productions does not provide any insurance of any kind beyond the replacement value of the raw material cost of your media. If your media has a value beyond the material cost of replacement then it is your responsibility to obtain the relevant insurance coverage from an outside vendor.
7. Copyright.
BrightLights MultiMedia Productions does not reproduce any materials or content that may violate Copyright Laws. It is explicitly understood that you own the copyright and all rights to any video material submitted to BLMMP. By acceptance of the Terms and Conditions you acknowledge and represent that the media and content provided to BrightLights MultiMedia Productions are either not in conflict with the Copyright Laws or that you hold the Copyright. You are solely responsible and assume all copyright liability for all content you submit. It is generally illegal to copy, reproduce or distribute copyrighted information or materials (including photographs, video, audio, and music) without the consent of the owner of such copyright. YOU ALSO REPRESENT THAT IN SUBMITTING PHYSICAL IMAGES TO BLMMP, THAT YOU ARE THE OWNER OR ARE AUTHORIZED BY THE COPYRIGHT OWNER TO USE ANY COPYRIGHTED MATERIALS SUBMITTED OR PROVIDED BY YOU. YOU WILL HOLD BrightLights MultiMedia Productions HARMLESS FROM ANY FASHION, INCLUDING DIGITALLY, ALL IMAGES (PHOTOGRAPHS, VIDEO, FILM, MUSIC, AUDIO, ETC.) YOU AGREE AND ACCEPT TOTAL RESPONSIBILITY FOR ANY COPYRIGHT VIOLATIONS RELATED TO THE MATERIALS YOU HAVE SUBMITTED TO US. UNAUTHORIZED USE MAY BE IN VIOLATION OF THE LAW AND COULD RESULT IN LIABILITY BY YOU.
8. Indemnification & Disclaimer of Warranties
You will indemnify and hold harmless BrightLights MultiMedia Productions, our officers, directors, employees, agents, licensors, and suppliers harmless from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees against any claims or demands by any third party that infringes upon any U.S. Copyright and/or Patent. You shall be liable for and shall indemnify and defend BrightLights MultiMedia Productions from and against any claims in any way arising from or related to (i) the alleged infringement of patent, trademark, design, copyright or other intellectual property rights in relation to the your use of the service and (ii) Your use or inclusion of any information, photographs, artwork or other content including without limitation claims based on invasion of privacy, right of publicity, Communications Decency Act of 1996, obscenity or pornography, and a violation of any State or ordinance or other laws.
THE SERVICE, CONTENT AND/OR MATERIALS AVAILABLE THROUGH THE BLMMP.com WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BrightLights MultiMedia Productions EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. BrightLights MultiMedia Productions MAKES NO WARRANTY REGARDING ANY SOFTWARE, GOODS, SERVICES, SPECIAL OFFERS, OR THE DELIVERY, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS OR RELIABILITY OF ANY SOFTWARE, GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BLMMP WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
We do not provide any warranty of any kind for any storage media that was provided as a part of the Service. Any warranty claims for storage media should be directed to the original manufacturer.
Any action hereunder must be brought, if at all, within one (1) year from the accrual of the cause of action. The parties agree that these Terms and any claims hereunder shall be governed by and subject to the state and federal laws of the state of Illinois, and hereby consent to jurisdiction and venue in the courts of the state of Illinois.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL BrightLights MultiMedia Productions BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF BLMMP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, BrightLights MultiMedia Productions SERVICES, FROM ANY CHANGES TO ITS SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY DIGITAL CONTENT OR ANY IMAGE TO BLMMP IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR IMAGE THAT MAY RESULT. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR CONTENT.
YOU AGREE THAT THE AGGREGATE LIABILITY OF BrightLights MultiMedia Productions TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SERVICE IS LIMITED TO $250 (US). YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT BrightLights MultiMedia Productions HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
BY SUBMITTING PHYSICAL MEDIA AND MATERIAL TO BMMP, YOU REQUEST THE TRANSFER SERVICES DESCRIBED IN ANY ORDER ASSOCIATED THEREWITH. YOU AGREE THAT THE LIABILITY OF BrightLights MultiMedia Productions, ITS AGENTS AND EMPLOYEES, FOR ANY LOSSES OR DAMAGES OF ANY KIND OR NATURE TO YOUR FILM, NEGATIVE, OR OTHER MATERIAL, IS LIMITED TO THE COST OF REPLACING SUCH MATERIAL WITH BLANK MEDIA, AND IS LIMITED TO $250. YOU ALSO AGREE THAT BLMMP, ITS AGENTS AND EMPLOYEES, SHALL NOT BE OTHERWISE LIABLE TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND OR NATURE, WHETHER DIRECT, INCIDENTAL, CONSEQUENTIAL, OR OTHERWISE.
10. Miscellaneous
We may assign our rights and responsibilities hereunder without notice to you. When you place an order, BrightLights MultiMedia Productions will charge you for the entire amount of your order. BrightLights MultiMedia Productions reserves the right to ship partial orders but will combine as many individual orders as possible into a single package.
In case any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, the invalidity, illegality, unenforceability shall not effect any other provision of this agreement and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein
These Terms constitute the entire agreement between you and BrightLights MultiMedia Productions, with respect to this Service, and supersede all other communications, written or oral, with regard to the Service. The failure of BrightLights MultiMedia Productions to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
