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TERMS OF AGREEMENT

Please read these Terms of Use (the "Agreement" or "Terms of Use") carefully before using the services offered by the El Mundo Entertainment, LLC, MindFruit and the Internet Television Association of America (or together the “Company”). This Agreement sets forth the legally binding terms and conditions for your use of the website at www.MindFruit.org, ww.itvaa.com, and all other sites owned and operated by El Mundo Productions, LLC. that redirect to www.MindFruit.org, www.itvaa.com, and all sub-domains (collectively, the “Site”), and the service owned and operated by the Company (together with the Site, the “Service”). By using the Service in any manner, including, but not limited to, visiting or browsing the Site or contributing content, information, or other materials or services to the Site, you agree to be bound by this Agreement.

Summary of Service

MindFuit.org and itvaa.com are membership based platforms El Mundo Productions, LLC runs to raise funds to train, educate talent and crew and subsidize creative projects that will be instrumental in sustaining an internet video, television and film industry in Texas. Through the Site, email, websites, and other media, the Service makes accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, projects, other material and information, and associated trademarks and copyright-able works (collectively, “Content”). Registered members of MindFuit and/or the Internet Television Association of America site (collectively, “Users”) may have the ability to contribute, add, create, upload, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible ("Submit") Content. “User Submissions” means any Content Submitted by Users.

Acceptance of Terms

The Service is offered subject to acceptance of all of the terms and conditions contained in these Terms of Use, including the Privacy Policy available at http://www.itvaa.com/privacy, and all other operating rules, policies, and procedures that may be published on the Site by the Company, which are incorporated by reference. These Terms of Use apply to every user of the Service. In addition, some services offered through the Service, may be subject to additional terms and conditions adopted by the Company. Your use of those services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.

The Company reserves the right, at its sole discretion, to modify or replace these Terms of Use by posting the updated terms on the Site. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

The Company reserves the right to change, suspend, or discontinue the Service (including, but not limited to, the availability of any feature, database, or Content) at any time for any reason. The Company may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.

The Service is available only to individuals who are at least 18 years old (and at least the legal age in your jurisdiction). You represent and warrant that if you are an individual, you are at least 18 years old and of legal age in your jurisdiction to form a binding contract, and that all registration information you submit is accurate and truthful. The Company reserves the right to ask for proof of age or student status from you and your account may be suspended until satisfactory proof of age or student status is provided. The Company may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in those jurisdictions.

Rules and Conduct

As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Use or law. The Service is provided only for your own personal, non-commercial use (except as allowed by the terms set forth in the section of these Terms of Use titled, "Projects: Fundraising and Commerce"). You are responsible for all of your activity in connection with the Service. You shall not permit any third party using your account to, take any action, or Submit Content, that:

- infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violates any law or contract;

- you know is false, misleading, or inaccurate;

- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortuous, obscene, offensive, profane, or invasive of another's privacy;

- constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters;

- contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of the Company or any third party;

- is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; or

- impersonates any person or entity, including any employee or representative of the Company.

Additionally, you shall not: (i) take any action that imposes or may impose (as determined by the Company in its sole discretion) an unreasonable or disproportionately large load on the Company’s or its third-party providers’ infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures the Company may use to prevent or restrict access to the Service (or other accounts, computer systems, or networks connected to the Service); (iv) run Maillist, Listserv, or any form of auto-responder or "spam" on the Service; or (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site.

You shall not directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Service; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national, and international laws and regulations.

Users agree to not abuse other users' personal information. Abuse is defined as using personal information for any purpose other than those explicitly specified in the Project Creator’s Project, or is not related to fulfilling delivery of a product or service explicitly specified in the Project Creator’s Project.

Registration

You may view non-registered visitor Content on the Site without registering, but as a condition of using certain aspects of the Service, you may be required to register with the Company and select a screen name ("User ID") and password. You shall provide accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your account. You shall not use as a User ID, domain name, or project name any name or term that (i) is the name of another person, with the intent to impersonate that person; (ii) is subject to any rights of another person, without appropriate authorization; or (iii) is offensive, vulgar, or obscene. The Company reserves the right in its sole discretion to refuse registration of or cancel a User ID, domain name, and project name. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password for the Site. You shall never use another User account without the other User’s express permission. You will immediately notify the Company in writing of any unauthorized use of your account, or other known account-related security breach.

Projects: Fundraising and Commerce

MindFruit.org and itvaa.com are a platforms where El Mundo Productions, LLC. might run project campaigns to fund a to raise capital to create jobs in the entertainment industry by offering rewards to Backers. By becoming a member on MindFruit.org and/or itvaa.com, you are accepting the offer to enter into a contract with the Company.

By becoming a member of MindFruit.org and/or itvaa.com, you as a member accept to be a member for a minimum of one (1) year. As a member, you agree to be bound by this entire Agreement, including the following terms:

- Members agree to provide their payment information at the time they register as a member. The initiation fee will be collected upon registration along with the first month membership dues.

- Members consent to the company and its payments partners authorizing or reserving an automatic monthly charge on their payment card or other payment method for their monthly membership dues.

- Members agree to have sufficient funds or credit available to ensure that the pledge will be collectible.

- Members will not cancel their membership after 48 hours.

- the Company will require a mailing address upon registration. 

- Member will promptly update their profile if an address change should occur.

- the Company reserves the right to cancel  a membership at any time and for any reason, and if so, will not be obligated to provide a refund

- the Company policy is not obligated to comment on the reasons for any of those actions.

- Members who pay their membership for a full year with a one time payment a year in advance will receive a 10% discount

You agree to release the MindFruit, the Internet Television Association of America (itvaa.com) and El Mundo Productions LLC. its affililiates, subsidiaries, officers, employees, agents, and successors in rights from claims, damages, and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to a dispute.

Fees and Payments

To become a member of MindFruit.org and/or the itvaa.com, the initiation setup fee is $45.00. In addition to the $45.00 initiation setup fee, there are monthly dues. The monthly dues vary depending on the membership level selected.

Option 1: Student Member $19.00 per month / $195 annual w/discount

Option 2: Professional Member - $49.00 per month / $529 annual w/discount

Option 3: VIP Members - $99.00 per month / $1060 annual w/discount

Option 4: Small Business Member - $195.00 / $2100 annual w/discount

Option 5: Corporate Member - $495.00 / $5346 annual w/discount

Any changes to membership dues are effective 30 days after the Company provides notice by posting the changes on the Site.

The Initiation Fee and monthly dues are set up on auto pay and collected by PayPal. itvaa.com is not responsible for the performance of PayPal.

Referral Fees

MindFruit.org and/or itvaa.com is providing an opportunity to a limited amount of members who will become the founding members.

MindFruit.org and/or Itvaa.com will pay a monthly referral fee to founding membes for each new member a founding member refers. For each new member referred, the founding member will received a 5% per month referral fee as long as the new member remains in good standing as member.

To qualify to receive referral fees these are the rules.

Only the founding members who sign up and remain in good standing will qualify for referral fees.

To begin receiving referral fees, an founding member must refer a minimum of 10 members.

Upon registration, the new member must enter the name of the referring member and their member number.

In the event the new member does not enter the referring members name and member # or enters it incorrectly, the referral fee will be disqualified and no monthly referral fee will be paid to referring member. We highly recommend that the existing member be present in person or by phone to help with the registration process and assure their membership information is entered correctly.

Referral Payments

Referral payments are made once per month when you have more than $100.00 in your referral account. The Founding member is responsible for monitoring their referral reports page in their profile page where they can see the new members who have registered them as their referral and the total amount of referral fees in their referral fee bank.

Each time a member reaches the $100.00 threshold, they can request a referral fee payment. All members must have a PayPal account set up with their email registered at MindFruit.org and/or itvaa.com.

The founding members are responsible for requesting payment for referral fees. Once MindFruit.org and/or itvaa.com is notified of the payment request and completes an audit of the payment request, an electronic transfer will be made to the members account within 7-10 business days or less.

Physical Locations

You acknowledge and agree that MindFruit.org and/or itvaa.com or El Mundo Productions, LLC shall not be liable for any injuries or damage related to you or your guests use of any physical gathering locations, goods, or services made available to you. By utilizing our physical locations you agree it is at your own risk and you waive the right to seek any damages from the Company.

Third-Party Sites

The Service may permit you to link to other websites or resources on the internet, and other websites or resources may contain links to the Site. When you access third-party websites, you do so at your own risk. Those other websites are not under the Company's control, and you acknowledge that the Company or any of our affiliates or business partners are not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources. The inclusion on another website of any link to the Site does not imply endorsement by or affiliation with the the Company. You further acknowledge and agree that MindFruit.org, itvaa.com or El Mundo Productions, LLC shall not be liable for any damage related to the use of any content, goods, or services available through any third-party website or resource.

 

Content and License

You agree that the Service contains Content provided by the Company and its partners and Users and that the Content may be protected by copyrights, trademarks, service marks, patents, trade secrets, or other rights and laws. You shall abide by and maintain all copyright and other legal notices, information, and restrictions contained in any Content accessed through the Service. The Company grants to each User of the Service a worldwide, non-exclusive, non-sub-licensable and non-transferable license to use and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution, or storage of any Content for other than personal, noncommercial use is prohibited without prior written permission from the Company, or from the copyright holder. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third-party right.

Termination

The Company may terminate your access to the Service, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. If you wish to terminate your account, you may do so by following the instructions on the Site.

Any dues paid to the the Company are non-refundable. Annual renewals of membership are automatic unless member provides cancellatioin in writing  60 days before the next year begins. 

In the event a member cancels their membership, and decides to re-enroll as a member later, they will be responsible to pay the set-up fee again. Their seniority as a member will start again and member will lose their rights to collect referral fees and all privileges which might be bestowed upon long term members. 

All provisions of the Terms of Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Warranty Disclaimer

The Company has no special relationship with or fiduciary duty to you. You acknowledge that the Company has no duty to take any action regarding any of the following: which Users gain access to the Site; what Content Users access  through the Site; what effects the Content may have on Users; how Users may interpret or use the Content; or what actions Users may take as a result of having been exposed to the Content. The Company cannot guarantee the authenticity of any data or information that Users provide information about themselves or their campaigns and projects. You release the Company from all liability for your having acquired or not acquired Content through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. The Company makes no representations concerning any Content on the Site, and the Company is not liable for the accuracy, copyright compliance, legality, or decency of material contained on the Service.

The Company does not guarantee that any Content will be made available through the Service. The Company has no obligation to monitor the Service or Content. The Company reserves the right to, at any time, for any reason, and without notice: (i) cancel, reject, interrupt, remove, or suspend a campaign or project; (ii) remove, edit, or modify any Content, including, but not limited to, any User Submission; and (iii) remove or block any User or User Submission. itvaa reserves the right not to comment on the reasons for any of these actions.

The Service is provided “as is” and “as available” and is without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. The Company, and its directors, employees, agents, suppliers, partners, and content providers do not warrant that: (a) the Service will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available at or through the Service is free of viruses or other harmful components; or (d) the results of using the Service will meet your requirements. Your use of the Service is solely at your own risk. Some states or countries do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.  The Company makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any website linked to the Site. The Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on the Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.

Electronic Communications Privacy Act Notice (18 USC §2701-2711): THE COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE. The Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on the Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.

Indemnification

You shall defend, indemnify, and hold harmless the Company, its affiliates, and each of its and its affiliates’ employees, contractors, directors, suppliers, and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees and other legal costs, that arise from or relate to your use or misuse of, or access to, the Service and Content, or otherwise from your User Submissions, violation of the Terms of Use, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with the Company in asserting any available defenses.

Limitation of Liability

In no event shall the Company, nor its directors, employees, agents, partners, suppliers, or content providers, be liable under contract, tort, strict liability, negligence, or any other legal or equitable theory with respect to the service (i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising), (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination), or (iii) for any direct damages in excess of (in the aggregate) one hundred U.S. dollars ($100.00). some states or countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.

International

Accessing the Service is prohibited from territories where the Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.

Electronic Delivery, Notice Policy, and Your Consent

By using the Services, you consent to receive from MindFruit.org, itvaa.com and/or El Mundo Productions, LLC all communications including notices, agreements, legally required disclosures, or other information in connection with the Services (collectively, "Contract Notices") electronically. The Company may provide the electronic Contract Notices by posting them on the Site. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the Services.

Governing Law

These Terms of Service (and any further rules, policies, or guidelines incorporated by reference) shall be governed by and construed in accordance with the laws of the State of Texas and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that the Company and its Services are deemed a passive website that does not give rise to personal jurisdiction over itvaa or its parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than the State of Texas. You agree that any action at law or in equity arising out of or relating to these terms, or your use or non-use of the Services, shall be filed only in the state or federal courts located in Bexar County in the State of Texas and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.

Integration and Severability

These Terms of Use and other referenced material are the entire agreement between you and the Company with respect to the Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and the Company with respect to the Service and govern the future relationship. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Miscellaneous

The Company shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond the Company’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation. The Terms of Use are personal to you, and are not assignable, transferable, or sub-licensable by you except with the Company's prior written consent. The Company may assign, transfer, or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.