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TERMS & CONDITIONS OF SERVICE

GENPOPMEDIA

GENPOPMEDIA TERMS & CONDITIONS OF SERVICE ("TERMS")

IMPLEMENTED: 08/07/2020

These Terms & Conditions of Service, along with our Privacy Policy represent the Agreement between you and the products, websites and/or services provided by Moving Flicks LLC, d.b.a. Genpopmedia, hereafter referred to as, "GPM", which is a Michigan corporation with locations in Detroit and Chicago. The domains for which these Terms apply are listed below:

Understanding these Terms & Conditions is an important responsibility of yours, because, by accessing one of our websites, or by using our services, you’re agreeing to these Terms. To fully understand the scope of this Agreement, read our Privacy Policy which also contains important information about your rights.

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INTRODUCTION

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.

GENERAL PROVISIONS
WHAT TO EXPECT FROM US
PRODUCTS, SERVICES, PAYMENTS & SHIPPING
WHAT IS EXPECTED OF YOU
RULES ABOUT CONTENT SHARING & INTELLECTUAL PROPERTY
LIMITATIONS OF LIABILITY & INDEMNITY
REPRESENTATIONS & WARRANTIES
MISCELLANEOUS ITEMS
PROVISIONS IN CASE OF PROBLEMS OR DISAGREEMENTS
LEGAL ENTITY & CORPORATE CONTACT INFORMATION

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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 (not excluding sites listed in the INTRODUCTION section above).

1.2 Amendments

These Terms & Conditions of Service may only be amended or modified by GPM, unless we agree to a change in writing with you. Otherwise, these Terms of Service, along with our Privacy Policy encompass the entire Agreement between us.

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.

1.5 For Questions

Please direct any questions not answered in these Terms & Conditions of Service to help@genpopmedia.com, or scroll to the bottom for full contact information.

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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:

Free access to most GPM-Owned Productions across all our websites.
Free access to unique products like our publicly-released 401 Quote Cards.
Free access broadcast programs like, the DTRH Show and The 401 Show.
Free access to movies, like The Anatomy of a Great Deception I (or "AGD1").
Free access to approved media not-owned by GPM in our Knowledge Library.
Free access to graphics, logos & unique promotional media, and opportunities.

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 and seek 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 copies 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 made a typo by listing 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 help@genpopmedia.com.

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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

Durable goods purchased through our Online Store, like Screening Kits, DVDs, Books and/or Branded Merchandise (like T-shirts) are covered by Amazon's Shipping & Fulfillment Terms.

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.

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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. Just send a message to help@genpopmedia.com 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:

Be kind and civil in mutual communications and/or with others in comments and feedback areas of our site(s).
Comply with applicable laws, export controls, and other local rules or sanctions.
Respect the rights of others, including privacy and intellectual property rights.
Don’t abuse or harm others, or yourself, or threaten, or encourage such harm in any way, including, by misleading, defrauding, defaming, bullying, harassing, or stalking others.
Don’t abuse, harm, interfere with, or do anytjing to disrupt our operations or delivery of products and services.

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5. CONTENT SHARING & INTELLECTUAL PROPERTY USAGE

Three types of content make up our Media Library (or Knowledge Base):

Media Owned by GPM
Media Not Owned by GPM
GPM's Branded Material (i.e. Logos, Graphics & Images)

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.

The 401 Quote Card Series
The Anatomy of a Great Deception Movie Series (AGD1, AGD2 & AGD3)
The 401 Show and its Episode Archive
The DTRH Show and its Episode Archive
UNSANE Movie Trailers and shareable Digital Slides
Publicly-released excerpts and quotes from The 401 Book, and the option to buy it in any of its Various Formats once it's released to the public.
Image & Photo Galleries related to our productions

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:

The views expressed by other people or organizations’ in their content are theirs, and don’t necessarily reflect our views.
You may view and use this content according to the respective content-owner's policies, which is your responsibility to learn, although when feasible, we'll attempt to include it with the content, itself.
Content permissions not included in this Agreement will be enforced by the local standards, and prevailing laws governing the content.

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.

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6. DISCLAIMERS, LIMITATIONS OF LIABILITY & INDEMNIFICATION

6.1 Disclaimers

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:

Any acts or omissions by you or your agent, whether authorized or unauthorized;
Your use or inability to use our websites and/or services;
Information you share or release publicly from our website(s);
Access delays or access interruptions to our services;
Failure to deliver a product, service, or one containing erroneous information;
Any breach of contract you have with a third party, such as an employer;
Any breach of a 3rd party's intellectual property as a result of your activity;
Your failure to pay us any applicable due payment; or for . . .
Actions, orders and judgments by administrative, judicial or other governmental bodies.

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.

6.3 Indemnity

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)

In addition to the provisions outlined in these Terms & Conditions of Service, and in our Privacy Policy, and any applicable product-specific terms, businesses, organizations and other enterprises agree to the following terms, as well.

You indemnify GPM and its directors, officers, employees, and contractors for any third-party legal proceedings (including actions by government authorities) arising out of or relating to your unlawful use of the services or violation of these terms.
Product-specific indemnity covers any liability or expense arising from claims, losses, damages, judgments, fines, litigation costs, and legal fees.

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7. REPRESENTATIONS & WARRANTIES

7.1 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 help@genpopmedia.com.

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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.

8.3 Changes

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.

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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:

cause harm or liability to another user, third party, or GenpopMedia, itself.
violate the law or a legal enforcement by a recognized authority’s order.
compromise an investigation
compromise the operation, integrity, or security of our services, products and/or processes.

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.

you materially or repeatedly breach these terms.
we’re required to do so to comply with a legal requirement or a court order.
we reasonably believe that your conduct causes harm to another user, third party, or GPM, itself, such as slandering, shilling, harassing, spamming, misleading, or misusing content that doesn’t belong to you.

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 help@genpopmedia.com

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.

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10. LEGAL ENTITY & CORPORATE CONTACT

GENPOPMEDIA |CORPORATE | DETROIT

9505 Groh Rd. Suite #4

Airport Park

Grosse Ile, MI 48138 USA

Email: help@genpopmedia.com

www.genpopmedia.com