TERMS & CONDITIONS OF SERVICE ("TERMS")
The Terms & Conditions of Service (or "Terms") outlined below, reflect our business practices and the laws that apply to our activity. These Terms help define our relationship while you interact with our organization. Our Terms are broken down into the sections listed below.
1. GENERAL PROVISIONS
You may only access our websites or utilize our services if you are eighteen (18) years of age or older, and competent to enter into a binding contract.
1.1 Your Responsibility to Understand these Terms
Before using any of our services, it's your responsibility to read and under these Terms & Conditions of Service, which take effect the moment you access any of GenpopMedia's websites.
1.3 Performance Enforcement & Access Restrictions
If we fail to enforce your performance of any provision of this Agreement, it shall not affect our right to require subsequent enforcement, at a later time, of the same provision. Should we determine, in our sole discretion, that you have violated any provision of this Agreement, or any applicable laws, we may (with subsequent notice) suspend or cancel your account and/or restrict your access to our online destinations.
1.4 Collection of Payments Owed
We may use your personal information to collect any pending and applicable fees or other amounts owed, and/or bring legal action to enjoin violations and/or to collect all damages, should any be caused by your violations of this Agreement.
Please direct any questions not answered in these Terms & Conditions of Service to firstname.lastname@example.org.
2. WHAT YOU CAN EXPECT FROM US
Let's establish what you can expect from when using our services, before we address the expectations of you as a user of our services and/or websites.
2.1 Free Access to our Media Database (or "Knowledge Library")
We offer free access to most of our finished productions to the extent we are financially able to do so. This includes :
2.2 Transparency in Operations
We believe a more transparent world is a better one. As such, GPM is organized as a Limited Liability Corporation in the State of Michigan. The operations, research strategies, financing and production methods for each of our projects are disclosed on each project's respective website.
2.3 Transparency in Financing
If it were up to us, all our services would be available for free. Since each project incurs it's own costs, we typically self-finance and/or raise outside funds to bring these projects to life. We don't have a strict policy against accepting institutional money and/or large corporate sponsors, but to date, we've successfully avoided bringing these other voices into our media productions. As such, we may seek financing (in creative ways) from you, and the audiences who desire certain productions.
2.4 Voluntary Paid Access to our Media Library through Patreon
For those who are willing and able, we offer access to our entire media library (in one place) via paid monthly subscriptions on our Patreon Page, where many protections exist for both of us in their Terms of Service. We are very appreciative of anyone who voluntarily supports our work in this way, or through donations or pledges, as this is applied to our monthly overhead expenses, and allows us to provide the bulk of our information products for free to the average citizen, which we believe is a good thing for America.
2.5 Merchandise Sales & Pre-Ordering as Financing for Certain Media Products
In some cases, like with The 401 Book, we may pre-sell to finance its publication. In other cases, as with The Anatomy of a Great Deception 2 movie, we may employ a combination of methods such as early-stage crowd financing in the forms of pledges, donations, pre-selling tickets to the film's premiere screenings, signing with a local sponsor and/or charging for access to see the film for (usually) a set period of time after its release, or until our costs have been recouped. However, we make no promises or guarantees about being able to continue this process as we grow.
2.6 Service Level & Dedication
We are in this business for the message, not the profit. The people behind GPM care and have great passion, but are constrained by the realities of cash flow, like anyone else. With that said, we promise to do our best to offer excellent customer service, along with reliable and factually-correct media output.
2.7 Error Correction
Whether it's an error of fact, as in a case where we printed a historical figure's date of birth as 1847 instead of 1947, or if it's an error of say, the shipping company damaging your product during delivery, we promise to do our best to correct problems fairly and quickly. All messages of this nature should be directed to email@example.com.
3. PRODUCTS, PAYMENTS & SHIPPING
Even though most of our products and service offerings are free to the public, we charge for certain services and products, which, depending on their nature, requires us to apply certain product-specific terms of service, in addition to the General Provisions outlined in our Terms & Conditions of Service.
3.1 Products & Services Overview
We produce events, digital media, and durable media products in the form of movies, books, broadcast programs, digital memes and events in the "Alternative Media" space, typically compromised of controversial subjects the mainstream media does not cover. In addition to our own productions, we are constantly adding outside material to our Knowledge Base (or "Knowledge Library").
3.2 Paid Subscriptions to Digital Media through Patreon
Voluntary-Pay subscriptions are available through Patreon, where we house all our media in one place. Payments for pledges, donations or paid subscriptions are not refundable, but you are free to cancel your subscription at any time without penalty through Patreon, directly.
3.3 Durable Merchandise
3.4 Shipping Methods & Charges
Amazon FBA (Fulfillment by Amazon) handles most of our shipping and product fulfillment. which allows you to choose your own shipping method. We recommend UPS and/or USPS for their package tracking capabilities. Otherwise, our shipping and fulfillment practices are governed by Amazon's FBA policies. Click here to see Amazon's Shipping & Delivery page. Click here to see Amazon's Returns & Refunds Policy.
3.5 Events & Ticket Sales
GPM hosts events in the form of Film Premieres, Speaking Engagements, Customized Presentations, Book Signings, Book Readings, Industry Gatherings & Special Screening Events (often for charity) across the world. For policies in addition to our General Provisions about events, payments, reservations, booking, ticket sales and cancellations, refer to each event's specific Conditions of Admittance, which could potentially be guided by Ticketmaster, StubHub, LiveNation (among many others) and/or the local venue hosting the event itself, or a combination. Therefore, it's your responsibility to know any additional and applicable Terms of Service through those third parties.
4. WHAT WE EXPECT FROM YOU
It's simple. You are free to use, share, post, download, re-upload, re-list and/or re-post any materials from our proprietary catalogue of media products owned by GPM, as long as:
4.1 Proper Attribution
Please give proper attribution when using our material. This does not apply to our Knowledge Library, which contains works not-owned by GPM. In those cases, when it's not a GPM production, you'll need to understand the appropriate content-owner's terms (or contact them directly for permission to use it).
4.2 Changes to Our Media
You agree to not alter or change the intended meaning of any media found on GenpopMedia's array of online properties, unless we give written authorization to do so. It's usually a simple process to ask permission, and we rarely refrain from sharing freely, unless the media's intended meaning would be altered too greatly. Send a message to firstname.lastname@example.org with a description of your request to get started.
4.3 Keeping a Civil Environment
Many of our services allow you to interact with others. We maintain a respectful and welcoming environment for everyone, which means following these basic rules of conduct:
5. CONTENT SHARING & INTELLECTUAL PROPERTY USAGE
Three types of content make up our Media Library (or Knowledge Base):
5.1 Media Produced, owned, and copyright-protected by GPM
A few examples of GPM-owned media, which you are free to watch, listen to, read, share, download and/or re-post at your own discretion, are listed below.
5.2 Media Produced Outside the GPM Network
Some of our websites grant you access to content which belongs to other people or organizations, like documentary films, audio podcasts, peer-reviewed journal articles and old newspaper headlines. Please keep in mind:
5.3 GPM-Branded Material
Access to GPM-Branded Media, such as Logos, Graphics, Soundbites, Slides, Movie Stills, Quote Cards and similar media is free to use as long as our Terms and any product-specific terms are met. However, we retain all intellectual property rights associated with our content. You are not allowed to remove, obscure, or alter any of our branding, logos, or other materials, or present them in a way that confuses its original intended message, unless we've given you specific written authorization. To protect ourselves with such a liberal sharing policy, we reserve the right to restrict or deny access to any or all of our proprietary content for any reason at any time to any one.
6. DISCLAIMERS, LIMITATIONS OF LIABILITY & INDEMNIFICATION
The only commitments we make about our services (including the content in the services, the specific functions of our services, or their reliability, or availability, or ability to meet your need(s) are provided under applicable laws. We don’t make any other commitments about our services. Unless required by law, we don’t provide implied warranties, such as the implied warranties of merchantability, fitness for a particular purpose, and non-infringement, for example.
6.2 Liability Limitations
These Terms only limit our responsibilities as allowed by applicable law. Specifically, these terms don’t limit our corporate, legal or personal responsibilities. Within this legal framework, you agree GPM will not be held liable for any harm or loss beyond applicable laws for:
In addition, we shall not be liable to you or anyone else for delays in, or failures to perform our obligations under this Agreement that directly or indirectly result from events or causes beyond our reasonable control including, but not limited to: software failures, equipment failures, power outages, labor disputers, strikes, riots, fires, explosions, floods, bad weather, acts of God, war, governmental actions, orders of domestic or foreign courts, or administrative bodies and/or the non-performance of third parties.
Lastly, we shall not be liable for any direct, indirect, consequential, incidental, special or exemplary damages of any kind, including, but not limited to lost profits, goodwill, use, data, or other intangibles, whether in contract, tort, or negligence, even if you weren't aware of the possibility or probability of such damages.
There are slightly different indemnity provisions based on whether you're an individual consumer or an organizational user.
6.3.1 Indemnity (Individual Consumers)
You agree to defend, indemnify, and hold harmless from any liability, loss, damage or costs (including attorney's fees) related to any demand or litigation in any way related to use of our services, your breach of this Agreement, inaccurate or fraudulent information provided by you are a third party, or by the cancellation of your access to our system and/or websites, or infringement of any third-party rights arising from your use of our services and any other reasonable scenarios not mentioned.
6.3.2 Indemnity (Businesses & Organizations)
7. REPRESENTATIONS & WARRANTIES
We provide our services using reasonable skill and care. If we don’t meet the quality level described in this warranty, you agree to tell us and we’ll work with you to try to resolve the issue. If you are unsure where to start, send an email to email@example.com.
8. MISCELLANEOUS ITEMS
8.1 Non-Restrictions of Rights
By law, you have certain rights that can’t be limited by any contract, including our own Terms & Conditions of Service, which in no way are intended to restrict those rights.
8.2 Implied Agreements
These Terms describe the relationship between you and GPM. They don’t create any legal rights for other people or organizations, even if others benefit from that relationship under these terms.
If we are forced to materially change any of these Terms, or any product- or service-specific terms, we’ll provide you with as much advance notice to review and react to the changes, as possible.
9. PROVISIONS IN CASE OF PROBLEMS OR DISAGREEMENTS
By law, you have rights to a certain quality of service; and ways to fix problems should problems arise. These terms don’t limit or take away any of those rights, such as consumer protection laws.
9.1 Taking Legal Action
Before taking action as described below, we’ll provide you with advance notice when reasonably possible, describe the reason for our action, and give you an opportunity to fix the problem, unless we reasonably believe that doing so would:
9.2 GPM's Rights
GPM reserves the right to suspend or terminate your access to our services for any reason, including any of the reasons listed below.
9.3 Settling Disputes, Governing Laws & Courts
9.3.1 Give Us a Chance to Resolve Problems Directly
Before involving the court system to resolve any disputes, we ask that you agree to give us a chance to resolve any disagreements with us directly, first. If you are unsure of where to start, send a message to firstname.lastname@example.org
9.3.2 Michigan Law
Michigan law will govern all disputes arising out of, or relating to these Terms, regardless of conflict of laws rules. These disputes will be resolved exclusively in the federal or state courts of Michigan and/or Wayne County, USA, and you consent to personal jurisdiction in those courts.
9.3.3 Venue & Jurisdiction
To the extent that applicable local law prevents certain disputes from being resolved in a Michigan court, then you can file those disputes in your local court. Likewise, if applicable local law prevents your local court from applying Michigan law to resolve the disputes, then these disputes will be governed by the applicable local laws of your country, state, place of residence and/or jurisdiction of the claim.
10. LEGAL ENTITY & CORPORATE CONTACT
Moving Flicks LLC
9505 Groh Rd. Suite 004
Grosse Ile, MI 48138
THE 401 Show
Detroit, Michigan, United States
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